Miami could undo ICE agreement, mayor says. Commissioners don't plan to vote on it

MIAMI — Dozens of people poured into Miami City Hall last summer to urge commissioners to vote against an immigration enforcement agreement with ICE, warning that partnering with the federal agency could jeopardize the wellbeing of residents in Miami, a “city of immigrants.”

Despite public outcry, the commission voted 3-2 in June to sign what’s called a 287(g) agreement, allowing Miami police officers to be trained to carry out immigration enforcement functions under the direct supervision of ICE. Now, the city finds itself in a position where it could — if it wanted to — undo its partnership with the agency.

All it would take is a vote of the City Commission, according to Mayor Eileen Higgins, a Democrat who defeated a Trump-backed candidate in December.

Higgins is starting her time in office at a moment when the national climate on immigration has reached a fever pitch following the killings of Renee Good and Alex Pretti at the hands of federal immigration agents in Minneapolis, and also the detainment of a 5-year-old boy wearing a Spider-Man backpack and bunny hat that stirred outrage. On the local level, tens of thousands of people in South Florida faced an immediate threat of deportation just last week after the Department of Homeland Security terminated Temporary Protected Status for Haitians. A federal judge has paused the DHS order.

While other U.S. cities have been the sites of large-scale ICE raids, Higgins said Miami has not been immune from enforcement and that ICE “has been here all year long.”

“Their tactics may seem quieter than they seemed in Minneapolis, but they’re just as devastating on the families’ lives that they’re ruining,” she said in a recent interview with the Miami Herald.

The makeup of the City Commission has changed in recent weeks following the December election, with three out of five of the current city commissioners having expressed opposition to 287(g). Higgins, who doesn’t have a vote on the commission but does have veto power, said she would green-light legislation undoing the ICE agreement if the commission were to approve it.

“I would happily sign it,” Higgins said.

Yet, even though the mayor can sponsor legislation, Higgins said she won’t be bringing forward a proposal to undo 287(g), saying the ball is in commissioners’ court.

“That’s their choice,” Higgins said. “They have to do that. They have to take the initiative. They voted for it. They have to undo it.”

But the specter of political consequences has officials in Miami feeling gun-shy about taking a public stance that could incite the wrath of the state and federal governments. So far, none of Miami’s five commissioners say they are planning to call for a vote to exit 287(g). A couple commissioners explained their hesitation by pointing to the city of Key West, where officials were threatened by the Florida attorney general with removal from office after they voted to void their 287(g) agreement.

One of those Key West commissioners, Samuel Kaufman, told the Herald that Florida cities shouldn’t be afraid of poking the bear.

“The bear is rabid and out and creating terror in our community, so we have to put the bear back in the cage,” Kaufman said in an interview.

After the attorney general issued his warning, Key West officials voted to reenter the 287(g) agreement. But Kaufman said he would like for the courts to clarify whether the state legitimately has the authority to remove elected officials from office in such a scenario.

“What the attorney general did in instilling fear in my colleagues, it worked. The attorney general was successful, and it’s very unfortunate,” Kaufman said. “Because public policy should not be driven by fear.”

‘A very hard decision’

City Attorney George Wysong had cautioned last summer that “there could be real consequences” to commissioners voting against the agreement, referring to repercussions at the state and federal level. That included the potential of losing millions of dollars in funding, Wysong said.

But a lawsuit filed by the city of South Miami — which was still ongoing at the time of the Miami commission vote in June — raised questions about whether Miami needed to sign an ICE agreement at all.

South Miami had sued Gov. Ron DeSantis and Florida Attorney General James Uthmeier, seeking clarity on whether it was mandatory for local governments to enroll in 287(g). A judge dismissed the lawsuit, but the state conceded during oral arguments that there was a difference between “an action that impedes, versus inaction.” In other words, cities in Florida aren’t necessarily required to sign a 287(g) agreement, but they can’t take a stand against it.

