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It was an odd thing to watch as speaker after speaker at Tuesday’s Miami-Dade Commission meeting be silenced —
their mics actually cut off — and, in some cases escorted out of the chambers. Disturbingly odd. Chillingly odd.
Members of the community had gone to speak on Mayor Carlos Gimenez’s directive Jan. 26 to the corrections department, telling them to start holding illegal immigrants who have federal detainer requests even after they post bond or are released at arraignment. Many people were offended and vowed to fight back. Hundreds have protested twice at County Hall — but none of the county electeds were there to hear them.
Tuesday was their first chance to speak to our elected leaders about something that they felt was of vital importance.
Until Bovo put a kibosh on that.
Read related story: Looming face off at County Hall over sanctuary switch
The chairman made an announcement at the beginning of the meeting: Public comments would be limited only to
those items on the agenda. He closed the public comments saying that it was “important to get the business before us done and not turn this into a circus.”
The “circus” he said, will be on Feb. 17.
“We set an entire day aside for them to come and speack on the detention issue or against Trump or whatever they want,” Bovo later told Ladra, adding that it was the first time in his memory they set aside a special meeting for anything that was not a budget matter.
“It’s their right to be heard and by giving them a special meeting, we are giving them that,” said the chairman, who has already publicly supported the mayor’s decision.
“I know this item has people all fired up. This is a passionate, controversial item. I feel the passion. And I want to give them a forum,” Bovo said, adding that the separate meeting next Friday complies with the county’s obligation to provide a “reasonable opportunity to be heard.”
Later, on NBC6, Gimenez sort of shrugged his shoulders and said “They can say whatever they want on the 17th.” He did not sound like he would listen. He sounds like a man with a mind made up.
Read related story: Protester have demands for Carlos Gimenez on sanctuary
More than a dozen people wearing white flowers pinned to their clothing spoke Tuesday against the measure
anyway… sort of (only one Miami Trump volunteer spoke in favor). They couched their message in words dripping with double meaning to support two other measures on the agenda that (1) provide for citations rather than arrests of juveniles on first-time misdemeanors and (2) prohibit the suspension of a driver’s license for failure to pay a fine for some low-income drivers. Either one could be seen as a move to help protect illegal immgrants and undocumented youth from the consequences of the mayor’s new groove. The speakers spoke slowly, choosing words carefully in many instances, to get their subliminal message across.
Brian Hunker told them it was his first commission meeting. “I’ve never been politically active in my life so I guess in some ways just being here is sort of evidence that I’ve become motivated to participate and I hope you all take notice,” Hunker said, speaking in favor of the resolution to not arrest juveniles.
“It shows a wise exercise and foresight on behalf of the commission to prevent the systemic criminalization and incarcelation of well-meaning members of our community.”
Wink, wink.
“People’s lives should not be ruined if they’ve done nothing wrong. We don’t want to ruin people’s lives, whether its putting them in jail or sending them some place else,” said a gringo named Glen (didn’t catch his last name), who was careful not to use the taboo terms that had gotten people tossed already as he urged commissioners to extend that welfare to “a group of folks who are prevalent in Miami-Dade who I cannot mention by name.”
Because anyone who uttered the word “immigrant” was cut-off and, some, escorted out of chambers when they refused to stop talking even after the mic was turned off. Curiously, the word “undocumented” — which isn’t the same thing — was said at least twice without a reaction from Bovo.
Read related story: Carlos Gimenez will be grilled on sanctuary cities decision
“Arresting our youth is harmful to our community and it has very serious consequences, especially for
undocumented youth and its something we cannot divorce from the issue,” said Maria Angelica Rodriguez, who was not interrupted by the chairman. “Please support our youth, of which undocumented youth are also affected.”
Gaby Garcia Vera, an LGBT activist, was unfazed when he asked Gimenez not to leave because any issue having to do with law enforcement would affect illegal immigrants. “I will not sit in fear of this commission to say the word immigrant,” he said before he was cut off and led out as the audience cheered and some recorded it on their cell phones.
“We need to talk about community relations… This is not just about numbers,”
There’s more. Please press this “continue reading” button to “turn the page.”
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After Miami-Dade Mayor Carlos Gimenez buckled to President Donald Trump‘s threats to keep federal funds from “sanctuary cities”
and he issued his directive to have illegal immigrants with federal detention orders held by county corrections officers for Immigration and Customs Enforcement agents, immigration activists and their friends have protested at County Hall — twice.
But on Tuesday, the mayor’s supporters — or Trump’s supporters, same thing — say they will make themselves heard at what they call a “counter protest.”
It all points to what could be a powderkeg public comments session at the commission meeting, even though painstaking efforts were made to avoid it.
