Miami-Dade Police Department e-mail Granado, Rafael
From: Proenza, Sonia <SProenza @mdpd.com>
Sent: Wednesday, March 30, 2016 3:42 PM
To: Granado, Rafael
Cc: Benford, Russell (Office of the Mayor); Bethune,Ingrid (Office of the Mayor); Mc Cully,
Annette;Williams, Carmen B.
Subject: 281407-Rafael E. Granado-City of Miami Beach Resolution No. 2016-29305
Attachments: 281407_281407 Rafael E Granado.pdf; Resolution R-77-16_Opposing SB 872 & HB
675.pdf
Importance: High
RafaelGranado @miamibeachfl.gov .
Dear Mr. Granado:
The Miami-Dade Police Department (MDPD) is in receipt of your recent letter to Miami-Dade County
(MDC) Mayor Carlos A. Gimenez, regarding the Miami Beach Resolution No. 2016-29305, "A
Resolution Opposing SB 872 and HB 675, or Similar Legislation That Would Preempt Local Policies
Related To Immigration Detainer Requests," which passed unanimously.
We appreciate the efforts of the city of Miami Beach in taking action against this legislation. The MDC
also opposes this legislation, and the Board of County Commissioners took similar action, with the
passage of MDC Resolution R-77-16, attached herein. This year the bill died in the Florida Senate
Judiciary Committee; however, in future sessions of the State Legislature we look forward to working
together with the city of Miami Beach to advocate against legislation that would preempt local policies
regarding immigration detainers.
If we may be of further assistance in matters of mutual concern, please feel free to contact Ms. Susan
Windmiller, of our Police Legal Bureau, at 305-471-3197. Ms. Windmiller handles the MDPD's local,
state, and federal legislative initiatives.
Sincerely,
Juan J. Perez
Director
From: Bethune, Ingrid (Office of the Mayor) [mailto:BETHUNE @miamidade.gov]
Sent:Thursday, February 25, 2016 7:26 AM
To: Remy, Fatima M.<fmremy @mdpd.com>
Cc: Mc Cully,Annette<amccully @mdpd.com>
Subject:Assignment from the Mayor
Importance: High
OFFICE OF THE MAYOR-CORRESPONDENCE ASSIGNMENT
LOG NUMBER: 281407
OFFICE OF THE MAYOR ASSIGNMENT: Benford, Russell
DEPT ASSIGNED TO: Miami-Dade Police Department
DATE OF CORRESPONDENCE: 02/17/2016
DATE LOGGED AND ASSIGNED: 02/24/2016
SUBJECT: Resolution No. 2016-29305 A resolution of the Mayor and City Commission of The City of Miami Beach
Florida opposing SB 872 and HB 675 or Similar legisalation that would preempt local policies related
FROM: Rafael E. Granado
REFERRED BY:
FILE NUMBER:
DATE DUE: 03/09/2016
CROSS REFERENCE:
INTERIM RESPONSE FROM:
STATING:
PLEASE PREPARE A:
TO:
FROM:
COPY/S TO:
OTHER INSTRUCTIONS:
DATE CLOSED: 02/25/2016
ATTENTION:
ANY QUESTIONS PLEASE CALL:
II
2
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rte,
•
MIAMIBEACH X.;1/
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov 7
Office of the City Clerk
Tel:305-673-741 1
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ti c-) co
February 17, 2016 N" ��
—I N
1aJ
Honorable Mayor Carlos A. Gimenez rn
Stephen P. Clark Center , , —.
111 N.W. 1st Street -=-'
Miami, FL 33128
Dear Honorable Mayor Gimenez,
Attached please find a copy of City of Miami Beach Resolution No. 2016-29305:
A Resolution Opposing SB 872 And HB 675, Or Similar Legislation That
Would Preempt Local Policies Related To Immigration Detainer Requests.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City of Miami Beach on February 10, 2016.
If you need additional information, please do not hesitate to call.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Kristen Rosen Gonzalez
I ! -
II
RESOLUTION NO. 2016-29305
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING SB 872
AND HB 675, OR SIMILAR LEGISLATION THAT WOULD
PREEMPT LOCAL POLICIES RELATED TO IMMIGRATION
DETAINER REQUESTS:.
