Sanctuary Policy Preemption: Hialeah vs Miami
How do sanctuary policy preemption rules compare between Hialeah, FL and Miami, FL?
Hialeah and Miami have similar restriction levels.
Hialeah, FL
Miami-Dade County
Miami-Dade is not a sanctuary jurisdiction. After being labeled a sanctuary 2013 to 2017, then-Mayor Carlos Gimenez ordered full ICE cooperation in January 2017. Florida Senate Bill 168 (2019) requires all Florida sheriffs to honor ICE detainer requests.
View full Hialeah rules →Miami, FL
Miami-Dade County
Florida SB 168 (2019) prohibits sanctuary policies and requires state and local agencies to honor federal immigration detainers and cooperate with ICE. Miami complies; the city does not have, and cannot adopt, a sanctuary policy.
View full Miami rules →Key Facts Comparison
| Fact | Hialeah | Miami |
|---|---|---|
| State law | FL Chapter 908 (SB 168) | - |
| Sanctuary period | 2013-2017 | - |
| Ended by | Mayor Gimenez Jan 2017 | - |
| Detainer hold | 48 hours max | - |
| Florida statute | - | FL Sec. 908.101-908.111 |
| Enacting bill | - | SB 168 (2019) |
| ICE detainer rule | - | Mandatory cooperation |
| Civil penalty | - | Up to $5,000 per day |
| Miami status | - | Compliant, no sanctuary policy |
Highlighted rows indicate differences between cities.
Hialeah FAQ
Will local police ask about my immigration status?
Patrol officers do not routinely check immigration status. ICE involvement begins after a county jail booking, where status is checked through federal databases under state law.
Can Miami-Dade become a sanctuary again?
Not under current state law. Florida Chapter 908 bans sanctuary policies, requires ICE cooperation, and allows removal of local officials who refuse to comply.
Miami FAQ
Is Miami a sanctuary city?
No. Florida SB 168 (2019) prohibits sanctuary policies statewide. Miami Police Department and Miami-Dade County jails cooperate with ICE, including honoring federal immigration detainers as required by Florida Statute 908.
What happens if a Miami official adopts sanctuary rules?
The Governor can remove them from office under Section 908.107. Civil penalties run up to $5,000 per day per violation, and officials may face personal liability for damages caused by an immigrant released contrary to a detainer.
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