Miami-Dade commissioners ignore public, facts on detainers

Miami-Dade commissioners ignore public, facts on detainers
  • Sumo

The saddest part about Friday’s Miami-Dade Commission meeting wasn’t that commissioners ignored the fearful immigrationcries and pleas of more than 100 people who urged them to reject Mayor Carlos Gimenez‘s directive to hold illegal immigrants arrested in Miami-Dade for an additional 48 hours so they can be picked up by federal authorities.

It was pretty sad as speaker after speaker got emotional when they told their own similar story about coming here as a child or of parents or siblings who came here as children fearing persecution by the government or criminals elsewhere. It was a real tear-jerker when they heard from children whose parents have been deported and who can speak about having families ripped apart, even though Chairman Esteban Bovo systematically cut them off when they reached the one minute mark and barked aggressively at them.

But no. What’s even sadder was seeing how stupid some of our commissioners are.

Ladra is not using that word loosely. I know it’s charged. I hate the word. I’ve always told my daughter there are no stupid people, only stupid acts.

But then I saw the commission meeting Friday and there is no other word that would better describe them. Clueless is not strong enough. Dumb is too innocent. They’re happily, blatantly stupid. Either that, or they’re complicit with Gimenez for other reasons and simply don’t care about the consequences of their punitive actions. Because why else would they ignore the facts?

Read related story: Miami-Dade Esteban Bovo cuts public speech on i-word

Let’s go one by one more slowly on the facts they chose to ignore and show why their rationalizations are silly, shall we?

Fact one: The county attorney told them that we were already complying with the federal law. The county already shares detentioninformation with ICE — names, photos, fingerprints, arrest forms – to comply with the Safer Communities regulations. Commissioners read this sentence slowly: We were already complying with the federal law. That means there was no need for Gimenez to make the change within 24 hours of the president’s executive order in defiance of your very own resolution. Obviously, this quickness concerned the commissioners who voted to keep the 2013 resolution: Jean Monestime, Daniella Levine Cava and Xavier Suarez each said that the mayor’s move was at best premature. Why don’t the others question the motivation for that lickety split speed? We were already compying with federal law and had reason to challenge any designation as a sanctuary county.

Fact two: The very definition of sanctuary city or county or region has not been established and several other municipalities are challenging it as well. 

Fact three: This order isn’t going to just affect criminals. And, by the way, we were already honoring detainer requests on the worst criminals so Rebeca Sosa saying she didn’t want rapists back on the street was fear mongering at its worst.

Deputy County Attorney Michael Valdes said that detainer requests are issued when ICE has probable cause “that the individual has committed a violation that allows them to commence deportation proceedings.” When Joe Martinez asked, the deputy county attorney said it again. “ICE can issue detainers when they say they have probable cause that this individual is subject to removal proceedings, they’ve violated immigration laws.”

Well, that includes every single illegal immigrant, doesn’t it? Every illegal immigrant, by virtue of being here illegally — having crossed over without documents or overstaying a visa — has commited a violation of immigration law. Let’s repeat that for you slow commissioners: Every illegal immigrant could feasibly have detainers put on them because immigrationmomsthey violated federal immigration law or laws. Including these moms, photographed left, who told commissioners they worry about who will care for their children.

Martinez said that they someone needs to commit a criminal violation to be arrested. Sure, okay. But, fact four: It can be for a traffic violation or having a driver’s license suspended or something as minor as shoplifting. He also said that the arresting officer doesn’t know the shoplifter is an illegal immigrant, but is he thick or what? Nobody was saying we don’t want the shoplifter to be arrested. We just don’t think the shoplifter should be deported if there is a detainer on her/him. The shoplifter should be processed like any shoplifter and released on bond or on his or her own recognizance. We have already honored a detainer on someone who was arrested for panhandling. Commissioner Martinez, fact five: panhandling now can get you deported.

Read related story: Carlos Gimenez will be grilled on sanctuary cities decision

The few speakers in favor of the change understand this. They want all illegal immigrants deported. That is their end game. They supported Trump because of that. They support this change in policy because it deports everybody.

