A capacity crowd filed out of City Hall shortly before 9 p.m. on July 8, their palpable hope and optimism from the prior three hours replaced with disgust and disappointment, after the city commission voted 4-2 to enter into an agreement between Key West Police Department and federal ICE agents to conduct immigration enforcement.
The commission could have postponed its decision on the so-called 287(g) agreement and awaited a legal determination by the courts about whether it is mandatory for city, or municipal, police departments to enter such agreements.
The pending lawsuit, filed by the City of South Miami against the state of Florida and Gov. Ron DeSantis, claims local law enforcement agencies are not obligated to sign such agreements, according to Florida Statutes. That South Miami case is still making its way through the courts and commissioner Monica Haskell on Tuesday proposed postponing their vote until it is decided. Commissioner Mary Lou Hoover agreed, as did commissioner Sam Kaufman, although he was absent from the meeting and could not vote. But four other local lawmakers — commissioners Lissette Carey, Aaron Castillo and Donie Lee and Mayor Dee Dee Henriquez — instead voted to direct the city manager to enter into the ICE agreement.
In explaining his vote, Commissioner Lee recalled his time as police chief, when the city occasionally sought an attorney general’s opinion to clarify a law.
“There were times I didn’t agree with the law, but still had to follow it,” Lee said. “The current Florida attorney general has opined that the statute requires municipal police departments to enter into 287(g) agreements, so until the courts rule on South Miami’s case, I will vote tonight with my head and not my heart and move to approve the agreement….”
The vote was seen by the more than 200 residents who filled city hall to capacity — the commission chambers and two additional conference rooms — as cowardice and capitulation to political pressure and threats from the Florida attorney general that the police chief and other officials could be removed from office for refusing to sign an agreement.
“The country is watching and I’m tired of being ashamed of being a Florida resident,” one of the 30-plus speakers told the commission during the meeting. “I’d like to be proud of where I live and of the people who represent me.”
The nation had been watching Key West since the city’s June 30 vote that determined its prior 287(g) agreement was void because it was signed by the police chief and not the city manager. The commission voted 6-1 on June 30 to consider that agreement void with Carey as the lone dissenting vote. National news stories followed, putting Key West in the spotlight as the tiny island opposed its state officials.
Resident Daria Wood told the commissioners, “A mandatory agreement? That’s literally an oxymoron. Silence, overriding and coercion? That’s not democracy, commissioners; that’s dictatorship. … The governor and attorney general want to fire you, but they didn’t hire you; we did.”
After hearing three hours of emotional input from more than 40 residents who opposed the ICE agreement — and just two who supported it — the commission voted 4-2 to direct the city manager to sign a 287(g) pact with ICE.
Haskell and Hoover voted against the agreement, wanting instead to wait for the legal determination about whether the agreements are mandatory for city police departments. There is no doubt that county sheriff’s offices must sign such agreements, as they operate county jails, and the Monroe County Sheriff’s Office is in compliance.
Kaufman was out of the country and absent from the special meeting, which was scheduled on July 2, two days after the commission had voted on June 30 to designate the 287(g) agreement, which had been signed by the Key West police chief, as void. July 2 was also the day the city received a letter from Florida Attorney General James Uthmeier claiming the city was violating the law and threatening to remove officials from office if they did not sign an agreement.
Henriquez told the Keys Weekly on July 7 that her vote on June 30 to view the 287(g) agreement as void was only done because the agreement had been signed by the police chief, and not the city manager, and was therefore invalid. “I’m not caving when I vote for the agreement at tomorrow’s meeting,” Henriquez said. “Because if it would have been signed by the city manager in the first place, I would have absolutely voted to keep it in place and to ensure the city of Key West is in compliance with state and federal laws.”
Henriquez added that she was disgusted by many of the social media comments she had been seeing and said, “I am sick and tired of this city being legislated via Facebook.”
Though absent from the hastily scheduled meeting, Kaufman submitted a letter that was read into the record at the start of the meeting. It states in part:
“I am out of the country on a long-planned family trip, but this meeting — one of the most important we’ve faced — was scheduled without checking if all commissioners could attend. That’s not just disrespectful; it’s unacceptable. … Why? How was this date chosen? Was there any discussion? Any transparency? Or is this another behind-closed-doors move — like how the former city manager was ousted?
