Authorize Miami Police to perform immigration enforcement functions under ICE agreement

AGENDA ITEM SUMMARY FORM File ID: #17407 Date: 03/27/2025 Requesting Department: Department of Police Commission Meeting Date: 06/17/2025 Sponsored By: District Impacted: All Type: Resolution Subject: Execute Memorandum of Agrmnt - United States ICE - Dept of Homeland Security DHS Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a Memorandum of Agreement with the United States Immigration and Customs Enforcement/Department of Homeland Security, in substantially the attached form, giving the Miami Police Department (“MPD”) authorization to perform certain immigration enforcement functions; further authorizing the City Manager to designate the Chief of Police to execute any and all other necessary documents, all in forms acceptable to the City Attorney, in order to implement and administration of, and compliance with, said Memorandum of Agreement. Background of Item: United States Immigration and Customs Enforcement (“ICE”)/Department of Homeland Security (“DHS”) and the City of Miami (“City”) desire to enter into a Memorandum of Agreement authorizing the participation of Miami Police Department’s (“MPD”) sworn members on the 287(g) Task Force Model. Under Section 287(g) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-276, authorizes the Secretary of Homeland Security, or her designee, to enter into written agreements with a State of any political subdivision of a State so that qualified officers and employees can perform certain functions of an immigration officer. Entering into this agreement also brings the City of Miami into compliance with the requirements of F.S. 908.103. In order for Miami Police Department’s sworn members to administer immigration-related duties, they must successfully complete mandatory training on relevant administrative, legal, and operational issues tailored to the immigration enforcement functions to be performed as provided by ICE instructors and pass examinations equivalent to those given to ICE officers. Only MPD members who are nominated, trained, certified, and authorized have the authority pursuant to this Memorandum of Agreement (“MOA”) to conduct the delegated immigration officer functions, under ICE direction and supervision. The City is responsible for personnel expenses, including, but not limited to, salaries and benefits, local transportation, and official issue material used in the execution of MPD’s mission. ICE is responsible for the costs of MPD’s personnel travel expenses while in a training status, to include housing, per diem and all transportation costs associated with getting to and from training. This MOA becomes effective upon signature of both parties and will remain in effect until either party terminates or suspends the MOA. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $0.00 Reviewed By Department of Police Jorge Blanco Initial Police Review Completed 04/03/2025 9:50 AM Department of Police Manuel Morales Department Head Review Completed 04/08/2025 10:31 AM Office of Management and Budget Luis Hernandez-Torres Budget Analyst Review Completed 04/08/2025 10:57 AM Office of Management and Budget Marie Gouin Budget Review Completed 04/08/2025 1:41 PM City Manager’s Office Arthur Noriega V City Manager Review Completed 04/09/2025 11:48 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 04/09/2025 3:26 PM Office of the City Attorney Juan Carlos Perez ACA Review Completed 04/14/2025 3:27 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 04/15/2025 2:39 PM City Commission Teri Samuels Meeting Completed 04/24/2025 9:00 AM City Commission Nicole Ewan Meeting Completed 06/12/2025 9:00 AM City Commission Todd B. Hannon Meeting Pending 06/17/2025 9:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17407 Final Action Date: MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), IN SUBSTANTIALLY THE ATTACHED FORM, GIVING DESIGNATED SWORN MEMBERS OF THE MIAMI POLICE DEPARTMENT (“MPD”) AUTHORIZATION TO PERFORM CERTAIN IMMIGRATION ENFORCEMENT FUNCTIONS; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT AND ADMINISTRATION OF, AND COMPLIANCE WITH, SAID MEMORANDUM OF AGREEMENT. WHEREAS, United States Department of Homeland Security (“DHS”), Immigration and Customs Enforcement (“ICE”) and the City of Miami (“City”) desire to enter into a Memorandum of Agreement (“MOA”) authorizing designated sworn members of the Miami Police Department (“MPD”) to participate in a Section 287(g) Task Force; and WHEREAS, Section 287(g) of the Immigration and Nationality Act, codified in Title 8 U.S.C. §1357(g), as amended, by the Homeland Security Act of 2002, Public Law 107-276, authorizes the Secretary of Homeland Security, or her designee, to enter into written agreements with a state, or any political subdivision of a state, so that qualified officers and employees can perform certain functions of an immigration officer; and WHEREAS, on February 13, 2025, Governor Ron DeSantis signed two immigration bills (Florida Senate Bills Nos. 2-C and 4-C) into law which became effective immediately and the Florida Department of Law Enforcement (FDLE) authorized state law enforcement agencies to enter into 287(g) agreements providing for state and local law enforcement officers to be trained and approved by ICE to perform immigration enforcement duties; and WHEREAS, in order for designated sworn members of MPD to administer immigration-related duties, they must successfully complete mandatory training on relevant administrative, legal, and operational issues tailored to the immigration enforcement functions to be performed as provided by ICE instructors and pass examinations equivalent to those given to ICE officers; and WHEREAS, only designated MPD members that are nominated, trained, certified, and authorized will have the authority pursuant to this MOA to conduct the delegated immigration officer functions, under ICE’s direction and supervision; and WHEREAS, the City will be responsible for personnel expenses, including, but not limited to, salaries and benefits, local transportation, and official issue material used in the execution of MPD’s mission; and WHEREAS, ICE is responsible for the costs of MPD’s personnel travel expenses while training, to include housing, per diems, and all transportation costs associated with getting to and from training; and WHEREAS, this MOA becomes effective upon signature of both parties and will remain in effect until either party terminates or suspends the MOA;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized1 to execute a MOA between the City and the United States Department of Homeland Security, Immigration and Customs Enforcement, in substantially the attached form, giving designated sworn members of the MPD authorization to perform certain immigration enforcement functions. Section 3. The City Manager is further authorized1 to designate the Chief of Police to execute any and all other necessary documents, all in forms acceptable to the City Attorney, in order to implement and administration of, and compliance with, said Memorandum of Agreement. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions.