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Florida City Seeks Legal Guidance on State Immigration Law


The city of South Miami is seeking a legal opinion on whether its police department is required to question and arrest immigrants in the country illegally on behalf of the federal government. This move comes after Attorney General James Uthmeier warned that cities not participating in the ICE 287(g) program could face penalties. South Miami Mayor Javier Fernandez stated that the city wants to operate within the rule of law and is seeking clarification on its obligations.

The decision to involve the courts came after Uthmeier’s letter to Fort Myers city officials, accusing them of violating a Florida law banning sanctuary cities. Many Florida cities have joined the ICE program to assist in federal immigration enforcement efforts, but others, like South Miami, are hesitant due to concerns about risk exposure, insurance coverage, and labor agreements.

Fernandez believes that the city should not be obligated to join the program but is willing to abide by any court decision. The mayor emphasized the importance of operating within the boundaries of the law and expressed concerns about the political pressures surrounding the issue. South Miami’s approach highlights the challenges faced by cities navigating state mandates and federal immigration enforcement policies in a politically charged climate.

The city has not yet formally presented the question to a judge but is actively exploring its options. The outcome of this legal action could have significant implications for cities across Florida grappling with similar issues. Despite the potential consequences, South Miami is determined to seek clarity on its legal obligations and operate within the framework of the law.

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