Read related story: Protesters have demands for Carlos Gimenez on sanctuary
The about-face on county policy — set in a 2013 resolution — is not on Tuesday’s county commission agenda. Chairman Esteban “Stevie” Bovo has called a special meeting on Feb. 17 — maybe precisely because he knew that a lot of people would show up. But, at the same time, he should have known that people don’t want to wait that long to talk about something that is already affecting lives. According to the Miami Herald, at least 27 people have been detained in county jails for ICE requests since the Gimenez directive.
So both supporters and opponents of the mayor’s move Jan. 26 have promised to go to the commission meeting Tuesday and let the mayor know how they feel anyway.
“Miami-Dade Mayor Carlos Gimenez has caved to Donald Trump and ordered local police to enforce immigration
detention orders,” says the Facebook event invitation urging folks to “tell Gimenez to reject Trump.”
“It’s up to us to show him we want to keep immigrants safe! Join us at the February 7th County Commission as we tell Gimenez and the commissioners to protect our immigrant families. We will not be silent. We will not be ignored. We will organize. We will be heard. We will win. We will be a sanctuary.”
The counter protest to “support law and order at Mayor Gimenez office” is organized by local Trump volunteers and Hispanas por Trump.
It looks like the Trumpettes are going to be outnumbered, though: On the Facebook events — which, admittedly, are not scientific projections — we have 231 people going to tell Gimenez off and 70 going to support him.
How much you wanna bet the county gets extra security for Tuesday?
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Last week was interesting. We had a bunch of protests of not just Donald Trump
but also Miami-Dade Mayor Carlos Gimenez, who was the first and only big city mayor to acquiese to Trump’s demands on sanctuary cities.
This week, we get to have fun watching Gimenez and Miami-Dade Commission Chairman Esteban “Stevie” Bovo do everything possible to avoid talking about the mayor’s 180-degree turnaround on the county policy, in violation of a county resolution. It’s not on the agenda for Tuesday’s meeting because the chairman scheduled a special meeting just for that. Guess they expect it to take a long time, huh?
Ladra has a feeling however, that even though it’s not on the agenda, it will be discussed. If only in public comments. Activists are encouraging people to go and tell Gimenez off while his supporters have also encouraged people (more on that later) to go and show their support for “law and order.”
Let’s hope it doesn’t end in chaos.
As always, please keep sending news about meetings, campaign rallies, political club powwows and other events to edevalle@gmail.com. This is your Cortadito Calendar, after all.
MONDAY — Feb. 6
3 p.m. — The City of Miami’s Historic & Environmental Preservation Board will meet to receive a presentation, open
to the public, of a “historical assessment report” on the Coconut Grove Playhouse. While this is a discussion item only, Playhouse boosters are expected to show up en masse to support continued efforts to restore and reopen the landmark (hopefully more than just the outside facade, or is that battle lost already?). Chairman Keon Hardemon could allow public speakers to make comments — if he’s so inclined. The meeting is in commission chambers at City Hall, 3500 Pan American Drive.
TUESDAY — Feb. 7
9:30 a.m — The Miami-Dade Commission meets and tries not to talk about that immigration detention thing. Even
though there’s a special meeting called just for that on Feb. 17, it’s going to be hard to get through the whole meeting without taling about it just a little bit. Maybe that’s why the agenda is packed with a lot of items to keep commissioners busy. Topping that list is a whole lot of water and sewer contracts related to the consent decree forcing the county to upgrade it’s system. At least six different contracts for a total of more than $50 million (more on that later). There’s also a $38-million contract with Garney Companies on the table for the design, build and installation of a 48-inch diameter water main pipe. Yes, you read that right: A $38-million water main pipe. Also on the agenda: An ordinance creating a special stadium taxing district for the county and Miami Gardens to share, a $1 million grant for the construction of two “replacement libraries” in Doral and Hialeah Gardens, a $6 million contract for roof repairs at Miami International Airport and a $14.5 million “legacy” contract for security communications maintenance at MIA. Yes, you read that right: A $14.5 million contract for security communications maintenance.
9 p.m. — And you thought the debates were over when the president was elected. Wrong.
This Tuesday, Democrat Sen. Bernie Sanders and Republican Sen. Ted Cruz — both of whom lost the nomination to run for president — will face off live on CNN in a heated debate about the future of Obamacare. Florida International University students in a group called Turning Point USA Panthers are hosting a “fun watch party” at the Graham Center Pit. But it looks like it may only be fun for Republicans, since they bill it as a debate between “Socialist Senator Sanders and Constitutionalist, Free Market Advocate Senator Ted Cruz” and included the hashtags #BigGovSucks and #FreeMarketsFreePeople. Don’t wear your “I’m with her” button.
