Key West city commissioners — under pressure from Florida's attorney general — are reentering into an immigration enforcement agreement between local police and federal officials.
Last month, the city commission voted to make its 287(g) agreement between local police and federal officials void.
The agreements deputize and train local law enforcement as U.S. Immigration and Customs Enforcement agents and gives them the authority to carry out federal immigration laws. Several municipalities across the state have joined the partnership, which has been pushed by Gov. Ron DeSantis as the state lines up behind the Trump administration's aggressive deportation moves.
But just days after the move, Florida Attorney General James Uthmeier sent a letter demanding the commissioners reverse their decision or face removal from office.
Uthmeier called Key West's decision on June 30 "bad policy, and illegal."
He claims that municipalities not entering 287(g) agreements may be in violation of Florida law that prohibits local governments from becoming sanctuary cities.
On Tuesday, Key West's city hall was packed with residents and faith leaders waiting to speak on the issue in an emotional meeting that ran into the evening.
"Just over a week ago, I left this place feeling great joy and pride in all of [the city commission] for having the courage to take a stand for those in our community who are living in fear," said the Rev. Madeline Baum of the Key West United Methodist Church. "Now it seems for some of you, your fear is causing you to second guess the brave and morally admirable decision you made last week."
Unlike at the previous meeting to discuss the issue on June 30, were joined by attorneys and others from as far north as Miami-Dade County as they urged the commission not to enter into a new 287(g) agreement.
"287(g) agreements are not mandatory in this state," said Berbeth Foster, the senior staff attorney at Community Justice Project, a Miami-based grassroots racial justice and human rights organization.
"Key West and any city in the state of Florida does not have an obligation to enter into this agreement. So instead what we're seeing is the governor and the attorney general using fear and intimidation to force cities across the state to engage in conduct that far exceeds Florida state law requirements."
The city commission appeared to take a different interpretation, voting 4-2 to restore the agreement.
Ahead of the vote, Mayor DeeDee Henriquez had put out a statement outlining her view.
"The Attorney General made clear that Florida law requires local governments to cooperate with the state's illegal immigration efforts by entering 287(g) agreements with ICE," Henriquez wrote on Monday.
"My focus is on ensuring our city follows federal and state laws. I cannot speak to the Attorney General's interpretation of the law and whether failure to reinstate a 287(g) would result in my being removed from office. However, as I've stated before, I have no intention of casting a vote that violates state law."
One municipality — the city of South Miami — is still seeking to challenge the idea that 287(g) agreements are required of municipalities. The local government recently filed a lawsuit that aims to clarify whether the agreements are mandatory for municipalities under Florida law like they are for county jail systems.
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