SOUTH MIAMI, Fla. – Gov. Ron DeSantis’s administration asked a judge Friday to dismiss a lawsuit by the city of South Miami challenging having to deputize police officers to enforce immigration law.
In a 35-page motion to dismiss the case in Leon County, the state claimed that the city’s “failure” to join the Immigration and Customs Enforcement‘s 287(g) program “can indeed reveal a sanctuary policy.”
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The motion also claims that the state’s sanctuary-policy law comes with “obligations” and South Miami Mayor Javier Fernandez had no standing to file the lawsuit against DeSantis and Florida Attorney General James Uthmeier.
Since Florida expanded the law known as Chapter 908 to require local police to execute 287(g) agreements, the question remained on whether or not the city’s refusal equated to a banned “sanctuary” policy.
In the motion, the state argued that “a municipality’s failure to execute a 287(g) agreement can no doubt expose a forbidden sanctuary policy.”
In the lawsuit, Fernandez claimed the city’s police officers do cooperate with ICE by sharing information and could not afford the liability that comes with federal law enforcement duties.
The state claimed Fernandez was speculating about “possible future injury” and raising “vague” fears and argued that the city is “not entitled to the relief requested.”
Local 10 News This Week In South Florida Anchor Glenna Milberg contributed to this report.