WEDNESDAY — Feb. 8
9 a.m. — It’s a busy day for the Miami Beach commissioners, who meet to discuss a bunch of things, including an amendment to the city code on maximum building heights and allowable exceptions in commercial zones and the
design and development of a skate park at 72nd Street. They will also consider new zoning regulations for West Avenue and the 600 block of Washington Avenue and the purchase of two new “skywatch towers” for the police department and $2 million worth of new equipment for the fire rescue department as well as regulations for sidewalk cafes and a $30 million contract for improvements to West Avenue. Also on the agenda: the second reading for Commissioner Ricky Arriola‘s moratorium on medical marijuana sales (more on that later) and demolition moratoriums on North Beach and on Tatum Waterway properties. Commissioner Kristen Rosen Gonzalez, who joined protesters of the Gimenez immigration betrayal last week, also plans to ask her colleagues to declare Miami Beach a sanctuary city. Told ya it was a busy day for them. The meeting is in commission chambers at City Hall, 1700 Convention Center Drive.
THURSDAY — Feb. 9
9:30 a.m. — Miami-Dade Commission Chairman Esteban Bovo’s Policy Council meets. This board aims to identify critical capital needs and innovative transportation funding solutions, develop a courthouse capital improvement plan and a cohesive and proactive sea level rise response plan as well as work on gun safety.
6 p.m. — It’s the first fundraiser for Coral Gables candidate Mike Mena, and attorney has Congressman Carlos Curbelo and State Rep. Jose Felix Diaz among the hosts. The event is at El Novillo Restaurant on 67th Avenue and Bird Road. Wait a minute. Aren’t there any restaurants inside Coral Gables that are good enough?
SATURDAY — Feb. 11
Noon — The Miami Young Republicans are still celebrating Donald Trump’s
victory with a Make America Great Again BBQ at Crandon Park in Key Biscayne to kick off the year. “We will be unveiling our game plan to drive the discussion on South Florida’s most important issues and elect the next class of Young Republicans to local office. If you have been thinking about stepping up your involvement, or want to serve in a club leadership position, this event will provide a great opportunity to speak with board members to join the team,” says the Facebook invitation.
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UPDATE: After the posting of this Thursday morning, the commission chairman called for a special meeting on Feb. 17. How they are going to get through the Feb. 7 meeting without talking about this is still a mystery.
There’s no question that Miami-Dade Commissioners will discuss the mayor’s directive last week to
honor detention requests for illegal immigrants in county jails. The only question is when.
It may not be on Tuesday’s agenda — yet. But it can’t be ignored.
Not just because more than 300 county residents protested the decision Tuesday at County Hall. Not just because more than a dozen community groups and leaders have denounced the move. Not just because Commissioner Daniella Levine Cava asked Mayor Carlos Gimenez Monday to answer a series of questions about the impact and consequences of this cave-in to a legally questionable federal threat to withhold millions in funding. Not just becasue she wants her colleagues to join other U.S. cities challenging the legality of the president’s executive order.
Read related story: Carlos Gimenez betrays the community for Donald Trump
No. They have to talk about this because the mayor’s directive flies in the face of a 2013 resolution in which commissioners instructed him to do just the opposite. There is already a growing discontent among commissioners about what happened and how it happened. Some don’t want to send the message that the strong mayor can do whatever he wants for the next four years.
They can do several things. They can propose a resolution to just undo or rescind the resolution from 2013, which
would be a show of support for the mayor’s actions and is rumored to be what Commissioner Sally Heyman has in mind. They can also direct the county attorney’s office to challenge the federal order, which is how Levine Cava leans. Neither one had presented a discussion item or legislation for Tuesday’s meeting, but either could. Gimenez could also put it on as a discussion item from the mayor’s office.
What won’t happen, one commission aide said, is nothing. “Otherwise, that’s going to be the biggest elephant in the chambers on Tuesday.”
Commissioner Xavier Suarez said he did not think that that Gimenez intended to violate the resolution but that he, at least, had some questions about the details. “I think it’s time for a clarification, whether it comes from the mayor’s office or it comes from us,” X told Ladra Wednesday.
The mayor’s memo to Corrections and Rehabilitation Director Daniel Junior, even though it’s only three paragraphs long, indicates that even Gimenez knew he’d have to get some kind of commission approval (note the last sentence).
“Yesterday, January 25, 2017, President Donald J. Trump issued Executive Order Enhancing Public Safety in the Interior of the United States.