WHEREAS, the United States Department of Homeland Security, Immigration and
Customs Enforcement ("Immigration and Customs Enforcement") issues immigration detention
requests, known as detainers, to local criminal justice agencies, including the Miami-Dade
Corrections and Rehabilitation Department(the "Department"); and
WHEREAS, Immigration and Customs Enforcement issues detainers to the Department
requesting that Miami-Dade County ("County") hold an inmate until Immigration and Customs
Enforcement can assume custody of the inmate, up to 48 hours after the inmate's local charges
have been resolved; and
WHEREAS, on December 3, 2013, the County adopted Resolution No. R-1008-13
directing the County Mayor, or his designee to implement a policy whereby the Department
may, in its discretion, honor detainer requests issued by Immigration and Customs Enforcement
only if the federal government agrees in writing to reimburse the County for any and all costs
relating to compliance with such detainer requests, and either:
a. the inmate that is the subject of such a request has a previous conviction for a
Forcible Felony, as defined in Florida Statute section §776.08, or
b. the inmate that is the subject of such a request has, at the time the Department
receives the detainer request, a pending charge of a non-bondable offense, as
provided by Article I, Section 14 of the Florida Constitution, regardless of whether
bond is eventually granted; and
WHEREAS, effective January 1, 2014, the County began honoring detainer requests
only when the above conditions were met; and
•WHEREAS, since the implementation of this policy, County taxpayers have saved
hundreds of thousands of dollars in costs that are unreimbursed by the federal government
associated with honoring immigration detainer requests; and
WHEREAS, Senate Bill (SB) 872 and House Bill (HB) 675 have been filed by Senator
Aaron Bean (R — Jacksonville) and Representative Larry Metz (R — Groveland), respectively;
and
•
WHEREAS, SB 872 and HB 675 are identical bills that would prohibit local governmental
entities and law enforcement agencies from limiting or restricting the enforcement of federal
immigration law, including but not limited to, limiting or restricting compliance with an
immigration detainer; and
WHEREAS, SB 872 and HB 675 prohibit "Sanctuary Policies" defined therein as "a law,
policy, practice, procedure, or custom\adopted or permitted by a state entity, state official, law
enforcement agency, local governmential entity, or local government official ... which prohibits or
impedes a law enforcement agency from communicating or cooperating with a 'federal
immigration agency or a federal immigration official with respect to federal immigration
enforcement, including, but not limited to, cooperation with immigration detainers"; and
WHEREAS, SB 872 and HB 675 would preempt County policy as it specifies that "a
state or local governmental entity or official or a law enforcement agency may not limit or restrict
the enforcement of federal immigration law, including, but not limited to, limiting or restricting a
state or local governmental entity or official or a law enforcement agency from complying with
an immigration detainer"; and
WHEREAS, SB 872 and HB 675 would er
p mit the Florida Attorney General, or
applicable Y ,
pplicable state attorney, to institute proceedings in Circuit Court to enjoin a law enforcement
agency or local governmental entity found to be in violation of the proposed legislation and
would impose fines of
p at least 1
$ 0 00, but not more than $5,000, for each day that the policy or
practice was found to be in effect before the injunction was granted; and
WHEREAS, pursuant to 8 C.F.R. §287.7(e), Immigration and Customs Enforcement is
not responsible for incarceration costs of any individual against whom a detainer is lodged until
actual assumption of custody; and
WHEREAS, SB 872 and HB 675 could impact the County's policy regarding immigration
detainers and could prevent the County from obtaining reimbursement for any and all costs
related to honoring immigration detainers; and
WHEREAS, detainer requests are an unfunded federal mandate that impose hefty fiscal
burdens and legal liability on local law enforcement agencies; and
WHEREAS, SB 872 and HB 675 could result in the taxpayers of Miami-Dade Count
and any county in Florida, incurring the cost of honoring immigration detainers; and County,
WHEREAS, the Mayor and City Commission oppose SB 872 and HB 675 because such
Bills would preempt policies set by Miami-Dade County that provide that the County will only
hold such inmates under immigration detainer requests up to 48 hours if the federal government
reimburses County taxpayers for the cost.
•
1
i.. 4
tl
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby oppose SB 872 and HB 675, or similar legislation that would preempt local
policies related to immigration detainer requests.
PASSED and ADOPTED this jjo day of F-6brie ry 201 . :.
