The Key West City Commission voted Tuesday night to approve a 287(g) agreement between the city’s Police Department and U.S. Immigration and Customs Enforcement (ICE). The vote was 4-2.

The resolution sponsored by Mayor Danise Henriquez authorizes Key West City Manager Brian Barroso to enter into the agreement to allow the Police Department to receive training and participate in federal immigration operations. The resolution also says that the city “should not adopt or maintain any sanctuary policies” as defined by Florida law. It took effect immediately.

Approval of the resolution came less than a week after Florida Attorney General James Uthmeier warned that the Commission had violated Florida law when it voided an earlier agreement between ICE and the police department on June 30. It came after nearly three hours of public comment, with the vast majority of the public calling on the Commission to stand by its vote to void an earlier agreement between the Police Chief and ICE.

The Commission approved a second resolution expressing support for Haitians with Temporary Protected Status (TPS). TPS protects immigrants from certain countries from deportation and allows them to work legally in the United States. However, Haitians in the United States will lose that protection as of Sept. 2, according to Secretary of Homeland Security Kristi Noem. A spokesperson for DHS has said that the situation in Haiti has improved enough that it is “now safe for Haitian citizens to return home.” That measure passed, 5-1.

A third resolution calling on the city attorney to join in the legal action by the city of South Miami testing the legality of the requirement to enter into a 287(g) agreement was voted down, 4-2.

The vote rescinds earlier vote to void agreement

The immigration vote came eight days after Key West Commissioners voted, 6-1, to void its police department’s previous 287(g) agreement with ICE that had been put into place by the city’s Chief of Police, Sean Brandenburg, on March 4, with City Manager Brian Barroso’s knowledge but not with the approval of City Commissioners.

In his July 2 letter, Uthmeier warned Commissioners to “immediately” reverse last week’s vote.

“Failure to take corrective action will result in the enforcement of all applicable civil and criminal penalties, including removal from office by the Governor pursuant to section 908.107, Florida Statutes, and the Florida Constitution,” he wrote.

Members of the public spoke out against the proposed agreement, with many saying that it was worth taking a stand that could result in the loss of their jobs on the Commission.

“I believe your stance against this evil spreading across our nation is exactly what you were called to do,” said resident Kirby Myers.

“Because 30 years from now, most of us will not be here. But our children will. And our grandchildren will. And when they look back at this night, it could be a defining moment in our history. They will either look back at our local leaders here tonight who had an opportunity to spread a light across this nation and create a model for others to follow, and fight. And stand. And look the bullies in the eye with unity and unwavering conviction. Or they’ll look back and recall a moment that faded, as we cowered in fear, and allowed those who rule by intimidation and violence to, once again, walk all over those without a voice.

“I know you are scared — scared to lose your positions. Scared of the retributions. Scared of the rhetoric and the hate being spread on social media and the vile attacks against our communities. But if you don’t take this stance tonight, who will?”

Commissioner Monica Haskell was not in town during the meeting, but participated via Zoom. Before public comment began, she blasted the Mayor’s decision to hold the meeting without all members present.

“The city’s expert legal counsel has confirmed that we are in a strong position by doing nothing. We haven’t entered or supported an agreement. There’s no legal liability, so why panic? The Mayor scheduled this meeting prior to discussing the legal options with the attorneys. Why not wait for the courts to decide whether the 287(g) agreement is mandatory or voluntary?

“Florida law does not require cities to sign 287(g). It only applies to sheriffs. Our Police Chief signed that agreement without public input or Commission approval. That’s a problem. And we were right to recognize it as void. If the Mayor’s resolution is approved, which I do not support to enter into the 287(g) agreement, then at least let’s fight in court alongside South Miami.

“But make no mistake, that entering into the 287(g) is the worst option for our community. Key West depends on tourism. We depend on trust. Turning our police into ICE agents erodes both. This isn’t about politics, it’s about public safety and economic survival.”

Commissioner Haskell proposed to postpone the decision until the city of South Miami’s legal challenge is adjudicated, but that amendment was rejected by the majority of the Commission.

Commissioner Samuel Kaufman, who supported ending the agreement on June 30, was out of town and didn’t attend the meeting.

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Mitch Perry reporting. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].

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