In light of the provisions of the Executive Order, I direct you and your staff to honor all immigration detainer requests receive from the Department of Homeland Security.
Miami-Dade County complies with federal law and intends to fully cooperate with the federal government. I will partner with the Board of County Commissioners to address any issues necessary to achieve this end.”
Partner with the Board of County Commissioners, indeed. Some commissioners, staffers and other County Hall insiders say he should have waited and partnered with commissioners to address the issue before jumping to
Trump’s drumbeat within 24 hours, becoming the first and so far only mayor of a major U.S. city to buckle.
Que verguenza.
But beyond that, some go so far as to say the mayor may have abused his power by acting alone without calling for the rescinding of the resolution by the whole commission. It’s not like he didn’t have time.
Gimenez might say, whenever he is called upon to answer to commissioners, that he used his power as mayor to make this “emergency” decision. But there is no evidence that there was an emergency here. There was no deadline. Other cities have challenged the federal government’s authority to withhold funds while legal experts point to supreme court precedents that give states and municipalities the upper hand and also limit the conditions the government to withhold funds. There is no logical reason that Gimenez could not have waited to make it a mayor’s item on the Feb. 7 meeting.
Read related story: Levine Cava questions Gimenez on sanctuary about-face
Our own county attorney’s office told commissioners in 2013 that the county was complying with the Secure Communities requirements by sharing information — addresses, phone numbers, photographs — with ICE and the
Department of Homeland Security. We have never stopped doing that since 2009.
In 2013, commissioners adopted a new policy to release non-violent offenders who were also illegal immigrants unless the federal government covered the costs of prolongued incarceration and instructed the mayor to implement the policy. They did so mostly to save money. It was budget crunch time and they were told to look for extra funds to keep some of the programs that Gimenez wanted to cut in a drastic year after his 2012 re-election.
In a story published that year by the Miami Herald, Heyman said it wasn’t a purely financial decision.
“Not only is it about saving money. It’s about saving people,” she was quoted as saying.
What a difference three years makes, huh?
Of coure, the 2013 resolution that halted the detentions is all about the costs. It states that 3,262 detainer requests were honored in 2011 and 2,499 were honored in 2012, at a cost of a little over $1 million and $667,000, respectively. Of those, 57% were inmates not charged with felonies in 2011 and 61% were in 2012. These are people that were held for 48 hours after they were bonded out or released at arraignment.
They also had the green light from then County Attorney Roger Cuevas, who had told them in July that “compliance with ICE detainer requests is voluntary and not mandated by federal law or regulations.” Basically, the detainers or 48-hour “hold requests” are just that, requests. Cuevas’ analysis included wording from federal law and forms that showed the word “request” used repeatedly. He told commissioners that if they decided to hold detainees
for the 48 hours, there was no legal obligation for the federal government to reimburse costs.
Cuevas also attached a letter from ICE Assistant Director David Venturella in which he answers this direct question: “Is it ICE’s position that localities are required to hold individuals pursuant to Form I-247 or are detainers merely requests with which a county could legally decline to comply?” The response: “ICE views the immigration detainer as a request that a law enforcement agency maintain custody of an alien who may otherwise be released for up to 48 hours (excluding Saturdays, Sundays and holidays). This provides ICE time to assume custody of the alien.”
All of this can be found in the minutes of the December 3, 2013 meeting.
But the new policy did still provide for the detention of illegal immigrants when they had been either previously convicted of a forcible felony or charged with a non-bondable offense, such as murder. This is according to a memo from former Corrections and Rehabilitation Department Director Timothy Ryan to the Department of Homeland Security. So, we were still turning over the most violent offenders. Now, we’re just turning over the minor offenders, too, perhaps even people who are arrested for traffic violations.
Read related story: Protesters have demands of Carlos Gimenez on sanctuary
And everyone expects the Trump administration’s detainer requests to increase so we may soon be turning over even more of them.
There’s really only one reason why Gimenez would have jumped the gun and reached over the commission’s head to
do something that law enforcement experts say damages community policing at a time when police resources are low and street shootings are at a high. It is to please the president so that his son, CJ Gimenez, could get more and friendlier access for his new federal lobbying gig. Ladra can’t think of any other reason why he would reverse a county commission policy within 24 hours with a directive that is going to become his legacy — the first thing that comes up on him now for all history in every story and Wikipedia: “Carlos Gimenez, the immigrant South Florida elected who was the first and only mayor who acquiesced to Donald Trump’s threats against sanctuary cities…”
But he will soon have to explain for himself. Activists who have led a wave of public outcry that has resulted in two protests so far and whispers of a possible recall, promise to attend Tuesday’s meeting to demand answers.