Gimenez said repeatedly that “law abiding immigrants, legal or illegal, have nothing to fear.” GimenezBut that’s just not true. He is lying, surprise surprise. Fact six: Law-abiding illegal immigrants — even though they may have abided by every other law — could, logically, have detainer requests issued for them. Certainly, people who have missed hearings have had detainer requests issued. And under this new administration it is quite logical to think that more people will be detained to fill the increasingly privatized federal prisons that get fed our federal dollars, per bed or illegal head, which is what Ladra suspects this is really about.

Let’s provide a real, live example: A Venezuelan single mother who works at a restaurant in Doral could get pulled over for a traffic offense or even a broken tail light. She may have a suspended driver’s license because she overstayed her visa or she has no license at all. She gets arrested for that minor traffic offense. Miami-Dade County Corrections officers send her information — name, fingerprints, photograph — to all the other law enforcement agencies, including the FBI and ICE. Immigration is the one that says “hold that person please.” They don’t have to give us a reason. All they have to do is give us a form that has a box checked that says they have probable cause. 

Worse, if she hears the neighbor next door being beaten by her husband, she won’t call the police. “What for? So they ask me for my papers?” Fact seven: It doesn’t matter that Gimenez and several commissioners promised over and over that police officers would not act as ICE agents. What matters is the climate of fear that is created is one where people are not about to take that chance. Perception is all that matters here. Law enforcement experts and more than 40 legal experts who have written the mayor and urged him to rescind his order all agree: This change makes us less safe, not more, as it drives a bigger wedge between the immigrant community and law enforcement. No matter how many times you say that police will not be rounding immigrants up, people are just not comfortable with that staying true.

Read related story: Protesters have demands for Carlos Gimenez on sanctuary

Plus, there’s the little fact eight: Miami-Dade Police Director Juan Perez volunteered to be on a committee that juanperezwould define the role of local law enforcement agencies in the federal pursuit of illegal immigrants. He said so in a Miami Herald story after attending a Washington D.C. conference of police chiefs where Donald Trump spoke.

“You know the illegals. You know them by their first name. You know them by their nicknames,” Trump was quoted as saying at the Major Cities Chiefs Association and Major County Sheriff’s Association conference. “You’re in the neighborhoods: You know the bad ones, you know the good ones. I want you to turn in the bad ones.”

Perez was quoted as saying: “It’s clear that they haven’t established any policies yet. It’s still too soon.” But he added that he volunteered to serve on a committee to help define whatever that federal-local cooperation would look like. It won’t always be “too soon,” after all.

Ladra sure wishes someone would have mentioned that at Friday’s meeting. Because what exactly does that mean? Gimenez and several commissioners said they wouldn’t allow our local cops to start asking us for papers. But what happens if (read: when) the federal government threatens to take federal funding away if our local law enforcement agencies refuse to cooperate in the way they deem fit? Why is Perez playing a role in framing that cooperation?

Here’s fact nine, whichwas lost on Commissioners Jose “Pepe” Diaz and Joe Martinez and Rebeca Sosasosa-diazwho each pathetically fought for the my-exile-story-is-better-than-your-story prize — while they said over and over again that we were talking about criminals: Our county was already honoring detainer requests on the most dangerous criminals under the 2013 resolution. That resolution still provided for the continued transfer to ICE of anyone charged with a forceable felony — such as homicide, rape, battery, assault, armed robbery — and anyone charged with a non bondable offense, such as murder. 

By the way, fact 10: the people charged with murder won’t go to ICE and be deported right away. No. They get tried for their crime here. They do their time here. And only then are they deported afterwards. In other words, there’s time for ICE to get the worst of the worst. This change by Carlos Gimenez only allows people who are arrested for shoplifting or panhandling to be held 48 hours past their bond or release so they can be picked up and deported.

Who is going to take care of their children? Expect the Department of Children and Families to be flooded with a new crop of children who are orphaned by this county commission’s actions.

