City of South Miami v. DeSantis
| Decision Date | 21 September 2021 |
| Docket Number | Case No. 19-cv-22927-BLOOM/Louis |
| Parties | CITY OF SOUTH MIAMI, et al., Plaintiffs, v. Ron DESANTIS, et al., Defendants. |
| Court | U.S. District Court — Southern District of Florida |
Alana J. Greer, Florida Legal Services, Inc., Mich Gonzalez, Michelle P. Gonzalez, Pro Hac Vice, Paul R. Chavez, Pro Hac Vice, Victoria Mesa-Estrada, Anne Janet Hernandez Anderson, Southern Poverty Law Center, Miriam Fahsi Haskell, Community Justice Project, Miami, FL, Rebecca Ann Sharpless, Caroline Bettinger-Lopez, Pro Hac Vice, University of Miami School of Law, Coral Gables, FL, Robert Kieran Dwyer, Florida Institutional Legal Services, Newberry, FL, for Plaintiffs City of South Miami, Florida Immigrant Coalition, Inc., Farmworker Association of Florida, Inc., WeCount!, Inc., Americans for Immigrant Justice, Inc., The Guatemalan-Maya Center, Inc., Hope Community Center, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.
Alana J. Greer, Florida Legal Services, Inc., Mich Gonzalez, Michelle P. Gonzalez, Pro Hac Vice, Paul R. Chavez, Victoria Mesa-Estrada, Anne Janet Hernandez Anderson, Southern Poverty Law Center, Miriam Fahsi Haskell, Community Justice Project, Miami, FL, Rebecca Ann Sharpless, Caroline Bettinger-Lopez, Pro Hac Vice, University of Miami School of Law, Coral Gables, FL, Robert Kieran Dwyer, Florida Institutional Legal Services, Newberry, FL, for Plaintiff Family Action Network Movement, Inc.
Alana J. Greer, Florida Legal Services, Inc., Mich Gonzalez, Michelle P. Gonzalez, Pro Hac Vice, Paul R. Chavez, Pro Hac Vice, Victoria Mesa-Estrada, Anne Janet Hernandez Anderson, Southern Poverty Law Center, Miriam Fahsi Haskell, Community Justice Project, Miami, FL, Rebecca Ann Sharpless, Caroline Bettinger-Lopez, Pro Hac Vice, University of Miami School of Law, Coral Gables, FL, for Plaintiff QLatinx.
Robert Kieran Dwyer, Florida Institutional Legal Services, Newberry, FL, Miriam Fahsi Haskell, Community Justice Project, Victoria Mesa-Estrada, Anne Janet Hernandez Anderson, Southern Poverty Law Center, Miami, FL, Rebecca Ann Sharpless, University of Miami School of Law, Coral Gables, FL, for Plaintiff Philip K. Stoddard.
James Percival, Karen Ann Brodeen, Anita J. Patel, Office of the Attorney General State of Florida, Colleen Maher Ernst, Tallahassee, FL, for Defendant Ron Desantis.
James Percival, Karen Ann Brodeen, Anita J. Patel, Elizabeth Ann Teegen, Barbara Jean Throne, Office of the Attorney General State of Florida, Tallahassee, FL, for Defendant Ashley Moody.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
THIS CAUSE is before the Court following a six-day bench trial held on January 4-7, 11, and 14, 2021. See ECF Nos. [184], [186], [187], [188], [189], & [190]. Pursuant to this Court's Order, ECF No. [105], the parties submitted proposed findings of fact and conclusions of law in advance of the bench trial. See ECF No. [160] (Defendants’1 Proposed Findings of Fact and Conclusions of Law); ECF No. [162] (Plaintiffs’2 Proposed Findings of Fact and Conclusions of Law). The Court has carefully considered the evidence and testimony presented at trial, the parties’ respective submissions, the record in this case, the applicable law, and is otherwise fully advised. Accordingly, the Court sets forth the following findings of fact and conclusions of law.
On May 2, 2019, the Florida Legislature passed Senate Bill 168 ("SB 168"), which aimed to further the State of Florida's interest in "cooperat[ing] and assist[ing] the federal government in the enforcement of federal immigration laws within this state." Fla. Stat. § 908.101 (2019). On June 14, 2019, Governor DeSantis signed SB 168 into law and it was enacted as Chapter 908, Florida Statutes. See Fla. Stat. Ch. 908 (2019).
This action concerns the following provisions of SB 168:
Detainer Mandate. Section 908.105 requires state and local law enforcement agencies to comply with immigration detainers3 received from federal immigration authorities and sets forth the duties of these law enforcement agencies as they relate to immigration detainers. See Fla. Stat. § 908.105 ("Detainer Mandate").
Fla. Stat. § 908.104(4) ("Transport Requirement").
Cost Reimbursement. Section 908.106 requires county correctional facilities to enter into agreements with the federal government for the reimbursement of costs incurred pursuant to honoring immigration detainer requests. See Fla. Stat. § 908.106 ("Cost Reimbursement").
Best Efforts Provision. In requiring cooperation with federal immigration enforcement efforts, § 908.104(1) applies to law enforcement agencies or "an official, representative, agent, or employee of the entity or agency only when he or she is acting within the scope of his or her official duties or within the scope of his or her employment," and mandates that they "use best efforts to support the enforcement of federal immigration law." Fla. Stat. § 908.104(1) ("Best Efforts Provision").
Fla. Stat. § 908.102(6) ("Sanctuary Definition").
Based on SB 168's Sanctuary Definition, § 908.103 states that "[a] state entity, law enforcement agency, or local governmental entity may not adopt or have in effect a sanctuary policy." Fla. Stat. § 908.103 ("Sanctuary Prohibition"). The Sanctuary Definition and the Sanctuary Prohibition will be collectively referred to as the "Sanctuary Provisions."
Enforcement Provision. Section 908.107 sets forth the authority of the Governor and the Attorney General to enforce SB 168 should state or local officers or agencies fail to comply with the immigration enforcement efforts in Chapter 908. See Fla. Stat. § 908.107 ("Enforcement Provision"). Specifically, this provision states:
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