The City of Florida refuses to use its local police to collaborate with ICE

The city of South Miami, in the state of Florida, has decided to seek judicial protection to avoid being compelled to turn its local police force into an extension of federal immigration policies.

The measure comes amid increasing pressure from the state attorney general, James Uthmeier, who has warned several municipalities about possible sanctions if they do not cooperate with the Immigration and Customs Enforcement (ICE).

During a meeting held on Tuesday, the mayor of South Miami, Javier Fernández, explained that the city will ask a judge to determine whether they are legally required to interrogate and detain undocumented immigrants as part of their routine police duties.

"The only safe refuge left for us is to go to the courts and ask for an opinion on what the law states and what our obligations are," Fernández said. "It's not about the merits of the policy, but rather a specific legal question," the outlet Tampa Bay reported.

The decision comes after Prosecutor Uthmeier sent a letter to officials in Fort Myers, accusing them of violating state law by refusing to sign a formal agreement with ICE under the 287(g) program.

This program allows local police forces to act as federal immigration agents. Uthmeier described the denial as a "serious and direct violation" of the 2019 law that prohibits so-called "sanctuary cities" in Florida.

Uthmeier also warned that cities that do not cooperate could face civil and criminal sanctions, including the suspension of their officials by Governor Ron DeSantis.

The case of South Miami reflects the tensions faced by cities in Florida between complying with increasingly aggressive state mandates on immigration and maintaining local autonomy to decide how to operate their police forces.

Municipal officials fear that not aligning with state policies could result in reprisals, such as budget cuts or political sanctions.

More than 100 law enforcement agencies in Florida have already signed agreements with ICE under the 287(g) program, including departments in cities such as Hialeah (with the largest Hispanic population in the country), Coral Gables, Tampa, and St. Petersburg.

However, in South Miami, the mayor and other local officials have opted for a more cautious assessment.

"We have been trying to understand how this agreement might impact our insurance, our labor relations, and our legal exposure," Fernández explained in an interview. "We want to know exactly what we are getting into."

City attorney Anthony Recio noted that the attorney general's letter is merely an interpretation of the law, not necessarily a legal obligation. Although the attorney general's opinions are regarded as significant, they are not binding, which is why the city will seek judicial clarification.

"We live in an environment where many want to gain political points at any cost," the mayor concluded. "But what I want is to live in a society where the rule of law is respected," he emphasized.

Frequently Asked Questions about Florida Cities' Collaboration with ICE