“Nevertheless, let me be clear: I support our police. I fully support our chief. And I absolutely stand with our immigrant community — our neighbors, our workforce, our friends.
“Unfortunately, we landed in this legal mess because we didn’t get proper guidance before the June 30 vote. We should have had expert legal counsel from the start. Why didn’t we? Now, instead of slowing down and considering all of our options — including joining South Miami’s legal challenge — the mayor rushed to reverse course. The city’s expert legal counsel has confirmed we are in a strong position by doing nothing. We haven’t entered or rescinded 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 it in court alongside South Miami. But make no mistake — entering into the 287(g) agreement 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.
“Please. Do not let fear win. Do not rush. And do not abandon the people we swore to protect.”
Kaufman’s words went unheeded by his fellow commissioners.
Residents’ urging fails to convince local lawmakers
Here is a collection of the comments offered by Florida Keys and Key West residents during the July 8 special meeting, when the commission voted 4-2 to enter the Key West Police Department into an agreement with federal ICE agents to assist with immigration enforcement. For a full video from the meeting, visit cityofkeywest-fl.gov.
An overwhelming majority of the 40-plus speakers were opposed to the cooperative agreement. Here’s what some had to say:
“I understand that based on the state attorney general, you are all worried about your jobs and your positions here, but I also think that’s a moot point. Because if we do sign a 287(g) agreement, I think your jobs are up for release anyway.” — Chris McNulty
“Two weeks ago, I left here feeling proud to have seen such open-minded and courageous leaders. Be brave. Continue to stand on the right side.” — Yvette Esquinaldo Lee
“Your fear is causing you to second-guess the brave and morally admirable decision you made last week. Fear is real and I understand it, but here is my question for you: As the entire country watches, on which side of history would you like to be found? Do you want to be the people who allowed fear to dictate their actions? Or do you want to be the people who found the courage to do what is right no matter how scary that may be. … Now you are allowing the bullies to cause you to second-guess (your prior actions.)” — Rev. Madeleine Baum, Key West United Methodist Church
“Each of you has been told that if you stand your ground here tonight, retribution will be served — a fear tactic our government has embraced to control those who speak out. … Tonight, I ask you to be the public servants you were elected to be for us, for our children and for those who come after us. Tonight, the world is watching Key West, and white this measure is a symbolic vote, and perhaps a vote in your minds that is not worth losing your position over, I challenge that belief. I believe your stance against this evil spreading across our nation is exactly what you were called to do.” — Kirby Myers
“This feels like a small vote by a small group on a small island. But you have so much power to set precedent. Please don’t squander that.” — Erin Stover
“Agreement 287(g) is not necessary for ICE to do its work here. … By and large, our community has a favorable impression of our local police department and justifiably so. We are fortunate that Chief Brandenburg is a fair and reasonable man. … Our police are trained to defuse tense situations rather than fanning the flames and escalating them into a more newsworthy crisis. Do you have the same impression of ICE? If anything, it’s quite the opposite. … By making our police officers act as hitmen for ICE, the excellent community rapport we have had with our police vanishes in an instant. Once our police officers become identified with ICE agents, they will no longer be regarded with the same sense of trust we have had. Is that what we want? Is that even what our police themselves want? … If you give in to a bully, you just get more bullying.” — Dr. John Calleja
“Community safety doesn’t come from a place of intimidation; it comes from a place of trust. Immigrants are not the threat; the threat is letting fear take hold.” — Fritzie Estimond
“If you let a bully bully you, they will become emboldened and will bully others. You have a duty to do something about it. If you continue to stand firm, we’re going to need a bigger city hall, because your constituents are with you because you are championing them. We are very proud of you.” — Dr. Robert Nowicki
“As a community and as a culture, ICE doesn’t belong in our streets; it belongs in our cocktails.” — Erika Rose.
“Last week, you did something good, something brave. If you go back on that, you’ll destroy this island’s economy, its trust, everything. This is not about being a Democrat; this is not about being a Republican. This is good versus bad, right versus wrong. It’s the golden rule. It’s being human. It’s having compassion. And speaking of compassion, I have a lot of compassion for the Key West Police Department, a lot of compassion for them. … It’s a horrible feeling not recognizing your country right now. Don’t make it a horrible feeling not recognizing the town you call home and the town that you love. Be good. Be brave. Stand up to bullies.” — Mark Watson