“They basically confirmed there was no mandate,” South Miami Mayor Javier Fernández said in a brief interview this week.

For reasons that are still unclear, the city administration in Miami seemingly felt a sense of urgency to vote on the ICE agreement in June, despite the fact that the South Miami lawsuit was still active and several other Miami-Dade cities had not — and still haven’t — signed a 287(g) agreement.

The June vote fell along party lines: Commissioners Christine King and Damian Pardo, both Democrats, voted against signing the agreement. Commissioners Ralph Rosado, Miguel Angel Gabela and Joe Carollo — all Republicans — voted in favor of partnering with ICE.

But things have changed since then. Carollo has since been replaced by political newcomer Rolando Escalona, a Republican who immigrated to the U.S. from Cuba about a decade ago.

In an interview with the Herald, Escalona, whose district includes Little Havana, said he is in favor of strong borders and believes everyone should follow the law. However, Escalona said he does “not agree” with 287(g) and that he would consider voting to cancel the agreement if another commissioner were to bring the item forward. He said he would need more information from the city attorney about potential consequences before doing so.

Escalona pointed to the detainment of 5-year-old Liam Conejo Ramos, which sparked outrage across the country.

“It really, really broke my heart,” Escalona said, adding: “That could be me just a couple of years ago. So it’s hard. It’s a very hard decision.”

To date, Police Chief Manuel Morales said just three Miami police officers have been trained under 287(g) and that none have been called on to assist in immigration enforcement operations. Higgins told the Herald that under her watch, no additional Miami police officers beyond the initial three will be trained under 287(g).

That’s a fraction compared to the 334 county sheriff’s deputies who’ve been trained under 287(g), according to a Miami-Dade Sheriff’s Office spokesperson. That agency, headed by Sheriff Rosie Cordero-Stutz, said last week that, “No deputies from MDSO have been called on for deportation operations.”

In the 2024 sheriff’s race, Cordero-Stutz, a Republican endorsed by Trump, defeated Democratic nominee James Reyes, whom Higgins recently tapped as Miami city manager.

Speaking to reporters shortly after the City Commission voted to appoint him last month, Reyes said the city would be “evaluating” the 287(g) agreement it signed last year. But it’s unclear whether the administration can conduct such an analysis without first getting commission approval.

Escalona and Pardo both said they would support an analysis of the 287(g) agreement, although neither has plans to bring a proposal forward at this time.

While Pardo voted against 287(g) in the summer, he said that undoing the agreement “is a different story. It is complicated. It’s just thorny.” He added that he is “not aware of a clear legal path to overturn 287(g).”

“I’m not in favor of putting the city at risk,” Pardo added.

King joined Pardo in voting against 287(g) in June. Her support would most likely be needed to pass legislation analyzing or undoing the 287(g) agreement. Asked now whether she would support such legislation, King declined to comment, saying through a spokesperson that: “We don’t have any feedback for you at this time but thanks for connecting.”

Gabela said his position hasn’t changed since the June vote when he voted in favor of 287(g). He said it’s his understanding that taking a stand against the ICE partnership could put the city at odds with Florida’s sanctuary city law, potentially jeopardizing federal funding to the city.

After an initial phone interview with the Herald, Gabela called back to emphasize that while criminals who have “committed acts of violence” should be prosecuted to the “full extent of the law,” he was sympathetic to the plight of law-abiding immigrants seeking a better life for themselves and their family. He himself was an immigrant, having moved to the U.S. from Cuba as a young child.

“I have a heart. ... I was a refugee once upon a time, and this country took us in,” Gabela said.

Commissioner Rosado is the only elected official who did not respond to a request for comment on the matter.

Regardless of whether the city terminates its agreement with ICE, Higgins said the consequences of the current immigration crackdown under Trump will have lasting effects in South Florida.

“I think when we’re able to finally count the numbers ... I guarantee you, in our community, more people have been affected by ICE deportations and removals than in these other cities,” she said.