Commissioners who were too stupid to realize all these things were Bovo, Sosa, Martinez, Diaz — who barely escaped a DUI conviction in Key West last year — Audrey Edmonson, Javier Souto, Dennis Moss, Bruno Barreiro and Sally Heyman, who was the main person to introduce the 2013 resolution that protected immigrants. She said it was the right thing to do then. Friday she said that decision, like this one, had been financially motivated and she sponsored the resolution ratifying the mayor’s change in policy. What changed? 

Because they had every reason and political cover to do the right thing. Not only in 100+ people who spoke in favor of returning to the 2013 policy. But also when the county attorney said that we were already complying with federal mandates for the Safer Communities. And again when the deputy county attorney said any illegal immigrant was at risk. 

Are they not listening? Maybe they’re not too stupid to understand what they’ve done. Maybe they’re just not listening. 

Or do they just not care? 

And is any one of those choices better than another?

9 Responses to "Miami-Dade commissioners ignore public, facts on detainers"

  1. Guest worker programs, e verify, prosecutorial discretion, perspective, sovereignty … all good. Getting tougher will, in and of itself, will help staunch the surge. Even you, Ladra, must admit that things have gotten out of control. If we can’t agree on this then we are just spewing nonsense.

  2. Read the article and comments that followed. Illegal means illegal, not suppose to be here, period, it is the law of this country. So all those that want to twist it, it doesn’t work. Why would our country suggest the laws be softened for people who should not be here in the first place. They knew what they were doing when they planned to come here initially, they had kids, and thought everyone would feel sorry. The only sorry I have is that it wasn’t enforced for many years. Anyone again Gimenez, go cry your story to the people who had friends and relatives die at the gun of an illegal. Go thru the proper channels like your suppose to do. End of story, period!

  3. Quick question, what part of the word “ILLEGAL” od you people NOT understand. Our public officials, including law enforcement are SWORN to UPHOLD laws, otherwise you have ANARCHY. If you don’t know the meaning of the word, LOOK IT UP!!!. Public officials are bound by our laws, whether they like them or NOT. If people don’t like a law they can advocate to change it LEGALLY. The EO that President Trump issued was ENTIRELY based up CONSTITUTIONAL law. He has the CONSTITUTIONAL right to keep CRIMINALS out of this country to assure that LEGAL citizens are safe. We do NOT, as citizens, get to “CHERRY PICK” which laws we want to obey and enforce, and which we do NOT. And as far as public officials ignoring facts, the question I would pose to the author of this article, what would happen if all of a sudden people started demonstrating to re-enforce segregation laws that were in effect decades ago and have since been abolished, would you want people to IGNORE the abolition of those laws because they simply don’t agree? I would advise people to READ our CONSTITUTION and learn what the word ‘RIGHT” mean. There is NO CONSTITUTIONAL RIGHT for people to enter into this country, that is a PRIVILEGE that is given to immigrants at the will of CONGRESS with the PRESIDENT having a right at regulating it based upon NATIONAL SECURITY.

  4. The protest seem to be effective for those politicians for a few, but perhaps it’s time people start working smarter in their advocacy? People should work to try to win over their elected leaders. This just proves that some people do not have a busy schedule so they have time to engage in attention seeking behavior. This then creates a platform for the politicians to play politics.

    These people should take more time to reach out to regular people (those without political agendas) and listen to their concerns. Then they should teach folks how to effectively lobby politicians.

    You will say that it is naive for every day people to be effective in this consortium of politicians, but I beg to differ. If you think that the only way to effect change is through money, then get the lobbyist and developers to work with you. I don’t know one developer that is favorable to cheap labor.

    Awaken people who do not realize they have a vested interest…. I hope everyone who is making noise is working hard at engaging elected leaders in civilized forms of advocacy as well… it’s a shame that the politicians will benefit from all of the attention and grandstanding while the oppressed with continue to be opressed… #sad

  5. Ladra, some people fail to forget that Hitler made laws also. So did Mussolini and to not just play on our eastern friends, the great U.S.A. had slavery laws. Guess what these were all laws and we the people disagreed with them, why didn’t we just say back then “it’s the law, lets leave it alone” We didn’t because it was morally wrong. This is the same, it might be a law but it’s humanely and morally wrong, that’s why we have opposition. That’s why Hitler had to be stopped, that’s why we had a Civil War. That’s why we are human.