ATTEST: - ,4 / J�
;f �'�P..• •.'1o\ Philip Levine/7)-j/!.1."ye
17 11 INCORP[RATED) l �f •
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-'afael E. ' ranad•, Cit Cle •. /''
! :��; �:. APPROVED AS TO
Ch+ _' FORM & LANGUAGE
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'�«•...,,..•�-� &FOR EXECUTION
City Attorney Date
•
F:\ATTO\TURN\RESOS\Oppposing SB 872 and HB 675 immigration detainer.doc
OFFICIAL FILE COPY
CLERK OF THE SWARD
OF COUNTY COIOLISSIONERS
MIAMI-DADE COUNTY,FLORIDA
MEMORANDUM
Agenda Item No. 11(A)(28)
TO: Honorable Chairman Jean Monestime DATE: January 20, 2016
and Members,Board of County Commissioners ,
FROM: Abigail Price-Williams SUBJECT: Resolution opposing SB 872
County Attorney and HB 675,or similar
Legislation that would preempt
policies set by this Board related
to immigration detainer requests
Resolution No. R-77-16
The accompanying resolution was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Sally A. Heyman, and Co-Sponsors Commissioner Daniella Levine Cava
and Chairman Jean Monestime.
"�.l1/1 , r 1• i _.._..:- /
Ab1 ail P' 'ce-Williams
County 7 r orney
APW/jls
br o:7� ,/) MEMO UM
(Revised)
TO: Honorable Chairman Jean Monestime DATE: January 20, 2016
and Members,Board of County Commissioners
�
FROM: tj-nce- i i:��.: SUBJECT: Agenda Item No. 11(A)(28)
Coun •homey
Please note any items checked.
"3 Day Rule"for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to mu nici p al officials required prior to public
li
c
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required •
Statement of fiscal impact required •
-Statement of social equity required •
Ordinance creating a new board requires detailed County Mayor's
/ report for public hearing
No committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's ,
3/5's ,unanimous )to approve
Current information regarding fun
g g duj.g source,index code and available
balance, and available capacity(if debt is c
p ty( contemplated) Yu
p }r red
Approved Mayor Agenda Item No. 11(A)(28)
Veto 1-20-16
Override
RESOLUTION NO. R-7 7-16
RESOLUTION OPPOSING SB 872 AND HB 675, OR SIMILAR
LEGISLATION THAT WOULD PREEMPT POLICIES SET BY
THIS BOARD RELATED TO IMMIGRATION DETAINER
REQUESTS
WHEREAS, the United States Department of Homeland Security, Immigration and
Customs Enforcement ("Immigration and Customs Enforcement") issues immigration detention
requests, known as detainers, to local criminal justice agencies, including the Miami-Dade
Corrections.and Rehabilitation Department(the"Department"); and
WHEREAS, Immigration and Customs Enforcement issues detainers to the Department
requesting that the County hold an inmate until Immigration and Customs Enforcement can
assume custody of the inmate, up to 48 hours after the inmate's local charges have been
resolved;and
WHEREAS, in 2011, Immigration and Customs Enforcement issued 3,262 detainers to
the Department, 57 percent of which involved inmates not charged with felonies; and
WHEREAS, in 2012, Immigration and Customs Enforcement issued 2,499 detainers to
the Department, 61 percent of which involved inmates not charged with felonies; and
WHEREAS, honoring Immigration and Customs Enforcement detainers by holding
inmates up to an additional 48 hours cost the taxpayers of Miami-Dade County $1,002,700 in
2011 and$667,076 in 2012; and
WHEREAS, on December 3, 2013, this Board adopted Resolution No. R-1008-13
directing the Mayor or designee to implement a policy whereby the Department may, in its
discretion,honor detainer requests issued by Immigration and Customs Enforcement only if:
a
Agenda Item No. 11(A)(28)
Page No. 2
1. the federal government agrees in writing to reimburse Miami-Dade County for any
and all costs relating to compliance with such detainer requests, and either:
2. the inmate that is the subject of such a request has a previous conviction for a
Forcible Felony, as defined in Florida Statute section 776.08,or
3. the inmate that is the subject of such a request has, at the time the Department
receives the detainer request, a pending charge of a non-bondable offense, as
provided by Article I, Section 14 of the Florida Constitution, regardless of whether
bond is eventually granted; and
WHEREAS, effective January 1, 2014, Miami-Dade County began honoring detainer
requests only when the above conditions were met; and
WHEREAS, since the implementation of this policy, the taxpayers of Miami-Dade
County have saved hundreds of thousands of dollars in costs that are unreimbursed by the federal
government associated with honoring immigration detainer requests;and
WHEREAS, on November 20, 2014, U.S. Secretary of Homeland Security Jeh Charles
Johnson issued a memorandum entitled "Secure Communities" to Immigration and Customs
Enforcement advising that a number of federal courts have rejected the authority of state and
g J tY
local law enforcement agencies to detain immigrants pursuant to federal detainers issued under
the Secure Communities program and that governors, mayors, and state and local law
enforcement officials around the country have increasingly refused to cooperate with detainer
requests and many have issued executive orders or signed laws prohibiting cooperation; and
WHEREAS, federal courts have found that local law enforcement agencies that detain
individuals on the sole authority of a detainer request violate the Fourth Amendment of the U.S.
