South Miami, immigration attorneys push cities to reject partnering with ICE
By Diego Perdomo
September 4, 2025 at 6:28 PM EDT
South Miami Mayor Javier Fernández and immigration attorneys are urging cities across the state to review its policy of having its law enforcement agencies cooperate with federal immigration authorities.
Speaking at a virtual news conference Thursday, Fernández and the attorneys say state officials acknowledged in court last month that municipalities are not obligated under law to sign the so-called 287(g) agreements with U.S. Immigration and Customs Enforcement.
The city of South Miami had filed a lawsuit against the state to clarify whether the agreements are mandatory for municipalities under Florida law. It is mandatory for counties that run jail systems.
During court testimony last month, attorneys representing the state told the judge municipalities are not required by law to enter into the 287(g) agreement.
The agreement deputizes and trains local law enforcement as ICE agents, and gives them authority to carry out federal immigration laws.
No decision has been made in the ongoing court case, but Fernández told reporters Thursday that he and his attorney “felt validated” by the state’s acknowledgement that it's not mandatory for cities to sign.
South Miami Mayor Javier Fernández (150x200, AR: 0.75)
“These admissions should provide a clear relief to cities that have not signed an agreement; cities that have been under extreme, unwarranted, and unlawful pressure,” said Alana Greer, Director at the Community Justice Project, during the press conference.
READ MORE: Miami Police to collaborate with ICE despite state law clarification
Said Tallahassee City Commissioner Jacqueline "Jack" Porter: “Local elected officials are being threatened for even questioning these agreements; we know now that the state itself has admitted that it is not a legal requirement.”
Porter said her city may explore options to withdraw from the agreement with ICE.
Numerous municipalities across the state have joined the partnership under pressure from Gov. Ron DeSantis as the state works closely to help the Trump administration's aggressive deportation efforts.
South Miami is the only Florida city actively to challenge the state position in court that all cities must enter into immigration enforcement agreements with ICE.
The city is not subject to state law requiring law enforcement agencies partner with ICE because they do not operate a jail. All 67 Florida counties have signed on to partner with ICE because they operate jails.
DeSantis and other top state officials have pushed cities, including Fort Myers and Key West to enter into the agreements by threatening to remove city commissioners from office and cut state funding.
Law enforcement agencies, like Tallahassee Police Department, that have active 287(g) agreements, must get approval from the State Board of Immigration Enforcement to terminate their agreements.
South Miami did not enter into a 287(g) agreement. It has rejected state accusations that they are enforcing a sanctuary policy, which is illegal under state law.
As of Sept. 3, Florida law enforcement agencies make about a third of all the active partnerships with ICE during President Donald Trump’s second term.
Speaking at a virtual news conference Thursday, Fernández and the attorneys say state officials acknowledged in court last month that municipalities are not obligated under law to sign the so-called 287(g) agreements with U.S. Immigration and Customs Enforcement.
The city of South Miami had filed a lawsuit against the state to clarify whether the agreements are mandatory for municipalities under Florida law. It is mandatory for counties that run jail systems.
During court testimony last month, attorneys representing the state told the judge municipalities are not required by law to enter into the 287(g) agreement.
The agreement deputizes and trains local law enforcement as ICE agents, and gives them authority to carry out federal immigration laws.
No decision has been made in the ongoing court case, but Fernández told reporters Thursday that he and his attorney “felt validated” by the state’s acknowledgement that it's not mandatory for cities to sign.
South Miami Mayor Javier Fernández (150x200, AR: 0.75)
“These admissions should provide a clear relief to cities that have not signed an agreement; cities that have been under extreme, unwarranted, and unlawful pressure,” said Alana Greer, Director at the Community Justice Project, during the press conference.
READ MORE: Miami Police to collaborate with ICE despite state law clarification
Said Tallahassee City Commissioner Jacqueline "Jack" Porter: “Local elected officials are being threatened for even questioning these agreements; we know now that the state itself has admitted that it is not a legal requirement.”
Porter said her city may explore options to withdraw from the agreement with ICE.
Numerous municipalities across the state have joined the partnership under pressure from Gov. Ron DeSantis as the state works closely to help the Trump administration's aggressive deportation efforts.
South Miami is the only Florida city actively to challenge the state position in court that all cities must enter into immigration enforcement agreements with ICE.
The city is not subject to state law requiring law enforcement agencies partner with ICE because they do not operate a jail. All 67 Florida counties have signed on to partner with ICE because they operate jails.
DeSantis and other top state officials have pushed cities, including Fort Myers and Key West to enter into the agreements by threatening to remove city commissioners from office and cut state funding.
Law enforcement agencies, like Tallahassee Police Department, that have active 287(g) agreements, must get approval from the State Board of Immigration Enforcement to terminate their agreements.
South Miami did not enter into a 287(g) agreement. It has rejected state accusations that they are enforcing a sanctuary policy, which is illegal under state law.
As of Sept. 3, Florida law enforcement agencies make about a third of all the active partnerships with ICE during President Donald Trump’s second term.