The Key West City Commission voted 4-2 on Tuesday night to approve a 287(g) agreement between the city’s police department and U.S. Immigration and Customs Enforcement (ICE).
The resolution, sponsored by Mayor Danise Henriquez, authorizes City Manager Brian Barroso to enter into the agreement, allowing the police department to receive training and participate in federal immigration operations. It also states that the city “should not adopt or maintain any sanctuary policies” as defined by Florida law. The measure took effect immediately.
The decision came less than a week after Florida Attorney General James Uthmeier warned the commission had violated state law by voiding an earlier agreement between ICE and the police department on June 30. Tuesday’s vote followed nearly three hours of public comment, with most speakers urging the commission to stand by its previous decision to void the agreement.
The commission also passed a second resolution—this one in support of Haitians with Temporary Protected Status (TPS). TPS protects certain immigrants from deportation and allows them to work legally in the U.S. Haitians with TPS are set to lose that protection on Sept. 2, according to Secretary of Homeland Security Kristi Noem, who said conditions in Haiti have improved enough to warrant return. That measure passed 5-1.
A third resolution, calling on the city attorney to join South Miami’s legal challenge to the requirement for cities to enter 287(g) agreements, failed in a 4-2 vote.
Vote reverses previous decision to void agreement
Tuesday’s action effectively rescinds a June 30 vote, when commissioners voted 6-1 to void the police department’s earlier 287(g) agreement with ICE. That agreement had been signed by Police Chief Sean Brandenburg on March 4, with City Manager Barroso’s knowledge but without commission approval.
In a July 2 letter, Attorney General Uthmeier warned commissioners to reverse the decision immediately.
“Failure to take corrective action will result in the enforcement of all applicable civil and criminal penalties, including removal from office by the Governor pursuant to section 908.107, Florida Statutes, and the Florida Constitution,” he wrote.
Many residents spoke out against the renewed agreement, with some urging commissioners to risk their seats rather than reinstate the ICE partnership.
Commissioner Monica Haskell, who joined the meeting via Zoom, criticized the mayor for scheduling the vote while not all members were physically present.
“The city’s expert legal counsel has confirmed that we are in a strong position by doing nothing. We haven’t entered or supported an agreement. There’s no legal liability, so why panic?” she said. “The mayor scheduled this meeting prior to discussing the legal options with the attorneys. Why not wait for the courts to decide whether the 287(g) agreement is mandatory or voluntary?
“Florida law does not require cities to sign 287(g). It only applies to sheriffs. Our police chief signed that agreement without public input or commission approval. That’s a problem. And we were right to recognize it as void. If the mayor’s resolution is approved, which I do not support, then at least let’s fight in court alongside South Miami.
“But make no mistake, entering into the 287(g) is the worst option for our community. Key West depends on tourism. We depend on trust. Turning our police into ICE agents erodes both. This isn’t about politics, it’s about public safety and economic survival.”
Haskell proposed postponing the vote until South Miami’s legal challenge is resolved, but the commission rejected the amendment.
Commissioner Samuel Kaufman, who supported ending the agreement on June 30, did not attend Tuesday’s meeting.
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