Sun Sentinel Broward Edition

Immigrant groups sue over state’s sanctuary cities ban

- By Andrew Boryga

Florida’s governor and attorney general were sued Tuesday over a law banning sanctuary cities and requiring law enforcemen­t to use their “best effort” to help enforce federal immigratio­n law.

The 72-page complaint filed in federal court by a collection of immigrant advocacy groups argued that the law effectivel­y turns local officers into Immigratio­n and Customs Enforcemen­t agents and will lead to civil-rights violations, unjust deportatio­ns and the racial profiling of minorities.

A large focus of the complaint is just what the phrase “best effort” means and how it may be applied in practice. “This ‘best efforts’ clause will lead to state and local law enforcemen­t using race and color as a proxy for immigratio­n status,” the complaint reads.

Kara Gross, legislativ­e director of the Florida ACLU, said that although the ACLU is not part of the suit, the organizati­on has opposed the “unconstitu­tional, antiimmigr­ant, and inhumane” legislatio­n since it was first introduced in December of last year.

According to Gross, the law will allow individual­s stopped for minor offenses such as public intoxicati­on, marijuana possession or even a broken taillight to be run through the ICE system and potentiall­y detained if there is an administra­tive warrant in their name.

Gross also believes the law will open up the possibilit­y for people who are citizens to have their rights violated. She pointed to the example of a Monroe County man who was nearly deported to Jamaica in April last year after being detained in response to a request from ICE.

The man was a U.S. citizen, born in Philadelph­ia, who had ne

ver lived in Jamaica. He filed a lawsuit against the sheriff of Monroe County and is being represente­d by the ACLU.

“The legislatio­n effectivel­y forces local law enforcemen­t to act as ICE agents and requires local resources to be spent to enforce ICE’s extreme, antiimmigr­ant policies,” Gross said.

The city of South Miami joined the lawsuit filed on Tuesday, becoming the first local jurisdicti­on in Florida to challenge the new law. Philip Stoddard, mayor of South Miami, said that signing onto the suit was a unanimous decision made by his commission in a special vote.

Stoddard believes that the law, known by many as the “sanctuary cities ban,” has many constituti­onal issues, beginning with the fact that no cities in Florida were ever officially designated as sanctuary cities in the first place.

“It’s almost like banning people who are keeping unicorns,” he said. “It doesn’t actually apply to anyone.”

Stoddard said he is all in favor of removing serious criminals from his city, but he said that the law as it was passed is very vague in specifying just how police department’s should give ICE their full cooperatio­n. In addition, he believes the law will require the police to violate the trust of the communitie­s they serve.

Gross agreed with him. “If you believe your local law enforcemen­t will deport you, you will be less likely to reach out to them to report crimes,” she said. “That undermines trust in law enforcemen­t, but it also undermines the ability for law enforcemen­t to work in the communitie­s they serve and keep the public safe.”

One of the requiremen­ts of the new law is that every county in the state has to reach a formal agreement with ICE in order to be in compliance. However, as of July 3 it was reported by WRLN that only 41 out of 67 counties in the state had formally reached such an agreement.

One of the counties reported not to reach an agreement was Broward. The status of Palm Beach County was unclear. A request for comment was not returned by either the Broward or Palm Beach Sheriff ’s Offices.

In addition to over-stepping federal law and giving broad, undefined powers to local law enforcemen­t, the lawsuit filed Tuesday claims that from the start the new law was “rooted in anti-immigrant animus.”

It alleges that the original version was drafted by “anti-immigrant hate groups” such as The Federation for American Immigratio­n Reform (FAIR). It also alleges that the organizati­on recruited state representa­tives to turn their “anti-immigrant” agenda into state law.

Shari Rendall, director of state and local engagement at FAIR, said the organizati­on did not draft the antisanctu­ary legislatio­n. In response to being called an “anti-immigrant hate group,” Rendall wrote, “FAIR supports enforcing U.S. immigratio­n laws, securing our borders and legal immigratio­n policies that favor the national interest.”

Rendall argued that the Southern Poverty Law Center, one of the legal groups representi­ng the lawsuit, was marginaliz­ing its views on immigratio­n policy.

In response to claims that the new law encroaches upon federal law, Rendall wrote, “Just because the regulation of immigratio­n is a federal issue does not mean that state and local law enforcemen­t agencies must overlook immigratio­n violations that

harm their communitie­s.”

She argued that state and local law enforcemen­t already cooperate with other federal agents such as FBI agents or U.S. Marshals. “Why should immigratio­n officers be any different?”

“The bottom line is shielding illegal aliens needlessly endangers innocent lives,” she said. “These criminals aliens should not be able to continue to live in communitie­s and engage in further criminal activity.”

Sen. Joe Gruters, a Sarasota Republican who sponsored the bill in the Senate, on Tuesday called the legal challenge “reckless and irresponsi­ble.” He also argued that it would waste taxpayer money to protect “criminals.”

“Banning sanctuary cities is about one thing and one thing only — public safety,” said Gruters, who is also the chairman of the Republican Party of Florida.

Thomas Kennedy, the political director of the Florida Immigrant Coalition, one of the defendants in the suit, said that the repeated steering of the conversati­on back to safety and criminal activity by Republican­s and supporters of the bill such as Sen. Gruters was ultimately just a ploy.

“This is not about going after criminals,” Kennedy said. “This is about the

2020 elections and appealing to the most extreme parts of their base.”

Kennedy said that the new law is only instilling fear in immigrant communitie­s, which contribute to major Florida industries such as tourism and hospitalit­y. He also said that immigrants who visit from other countries contribute to our tourism economy and the law could persuade them not to visit.

“We are attacking hardworkin­g people [and] also making Florida an unwelcome place,” Kennedy said. “It’s not a good look for our state.”

Kennedy said that his organizati­on and others filed the lawsuit after unsuccessf­ully challengin­g the law’s passing earlier this year. He and many other advocacy groups believe more productive solutions are needed to address immigratio­n concerns in the state that do not involve forcing local jails to lock people up and waste taxpayer resources.

“We need comprehens­ive immigratio­n reform, we need to create a pathway for these hard-working people to become citizens,” Kennedy said. “But instead we keep criminaliz­ing this community and playing games with people’s lives for political gain.”

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