LTC 097-2017 City of North Miami Resolution No. 2017-R-16MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 097 -2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: February 23, 2017
SUBJECT: CITY OF NORTH MIAMI RESOLUTION NO. 2017 -R -16
Attached for your information is Resolution No. 2017 -R -16, adopted by the Mayor and
Commission of the City of North Miami on February 14, 2017.
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH MIAMI, CONDEMNING THE TRUMP ADMINISTRATION'S
EXECUTIVE ORDERS RELATED TO IMMIGRATION AND FURTHER
URGING THE TRUMP ADMINISTRATION TO REVERSE COURSE;
PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES.
The City of North Miami Clerk has requested that a copy of this resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
LC /REG
Attachment
F: \CLER \$ALL \LILIA \LTC's - Transmittal's \Resolution 2017- R- 16.docx
RESOLUTION NO. 2017 -R -16
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH MIAMI, FLORIDA,
CONDEMNING THE TRUMP ADMINISTRATION'S
EXECUTIVE ORDERS RELATED TO IMMIGRATION AND
FURTHER URGING THE TRUMP ADMINISTRATION TO
REVERSE COURSE; PROVIDING FOR AN EFFECTIVE
DATE AND ALL OTHER PURPOSES.
WHEREAS, the City of North Miami is a diverse and vibrant community whose residents
and their ancestors (with the exception of Native Americans) all arrived in the United States as
immigrants and /or refugees; and
WHEREAS, on January 25, 2017, by Executive Order: Border Security and Irnmigration
Enforcement Improvements, President Trump declared the policy of the executive branch to secure
the southern border of the United States through the immediate construction of a physical wall; to
detain individuals apprehended on suspicion of violating Federal or State law, including Federal
immigration law, pending further proceedings regarding those violations; to expedite
determinations of apprehended individuals' claims of eligibility to remain in the United States; to
promptly remove individuals whose legal claims to remain in the United States are rejected; to
cooperate fully with States and local law enforcement in enacting Federal -State partnerships to
enforce Federal immigration priorities, as well as State monitoring and detention programs that
are consistent with Federal law and do not undermine Federal immigration priorities; and to hire
an additional five thousand (5000) Border Patrol Agents; and
WHEREAS, on January 25, 2017, by Executive Order: Enhancing Public Safety in the
Interior of the United States, President Trump declared the policy of the executive branch to ensure
faithful execution of United States immigration laws against all removable aliens consistent with
Article II, Section 3 of the United States Constitution and 5 U.S.C. 3331; to make use of all
available systems and resources to ensure the efficient and faithful execution of the immigration
laws of the United States; to ensure that jurisdictions that fail to comply with applicable Federal
law do not receive Federal funds, except as mandated by law; to ensure that aliens ordered removed
from the United States are promptly removed; to support victims of crimes committed by
removable aliens; to hire an additional ten thousand (1 0,000) immigration officers; to empower
State and local law enforcement agencies to perform the functions of immigration officers; to
IWO NO. 17 -084 (JPC) Page 1 of 3
provide the Secretary of Homeland Security with the authority to designate, in his discretion and
to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction; to ensure that
jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not
eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by
the Attorney General or the Secretary of Homeland Security; and
WHEREAS, Executive Order: Enhancing Public Safety in the Interior of the United States
directs the U.S. Attorney General to take appropriate enforcement action against any entity that
violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders
the enforcement of Federal law, and further directs the Secretary of Homeland Security to, on a
weekly basis, make public a comprehensive list of criminal actions committed by aliens and any
jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens; and
WHEREAS, American's of all faiths and political persuasions have declared the
Executive Orders to be dubious in nature, ill contrived, morally reprehensible and legally and
constitutionally deficient, and
WHEREAS, on February 4, 2017, Judge James Robart of the United States District Court
Western District of Washington At Seattle, granted a Temporary restraining Order that held key
provisions of the Executive Orders unconstitutional; and
WHEREAS, various other courts have found parts of the Executive Orders to be
unconstitutional; and
WHEREAS, we as elected officials have an obligation to decry the President's Executive
Orders and the escalation of hateful rhetoric against Muslims, those perceived to be Muslims, and
imm igrants; and
WHEREAS, we as elected officials have a special responsibility not to stay silent in the
face of religious intolerance, xenophobia, hateful speech, and discrimination against any of our
constituents or fellow countrymen.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA:
Section 1. The Mayor and City Council of the City of North Miami, Florida, ( "Mayor
and City Council ") hereby condemn all hateful speech and religious intolerance against Muslims,
those perceived to be Muslims, and immigrants of all kinds.
IWO NO. 17 -084 (JPC) Page 2 of 3
Section 2. The Mayor and City Council urge the Trump administration, specifically
President Donald Trump to reverse course and rescind his Executive Orders, recognize the ideal
of freedom of religion memorialized in our U.S. Constitution and abide by the law especially when
decisions are made by the separate, independent, and coequal Judicial Branch of government that
run counter to his own perception of legality.
Section 3. The City Clerk is directed to transmit a certified copy of this resolution to
United States President Donald Trump, and all members of the House of Representatives and the
U.S. Senate representing the State of Florida.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED by a 4_0 vote of the Mayor and City Council of the
City of North Miami, Florida, this 14th day of February, 201
ATTEST:
dig
MICHAEL A. ET 'E, ESQ.
CITY CLERK
APPROVED AS TO FORM
AND LEGAL SUFF CIENCY:
JEF/ . . CAZEAU, ESQ.
Y ATTORNEY
SPONSORED BY: COUNCILPERSON ALIX DESULME
Moved by: Desulme
Seconded by: Bien --Rime
Vote:
Mayor Smith Joseph, D.O., Pharm. D. (Yes) (NObsent
Vice Mayor Scott Galvin. x (Yes) (No)
Councilperson Carol Keys, Esq X (Yes) (No)
Councilperson Philippe Bien -Aime x (Yes) (No)
Councilperson Alix Desulme x (Yes) (No)
IWO NO. 17 -084 (JPC) Page 3 of 3