  6. “Let’s provide a real, live example: A Venezuelan single mother who works at a restaurant in Doral could get pulled over for a traffic offense or even a broken tail light. She may have a suspended driver’s license because she overstayed her visa or she has no license at all. She gets arrested for that minor traffic offense.”

    Fact 1: This is the 3rd time you’ve recently referenced no license or suspended license. You continue to down play it as being no big deal. Maybe you should talk to someone who’s had family killed by someone who shouldn’t have been behind the wheel.
    Fact 2: Is your illegal working with someone else’s SS number, like the lady referenced in the hysteria nationally a few weeks ago?
    Fact 3: Do who have any proof regarding the looking into filling the prisons for $$$$?
    Fact 4: Kate Steine was killed by someone who never should have been here. Yes, the immigration system is broken, but how or where do you try to fix it when every step is met with opposition.

    • The problem, proud American, is that you are so adamant about defending Donald Trump and hating illegal immigrants that you also ignore the facts. Or you are selective with your facts and incomplete, so here you go:

      Fact 1: The Venezuelan waitress drives her brother-in-law’s car. He has the required insurance for personal injury. The car is covered so the accident is covered. Ask a cop. And if we use the litmus test of who shouldn’t be driving because they could kill someone, Commissioner Jose “Pepe” Diaz, who was driving his motorcycle drunk in Key West in 2015, would top the list.

      Fact 2: She has some kind of worker id number that was given to her when she began parole proceedings in North Carolina. She fled an abusive husband to come here and missed a hearing in North Carolina and may have a detainer order because of that. She wants to start the proceedings again here, but hasn’t saved enough yet for an attorney. Also, by the way, I know of another illegal immigrant using her legal resident’s sister’s social security with her sister’s permission. And her sister was able to purchase a house with the income records. And her sister will get more social security income at retirement. Who loses?

      Fact 3: I am still looking into it but there is no doubt that prisons are getting privatized. It is a national debate. I will share some of my early research with you: 16% of federal detainees are in privatized prisons that make $18,000 a year per inmate (or around $49 a day). When you look at immigration inmates, that number jumps to 62%. Lots of advocates had complained that Congress, during Obama’s administration, was demanding immigration quotas to fill the private beds of the two main private prison companies that contributed to their campaigns.

      Fact 4: Kate Steinle (you should spell her name correctly if you respect her family) was killed by an illegal immigrant who had ALREADY been deported FIVE TIMES. Tell me again how deporting them keeps us safe?

      Yes, the immigration system is broken. But every attempt to “fix it” isn’t a magic bullet. The only way to really identify the “bad hombres” and bad mujeres because there are bad women, too, is to create a path to a legal status. That path would include background checks and fingrprinting and anyone wanted for violent crimes would not be eligible. Then illegal immigrants will feel safe to come out of the shadows and tell us who the bad ones among them are. Then we can aggressively go after the ones that do NOT come out of the shadows because they have something to hide. And we have to create a digital wall because many illegal immigrants do not cross the border but rather overstay their visas, so a border wall is really only a feel-good prop that won’t fix it either.

      But be honest. You want people deported for driving without a license or using someone else’s ss# or shoplifting or panhandling. Be honest. You just want them all gone. And that’s the reality with the people who support this ridiculous change in county policy.

      Love, Ladra

      • Responding to and trying to educate these Trumpty-Dumpty lunkheads for the next 4 years (there’s SO MANY of ’em, egads! As populous as proliferating rats and cockroaches) will be an exhausting mission for even the most energetic of rational, reasonable sentient beings. You did a helluva job at knocking “Proud american” (wonder what he’s got against capitalizing the “a” in American) down a peg. Too bad he’ll likely never digest what you wrote and adjust his delusional thinking accordingly.

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