The Key West city commission will consider a Tuesday motion to take legal action against Gov. Ron DeSantis for requiring local police to take on some federal immigration duties.
The resolution, filed by Commissioner Sam Kaufman, contemplates either authorizing the city attorney to file suit against DeSantis or joining South Miami's ongoing lawsuit against the administration for forcing officials to partner with Immigration and Customs Enforcement.
That partnership is called a 287(g) agreement, and Key West controversially voted last week to end it. DeSantis argues that this violates a state law banning safe havens for undocumented immigrants, known as sanctuary cities.
Kaufman says that's not true.
"There is no settled law that establishes that the mere absence of a 287(g) agreement alone constitutes the establishment of a sanctuary city in violation of Florida Statutes," Kaufman's resolution reads, noting that requiring such a partnership "raises significant legal and policy concerns."
It asks that the city attorney be able to file a declaratory judgement action against DeSantis.
If commissioners approve the motion at their 5 p.m. meeting, Key West would be the second city to challenge Florida's requirement that police officers be trained on arresting and detaining undocumented immigrants. In March, South Miami asked a state judge whether the city must enroll in a 287(g) program, The Tampa Bay Times/Miami Herald reported.
And while DeSantis has maintained that ending the agreement runs afoul of state law, that didn't stop Key West from voting 6 to 1 to end the 287(g) agreement last week.
The decision was the same day DeSantis joined with President Donald Trump and other state officials to parade the grand opening of Alligator Alcatraz, Florida's new migrant detention facility. It was the latest—and largest—example of Florida pushing itself to the forefront of the anti-illegal immigration discussion, which DeSantis has proudly lauded.
Part of that includes the Sunshine State existing as the sole state where all 67 counties have joined into 287(g) agreements. Key West could threaten that status.
"You can virtue signal and try to make political statements, but the reality is, local governments have to abide by Florida law," DeSantis said last week. He noted that the first steps to overturn the Key West decision will be warnings from Attorney General James Uthmeier.
If those are ignored, DeSantis may move for removal.
"Could it come to the point where commissioners could get suspended? The law does provide me that as one of many recourses."
