City of Key West faces legal challenges after ending ICE agreement

Commissioners in Key West will hold a special meeting on Tuesday to determine whether to proceed with their decision to withdraw from a controversial immigration enforcement agreement with U.S. Immigration and Customs Enforcement (ICE).

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Last Monday, during a special city commission meeting, six of the seven commissioners voted to end the city’s participation in the 287(g) program following strong public backlash. The agreement, signed by the city’s police chief without commission approval, would have allowed local law enforcement to collaborate directly with ICE on immigration enforcement.

The move drew swift response from Florida Attorney General James Uthmeier, who sent a letter warning city leaders that backing out of the agreement could lead to criminal charges or even removal from office.

“The City of Key West violated state law when they voted to void the Key West Police Department’s 287(g) agreement with ICE,” Uthmeier posted on X. “We will not allow this unlawful sanctuary policy in Florida. They have a choice: stop impeding law enforcement from enforcing immigration law or face the consequences.”

Key West Commissioner Sam Kaufman, speaking Sunday on This Week in South Florida, said the commission acted because “our police chief did not have the authority to enter into that agreement.” He added, “We’re not sure what has changed in the past six years and six months,” referring to previous city positions on immigration cooperation.

Key West is not officially designated a sanctuary city, and Kaufman emphasized that the city continues to comply with federal and state immigration laws. Nevertheless, residents applauded last week when the commission voted to void the agreement.

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The 287(g) program—part of a broader state immigration law signed by Florida Governor Ron DeSantis in February—permits local law enforcement agencies to collaborate with ICE on immigration enforcement. While the law appears to allow municipalities the choice to opt in or out, state officials are now pushing back.

Following the city’s decision, Attorney General James Uthmeier sent a letter to commissioners warning of potential criminal penalties or removal from office. Florida House Speaker Daniel Perez commented on the matter, saying, “This was not meant to be an optional agreement,” and urged the judicial system to weigh in.

Tuesday’s meeting will determine whether the city follows through with its withdrawal or reverses course under legal threat from the state.

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