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πŸ›‚ Immigration Policy/Sanctuary Policy Preemption

Sanctuary Policy Preemption: Miami vs Miami Gardens

How do sanctuary policy preemption rules compare between Miami, FL and Miami Gardens, FL?

Miami and Miami Gardens have similar restriction levels.

Miami, FL

Miami-Dade County

Heavy Restrictions

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.

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Miami Gardens, FL

Miami-Dade County

Heavy Restrictions

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.

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Key Facts Comparison

FactMiamiMiami Gardens
Florida statuteFL Sec. 908.101-908.111-
Enacting billSB 168 (2019)-
ICE detainer ruleMandatory cooperation-
Civil penaltyUp to $5,000 per day-
Miami statusCompliant, no sanctuary policy-
State law-FL Chapter 908 (SB 168)
Sanctuary period-2013-2017
Ended by-Mayor Gimenez Jan 2017
Detainer hold-48 hours max

Highlighted rows indicate differences between cities.

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.

Miami Gardens 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.

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