The mayor of the only Florida city to challenge Gov. Ron DeSantis’ insistence that local police sign an agreement with federal authorities worries such cooperation could put his city in financial jeopardy.
“I’m on the hook for the liability,” said South Miami Mayor Javier Fernandez. He explained that he's "buying exposure” if he is forced to have his police sign onto the Immigration and Customs Enforcement agency’s 287(g) program.
Instead of joining the program, South Miami is waiting for a judge’s opinion if it is required to sign up under the new state immigration enforcement law.
“As a fiduciary to my little small government, the first question is, ‘Why would I ever do this from a business perspective?’” Fernandez said during an immigration town hall last week moderated by WLRN.
Fernandez acknowledged his “moral reservations” to the partnership, but worried having South Miami police perform some federal immigration enforcement duties would broaden the police responsibilities beyond their local duties.
“ When you put the policy issue aside, it makes no sense. I'm expanding my service mission to help a federal agency. In the event there's a civil rights action that's filed against my jurisdiction, I'm on the hook for the liability,” he said.
The city's approved budget spends $135,000 on liability insurance for its police department.
Fernandez said his city’s police officers share information if requested by federal authorities, but are not performing further duties.
“If we're asked to provide support, I think we do have a legal duty to do that on the statute as it's drafted today,” he said. “Deputizing our officers for this function is not something that we've chosen to do at this point.”
READ MORE: Florida leads nation with nearly 100 police partnerships with ICE to deport undocumented
Florida Attorney General James Uthmeier has argued that cities not signing an agreement with ICE violates the state’s ban on so-called sanctuary cities. He threatened to remove three members of the Fort Myers city council who voted against participating in the ICE program. Three days later, the city council voted unanimously in favor of joining the enforcement program.
"Deputizing our officers for this function is not something that we've chosen to do at this point."South Miami Mayor Javier Fernandez
Almost 250 police agencies across Florida have signed an agreement for one of the three options under the 287(g) program. Most departments have agreed to the Task Force Model, which is the most expansive cooperation between local police and federal immigration enforcement authorities.
ICE refers to its task force agreements with local police as “a force multiplier for law enforcement agencies.” Local police have some immigration authority during routine policing under the oversight of ICE.
Thirteen Florida sheriff's offices recently worked with ICE for its Operation Tidal Wave. Over six days, 1,120 people were arrested, including 387 ICE said have had final deportation orders issued.
Sheriff’s offices in all 67 counties in Florida have signed agreements with ICE since the state enacted a new immigration enforcement law which requires sheriff departments running county jails to do so. Dozens of local police departments in Florida that do not operate jails have signed onto ICE’s 287(g) program. South Miami does not operate a jail.
Fernandez said he thinks the South Miami commission would vote to join ICE if a judge determines it is required to under state law. But he's confident it won't face that vote.
"I think it's a very black and white issue. I think the statute reads very clearly, and I don't think we're captured within the scope of it," he said.
The lawsuit is pending in Leon County.
