The city of Miami approves controversial pact with ICE

The vote has been described by many as a "turning point" for the identity of a city built on the foundation of migration.

The Miami Commission met this TuesdayPhoto © YouTube/Screenshot/Univision

The Miami city commission approved on Tuesday the adherence to an agreement that will allow local police to assume limited functions in immigration matters under the supervision of the U.S. Immigration and Customs Enforcement (ICE).

The federal program, known as 287(G), allows officers to question, arrest, and detain individuals suspected of violating immigration law.

The vote, decided by a narrow majority of 3 to 2, has been described by many as a "turning point" for the identity of a city built on the foundation of migration.

What does the 287(g) agreement entail?

The 287(g) program, established through an amendment to the Immigration and Nationality Act of 1996, authorizes local agents to act as immigration officers after receiving federal training.

This includes interrogating, arresting, and detaining individuals suspected of being in the country without legal authorization.

In the case of Miami, the “task force” model has been chosen: only three officers will be initially trained and will act exclusively in direct coordination with ICE.

According to statements to the local press from the chief of the Miami Police, Manuel Morales, these officers "will only intervene if they are working directly with ICE on specific tasks."

The agreement does not imply—at least in its formal wording—that the local police will become an active immigration control force.

However, Morales also warned that not signing the agreement "could affect the receipt of federal funds."

Political division: voting and its key players

The approval of the agreement revealed a clear division in the political leadership of the city.

The commissioners who voted in favor were Joe Carollo (the proponent of the motion), Miguel Ángel Gabela, and Ralph “Rafael” Rosado.

Against it were the commission president Christine King and Commissioner Damián Pardo, who voiced strong criticisms of the agreement.

Pardo proposed to postpone the vote until a lawsuit from the city of South Miami regarding the legality of these agreements was resolved.

"The atmosphere created by this legislation is toxic for the city of Miami, because the climate we are witnessing is one of fear, repression, and hostility," she warned.

King, for his part, stated: “We are all immigrants” and pointed out that the measure undermines the relationship between the police and the community.

Rosado defended his affirmative vote by referencing his "confidence in the Police Department" and claiming that the scope of the program is more limited than is commonly believed.

Mass citizen protest and testimonies of dissent

During more than five hours of public hearing, dozens of residents, community leaders, teachers, and activists voiced their unanimous opposition to the agreement.

Not a single citizen defended the measure during the session.

The interventions were emotional and forceful.

“You cannot celebrate Haitian flags, our music, or our food, and support the detention of the same people who created them. That is hypocrisy, it is not heritage,” indicated a resident, as reported by the press.

Others spoke of a "state of terror" that could take hold in neighborhoods, generating mistrust towards the authorities.

Teacher Madison Rodríguez shared that many of her students "are afraid to attend classes or leave their homes due to the possibility that their family members may be detained."

Abel Delgado, another resident, lamented that police are being asked to "arrest their neighbors for pursuing the American dream."

Yareliz Méndez Zamora, a young Nicaraguan-American, expressed her dismay: “How is it possible that they are now slapping us in the face?”

"If the commission decides to sign the agreement, don't pretend this is still the Magic City... strip it down. No more coffee shop windows. Close Versalles. Take the roosters out of Little Havana," said Marquis Duncan

State pressure and the legal background

The legal context in Florida does not explicitly require municipal police departments—such as Miami's—to sign these agreements, unlike county sheriffs who manage jails.

However, there is strong pressure from the state.

Governor Ron DeSantis and Attorney General James Uthmeier have threatened sanctions against municipalities that do not cooperate with ICE.

Municipal attorney George Wysong warned about "real consequences" if Miami did not approve the agreement.

Morales was even more direct in stating that there is "a very strong inference that if we do not enter into this agreement, there would certainly be some kind of repercussion."

This situation has been described as a form of coercion by state authorities, subordinating municipal decisions to broader agendas.

Javier Fernández, mayor of South Miami and lawyer, has sued the state for the courts to clarify whether such a legal obligation exists.

He warned that involving local police in immigration tasks could lead to "lawsuits for wrongful detention and pose a significant financial risk."

A potentially devastating impact

The approved agreement could have significant effects on the relationship between the community and law enforcement.

Civil rights advocacy organizations fear that undocumented individuals, or those who have family members in that situation, will refrain from reporting crimes or cooperating as witnesses, thereby undermining public safety.

"My police takes care of me, my police protects me, my police is not there to attack me in the streets or to stop me for a simple ticket or warning and ask me which country I come from, what my race is, or whether I have papers or not. That's not right," stated Bernadette Campos.

Natalia Menocal, however, defended the federal agents: “If we truly care about our officers, as we say, we should remember what ICE agents face in other cities. They are in so much danger that they have started to cover their faces.”

A dilemma of identity for the city of immigrants

The decision strikes a particularly sensitive chord in Miami, where approximately 58% of residents are foreign-born and over 70% identify as Hispanic or Latino.

"Diversity is our superpower", read a sign held by protesters in front of the City Hall.

The former mayor of Key Biscayne, Mike Davey, urged the city to "take the initiative" and resist state pressure: “We must defend ourselves when the state tries to oppress us.”

With this vote, Miami joins other jurisdictions like Doral, Coral Gables, and Homestead, which have already signed 287(g) agreements.

Across the country, more than 700 agencies have adopted the program.

Florida is the state with the highest number of active agreements.

Between the law, fear, and the spirit of the city

The approval of agreement 287(g) in Miami presents a profound dilemma between security, local autonomy, legality, and the foundational values of a city built by immigrants.

While the authorities cite legal, budgetary, or security reasons, the citizens have responded with a clear message: fear cannot be public policy.

As Jonathan Homan summarized in his remarks to the commissioners: “This policy they intend to approve will not protect Americans from violent criminals. Instead, it will unleash them against all of us through Immigration and Customs Enforcement (ICE). If you vote in favor, all of you will be forever dishonored as traitors.”

Frequently Asked Questions about the Miami Agreement with ICE and the 287(g) Program

What is the 287(g) program and how does it affect Miami?

Program 287(g) allows local agents to act as immigration officers after receiving federal training. In Miami, this means that three local officers will be able to interrogate, arrest, and detain individuals suspected of violating immigration law, always under the direct supervision of the U.S. Immigration and Customs Enforcement (ICE).

What are the implications of local police collaboration with ICE in Miami?

The collaboration between local police and ICE under the 287(g) agreement has raised concerns about the erosion of trust between the community and authorities. Civil rights organizations fear that undocumented individuals may refrain from reporting crimes or cooperating as witnesses due to the fear of being detained, which could undermine public safety.

Why was the voting on the agreement in Miami controversial?

The approval of the agreement was controversial because it displayed a clear political division in the city, with a vote of 3 to 2. The chair of the commission, Christine King, and Commissioner Damián Pardo opposed it, arguing that the measure undermines the relationship between the police and the community and creates an atmosphere of fear and repression.

What is Governor Ron DeSantis's stance on immigration in Florida?

Governor Ron DeSantis maintains a strong stance against illegal immigration in Florida. He has promoted the 287(g) program and threatened sanctions against municipalities that do not cooperate with ICE. DeSantis has made it clear that Florida will not be a sanctuary state for undocumented immigrants and has advocated for laws to strengthen deportations and tighten immigration policies.

Filed under:

CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.