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Justice Department threatens West Palm Beach with subpoenas over immigration

Written by: Skyler Swisher Skyler, Sun Sentinel

West Palm Beach was among 23 jurisdictions targeted Wednesday in a Justice Department letter demanding local officials prove they are cooperating with federal immigration agents.

The letter threatens subpoenas if city officials don’t turn over documents showing they aren’t withholding information about the immigration status of people in custody.

The Justice Department repeatedly has threatened to deny millions of dollars in important grant money from communities that refuse to share such information with federal authorities, as part of the Trump administration's promised crackdown on cities and states that refuse to help enforce U.S. immigration laws.

The 23 jurisdictions that received letters Wednesday include Chicago, New York, Denver, Los Angeles and the states of Illinois, Oregon and California. West Palm Beach is the only Florida jurisdiction on the list.

Kathleen Walker, a spokeswoman for West Palm Beach, said the city is in compliance with federal law.

“Documents will be provided as required by Florida public records laws,” she said.

U.S. Rep. Lois Frankel, a Democrat who represents most of Palm Beach County, called the letter “outrageous.” She said West Palm Beach’s stance on immigration does not violate federal law.

“Do I think it’s political? Yes, obviously,” said Frankel, who was mayor of West Palm Beach from 2003 to 2011.

In March, the City Commission adopted a resolution declaring West Palm Beach to be a “welcoming city.” The measure prohibited city employees from asking about a person’s immigration status or assisting in an immigration investigation.

At the meeting, Mayor Jeri Muoio said it’s not the city’s job to enforce federal immigration laws.

“We want people to know in West Palm Beach we are not going to be checking your immigration status,” she said.

Justice officials said the letters went to places that have been previously warned that they need to provide information about their policies to be eligible to grants that pay for everything from bulletproof vests to officer overtime.

In 2017, one of these grant programs — the Edward Byrne Memorial Justice Assistance Grant — provided nearly $6 million to Florida law enforcement agencies, including about $60,000 that went to the West Palm Beach Police Department.

Attorney General Jeff Sessions has blamed "sanctuary city" policies for crime and gang violence.

“Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law,” Sessions said. “We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement — enough is enough.”

Other South Florida officials have gone on record denying they are implementing sanctuary policies. In September, Palm Beach County Sheriff Ric Bradshaw pledged his agency would cooperate with federal immigration agents.

“We have not been, are presently not and will not be a sanctuary county as far as law enforcement is concerned as long as I am the sheriff,” Bradshaw said.

In 2014, Broward and Palm Beach counties implemented a policy to honor only detention requests from immigration officials that are accompanied by a deportation order or a warrant signed by a federal judge.

The detention requests are intended to give immigration authorities up to 48 hours to take custody of an inmate. But sheriff's officials say they have practical reasons for not honoring the requests, citing court decisions that holding inmates beyond release dates could violate their rights. The courts ruled that the detention requests are voluntary.

Officials with both counties’ sheriff’s offices say they cooperate with the federal government, despite not honoring all detention requests.

“We follow our responsibilities under the law, no more, no less,” said Veda Coleman-Wright, a spokeswoman for the Broward Sheriff’s Office.

Last year, Broward County commissioners declared the county was “inclusive and welcoming’’ to all, “irrespective of race, religion, ethnicity or national origin.’’ But wording about Broward being a “refuge’’ was removed from the resolution because of concerns the Trump administration would deem Broward a “sanctuary county’’ for illegal immigrants and withhold federal funds.

Miami-Dade County Mayor Carlos A. Giménez reversed course and ordered county jails to comply with all federal immigration detention requests after Trump was elected.

But police officers aren’t being told to conduct immigration checks, said Michael Hernandez, a spokesman for the mayor.

“We certainly won’t entertain having our uniformed police officer serve as immigration agents,” he said.

Staff writers Anthony Man and Brittany Wallman contributed to this report.

Information from The Associated Press was used in this report.