Constitution, exposing such agencies to legal liability unless there has been an independent
finding of probable cause to justify detention; and
Agenda Item No. 11(A)(28)
• Page No. 3
WHEREAS, the Secretary of Homeland Security acknowledged that an increasing
number of federal court decisions hold that detainer-based detention by state and local law
enforcement agencies violates the Fourth Amendment; and
WHEREAS, the Secure Communities memorandum directed Immigration and Customs
Enforcement to discontinue the former immigration policy and implement a new program called
the Priority Enforcement Program ("PEP") that focuses on targeting individuals who pose a
threat to public safe ty or individuals convicted of significant
criminal offenses and seeks the
transfer of individuals in state and local custody in specific limited circumstances; and
WHEREAS,under PEP, Immigration and Customs Enforcement will issue a request that
the state or local law enforcement agency notify Immigration and Customs Enforcement at least
48 hours prior to release of a suspected priority removable individual; and
WHEREAS,under PEP,Immigration and Customs Enforcement will also issue a request
to the law enforcement agency to detain an individual for up to 48 hours after his or her release,
but only when the individual fits within the Department of Homeland Security's narrower
enforcement priorities and Immigration and Customs Enforcement has sufficient probable cause
to find that the individual is removable; and
WHEREAS, aliens within the U.S., including aliens who are unlawfully present, enjoy
Fourth and Fifth Amendment protections under the U.S. Constitution and shall not be deprived
of life, liberty or property without due process of law; and
WHEREAS, while criminal detainers are subject to multiple procedural safeguards,
including a requirement of court approval, Immigration and Customs Enforcement detainer
requests lack comparable protections and are often issued where there are no immigration
proceedings pending; and
Agenda Item No. 11(A)(28)
Page No. 4
WHEREAS, a judge is not required to review or approve an immigration detainer; and
WHEREAS, an immigration detainer may be issued by a single Immigrations and
Customs Enforcement officer when there are no immigration proceedings pending; and
WHEREAS, this process does not meet the U.S. Constitution's minimum standard for
authorizing detention after an inmate is scheduled to be released; and
WHEREAS,on June 17,2015,the American Civil Liberties Union(the"ACLU")issued
a letter to U.S. Secretary of Homeland Security Jeh Charles Johnson addressing serious legal
concerns with the implementation of PEP and advised new policy sed that the ew po cy does not cure the legal
deficiencies which courts have found to violate the Fourth Amendment and expose local law
enforcement agencies to liability; and
WHEREAS, the ACLU reports that Immigration and Customs Enforcement detainers
imprison people without due process and, in many cases, without any charges pending or
probable cause violations,raising serious constitutional due process concerns; and
WHEREAS, despite the change in policy at the federal level through PEP and concerns
regarding the constitutionality of PEP, bills have been filed for consideration during the 2016
session of the Florida Legislature that would prohibit local governments from limiting or
restricting the enforcement of federal immigration laws, including complying with immigration
detainers, and preempt policies set by this Board requiring the federal government to reimburse
county taxpayers for costs relating to compliance with Immigration and Customs Enforcement
detainer requests; and
WHEREAS, Senate Bill (SB) 872 and House Bill (HB) 675 have been filed by Senator
Aaron Bean(R-Jacksonville)and Representative Larry Metz(R-Groveland),respectively; and
6
Agenda Item No. 11(A)(28)
Page No. 5
WHEREAS, SB 872 and HB 675 are identical bills that would prohibit local government
entities and law enforcement agencies from limiting or restricting the enforcement of federal
immigration law, including but not limited to, limiting or restricting compliance with an
immigration detainer; and
WHEREAS, SB 872 and HB 675 prohibit "Sanctuary Policies," defined therein as "a
law, policy, practice, procedure, or custom adopted or permitted by a state entity, state official,
law enforcement agency, local governmental entity, or local government official ...which
prohibits or impedes a law enforcement agency from communicating or cooperating with a
federal immigration agency, or a federal immigration official, with respect to federal
