The clash between Miami-Dade County Mayor Daniella Levine Cava, immigrants groups, and a federal judge highlights the contentious issue of local versus federal immigration enforcement. Critics argue that the mayor has violated a court settlement that is causing Miami-Dade locals unnecessary imprisonment in the Krome Detention Center. This 2021 settlement, unfamiliar to many, was meant to offer protection to certain undocumented immigrants caught within county jails. It was specifically designed to prevent those who have been victims or witnesses of a crime from being transferred to federal immigration authorities, a provision clearly stated by the state law.
It has been under the county’s administration that the facilities are managed. There is an ongoing dispute and according to U.S. District Court Judge Kathleen Williams, since 2022, the county has not been honoring the said agreement. A failure that could have led to many locals being transferred to the federal jurisdiction and potentially facing deportation. Judge Williams, a President Barack Obama appointee, expressed her dismay, deeming it as ‘gross understatement’ to say she’s disappointed by the Levine Cava administration’s violation of the settlement.
Similarly, the plaintiffs were in agreement. ‘Our local government appears to persist with its efforts in carrying out federal immigration enforcement functions, which we believe is endangering our communities,’ critiqued Oscar Londoño, co-executive director at WeCount!, a prominent non-profit focused on immigration issues, and one of the organizations that filed the original lawsuit.
This lawsuit gains traction amidst political pressure from both President Donald Trump and Governor Ron DeSantis, who have been persuading local leaders to actively participate in identifying and deporting undocumented immigrants. While acknowledging Florida’s heated political climate, Judge Williams insists that this should not justify Miami-Dade’s continuous violation of the legally binding settlement.
The 2018 lawsuit that led to the settlement involved an anonymous plaintiff and two nonprofit organizations- WeCount! and the Florida Immigrant Coalition- who accused Miami-Dade County of holding immigrants on behalf of the federal government during President Trump’s initial term. These immigrants initially came into contact with local police. They argued that these ‘holds’ were unconstitutional as they were kept in custody by the county even after their bail was paid or short sentences served.
According to the complaint, the county was acting beyond its jurisdiction without a warrant or document establishing probable cause, by keeping them in detention. The lawsuit elaborated that previously, the refusal of the county to oblige detention requests cost local taxpayers millions, but this stance changed after threats of withholding federal funds by the Trump administration.
The anonymous plaintiff, a resident of Homestead apprehended for driving without a valid license, was a mother of three US-born children. Andres, her husband, mentioned in 2018 that a minor accident had led to her arrest. Despite paying the bond, she was retained and eventually handed over to ICE.
Years passed with the case being battled out in court. The settlement, unanimously supported by the Miami-Dade County Board with a 13-0 vote, was established in 2021. Remarkably, the approval garnered support from both Democrats and Republicans in the commission, which included Rene Garcia, then chairman of the Miami-Dade Republican Party.
In the initial few months of the settlement’s initiation, numerous Miami-Dade locals, who were victims or witnesses of crimes, were saved from being shipped to ICE custody. The Miami-Dade Public Defender’s Office took the role of communicating with the county jail system, identifying inmates eligible for these protections.
However, despite agreeing to the terms, the county did not fulfil its part of the agreement for long. A sudden halt in responses to protect certain inmates coincided with a statewide grand jury beginning to investigate immigration issues in Florida. The county only remained compliant until July 2022, despite the settlement starting in September 2021.
This apparent glitch in communication and established process set off a long legal duel involving organizations such as the University of Miami’s Immigration Clinic. Attempts to resolve this included 15 different mediation meetings conducted between the immigrant groups and the county since August of last year. The failure to find a solution eventually led to a resignation from special master Chris McAliley, leaving the case to the judge.
During an early April hearing, the judge expressed her annoyance that she was required to intervene once more due to the rising complications. Miriam Haskell, a lawyer from the Community Justice Project representing the immigrants and nonprofits, shared their collective frustration at the county’s actions.
When the county was in compliance with the settlement agreement, approximately nine to twelve cases per month were relieved of ICE holds. Interestingly, Mayor Levine Cava was against the decision of previous Mayor Carlos Gimenez to comply with the ICE detention requests back in 2017. The settlement for the case was signed only after Levine Cava took office in 2020.
The urgency to have the county comply with the agreement has now been intensified due to the increasing attention towards the conditions at Krome Detention Center. Mayor Levine Cava even wrote to Department of Homeland Security Secretary Kristi Noem requesting to visit the facility. She argued that it is crucial to maintain humane conditions for the detained individuals.
Being granted an exemption does not exempt them from pending crime charges or immediate jail release. If they are convicted of a severe crime, they can still face a prison sentence. This state law protection is only to prevent them from being transferred to federal custody because they were a victim or a witness to a crime. As a consequence of the county’s non-compliance, court filings show details of violence and abductions faced by immigrants, sometimes even in their native countries. In the coming week, an order highlighting the county’s violation and the next course of action to ensure compliance is expected.
The post Miami-Dade County’s Immigration Enforcement Under Federal Fire appeared first on Real News Now.
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