immigration enforcement, including,but not limited to, cooperation with immigration detainers";
and
WHEREAS, SB 872 and HB 675 would preempt County policy as it specifies that "a
state or local governmental entity or official or a law enforcement agency may not limit or
restrict the enforcement of federal immigration law, including, but not limited to, limiting or
restricting a state or local governmental entity or official or a law enforcement agency from
complying with an immigration detainer"; and
WHEREAS, SB 872 and HB 675 would permit the Florida Attorney General or
applicable state attorney to institute proceedings in circuit court to enjoin a law enforcement
agency or local government entity found to be in violation and impose fines of at least $1,000,
but not more than$5,000,for each day that the policy or practice was found to be in effect before
the injunction was granted; and
WHEREAS, pursuant to 8 C.F.R. § 287.7(e), Immigration and Customs Enforcement is
not responsible for incarceration costs of any individual against whom a detainer is lodged until
actual assumption of custody; and
7
Agenda Item No. 11(A)(28)
Page No. 6
WHEREAS, to the extent a payment authorization is considered by Immigration and
Customs Enforcement to a local law enforcement agency, under INA §103(a)(11), it should only
be made pursuant to a written agreement because Immigration and Customs Enforcement pays
detention costs when aliens are in its custody pursuant to an agreement with a political
subdivision of a state; and
WHEREAS, SB 872 and HB 675 could impact the County's policy regarding
immigration detainers and could prevent the County from obtaining reimbursement for any and
all costs related to honoring immigration detainers;and
WHEREAS, detainer requests are an unfunded federal mandate that impose hefty fiscal
burdens and legal liability on local law enforcement agencies; and
WHEREAS, SB 872 and HB 675 could result in the taxpayers of Miami-Dade County
and any county in Florida incurring the cost of honoring immigration detainers; and
WHEREAS,SB 872 and HB 675 expose Miami-Dade County and other Florida counties
to potential legal liability for holding an inmate pursuant to an immigration detainer, without
probable cause,beyond the point at which he or she would otherwise be released; and
WHEREAS, this Board opposes SB 872 and HB 675 because they preempt policies set
by this Board related to immigration detainer requests to hold an inmate up to 48 hours that
provide that the County will only hold such inmates up to 48 hours if the federal government
reimburses county taxpayers for the cost,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that this Board:
Section 1. Opposes SB 872 and HB 675, or similar legislation that would preempt
policies set by this Board related to immigration detainer requests.
•
Agenda Item No. 11(A)(28)
Page No. 7
Section 2. Directs the Clerk of the Board to transmit a certified copy of this
resolution to the Governor, Senate President, House Speaker, Senator Aaron Bean,
Representative Larry Metz and the Chair and Members of the Miami-Dade County State
Legislative Delegation.
Section 3. Directs the County's state lobbyists to oppose the passage of the
legislation set forth in Section 1 above, and authorizes and directs the Office of
Intergovernmental Affairs to amend the 2016 State Legislative Package to include this item.
The Prime Sponsor of the foregoing resolution is Commissioner Sally A. Heyman, and
the Co-Sponsors are Commissioner Daniella Levine Cava and Chairman Jean Monestime. It was
offered by Commissioner Jose "Pepe" Diaz ,who moved its adoption. The motion was
seconded by Commissioner Sally A.Heyman and upon being put to a vote,the vote was
as follows:
Jean Monestime, Chairman aye
Esteban L. Bovo, Jr.,Vice Chairman aye
Bruno A. Barreiro aye Daniella Levine Cava aye
Jose "Pepe"Diaz aye Audrey M. Edmonson aye
Sally A. Heyman aye Barbara J. Jordan aye
Dennis C. Moss aye Rebeca Sosa aye
Sen. Javier D. Souto absent Xavier L. Suarez absent
Juan C.Zapata aye
Agenda Item No. 11(A)(28)
Page No. 8
The Chairperson thereupon declared the resolution duly passed and adopted this 20th day
of January, 2016. This resolution shall become effective upon the earlier of(1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective
only upon an override by this Board, or(2) approval by the County Mayor of this Resolution and
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
°M 41/4 COUNTY COMMISSIONERS
- 1-b4, �I
`P COUNTY Z HARVEY RUVIN, CLERK
CO
* * Christopher Agrippa
By:
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
Suzanne Villano-Charif