So if commissioners don’t address the elephant in the room, the public will.
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Somewhere around 300 immigrant advocates and social justice activists from more than a
dozen organizations descended on Miami-Dade County Hall Tuesday afternoon to protest Mayor Carlos Gimenez‘s about-face on complying with federal immigration detention orders at the local level.
And they want him to take it back.
Last week, Gimenez instructed the director of the county’s Department of Corrections to start holding illegal immigrants arrested for unrelated crimes after their local charges are resolved so that U.S. Immigration and Naturalization Services can pick them up. Tuesday’s protest, with close to 300 people, was the second in five days.
Read related story: Carlos Gimenez betrays the community for Donald Trump
It was also the first with a list of demands. Community leaders and organizations that signed onto the coalition that protested Tuesday — including Florida Immigrant Coalition (FLIC), United Teachers of Dade, Service Employees International Union, Center for Community Change Action, New Florida Majority, Dream Defenders, United Families, Color of Change, Miami-Dade Democratic Party, Emerge Miami, Council on American Islamic Relations, Save Dade, For Our Future, United We Dream, We Count! and iAmerica — presented five tasks for the mayor.
“Our coalition demands that Mayor Carlos Gimenez do the following,” read a statement issued Tuesday evening.
- Immediately withdraw last week’s directive to comply with Trump’s immigration order.
- Work with community stakeholders and legal advocates on additional steps to safeguard
against Miami-Dade police officers ever acting as immigration-enforcement agents.
- Commit to working with mayors across the country facing the same threats from the Trump Administration, to present a coordinated response to these harmful and unconstitutional orders.
- Consult with commissioners and stakeholders before complying with any additional orders from the Trump Administration that contradict the laws, traditions and values of Miami-Dade County.
- Dedicate the remainder of his term to ensuring that Miami-Dade remains a welcoming place for all people.
The statement says these measures will help build trust, save tax dollars from the likelihood of lawsuits, “recognize the irreplacable role of immigrants in the economy, society and history of our county,” honor the views of the majority of his constituents, who voted overwhelmingly agaisnt Trump and his policies, and “protect our entire community from the threat of Donald Trump’s hateful and un-American actions.”
Too bad that Gimenez wasn’t there, again (he was out of town during the first protest Friday). Because the protesters had some choice words for him.
“Coward,” was my favorite.
Read related story: Levine Cava questions Gimenez on sanctuary about-face
“As a Commissioner tasked with drafting policy that protects our citizens, I am frustrated and disappointed in Mayor
Gimenez’ actions to comply with President Trump’s anti-immigrant and anti-refugee executive order,” said Miami Beach Commissioner Kristen Rosen Gonzalez said. “Mayor Gimenez had many options to protect our community. Instead of consulting with his Commission and community leaders, Mayor Gimenez has the dubious distinction of being the first Mayor in the country to succumb to President Trump’s threats.
“He didn’t even put up a fight.”
Rosen Gonzalez told Ladra later that evening that she feels the county is a sanctuary county — with or without his blessing. “This is a policy that shows that Gimenez is out of touch with his constituents,” she said, adding that she will present a resolution to the Miami Beach Commission next week offering
that city as a sanctuary city (more on that later).
“If Gimenez is not going to do the right thing then let’s do it in Miami Beach,” Rosen Gonzalez said.
But what boggles her mind the most is how quickly Gimenez catapulted. “He didn’t have to. He could have waited with all these other mayors around the country.”
The commissioner speaks of the mayors of New York, Boston, Buffalo, San Francisco, Chicago, Syrcause, Austin and many other U.S. cities that have chosen to question the legality of the federal mandate. She and others talked about how Gimenez couldn’t have possibly forseen all the possible legal, economic and ethical impacts of his decision.
“Mayor Gimenez’ actions have immediate and very real consequences for our schools and our education system,” said Karla Hernandez Mats, president of United Teachers of Dade. “Miami-Dade is a majority immigrant community and by complying with President Trump’s Executive Order, Mayor Gimenez is threatening our ability as educators to provide a quality education and a safe space to all children, regardless of immigration status.
Read related story: Joe Garcia to join Carlos Gimenez protesters at County Hall
Former Congressman Joe Garcia, who helped run one of the largest
refugee programs with the Cuban American National Foundation, said that Gimenez had the opportunity to emulate the late Monsigner Bryan Walsh, who led efforts to bring and relocate Cuban children during Operation Pedro Pan.
“The same way Monsignor Walsh stood up for refugee childfren who had no one and nowhere to go, today those of us who benefited from his vision and courage should also stand up and fight for those who have no one and nowhere to go,” said Garcia, who was born in Miami Beach to Cuban parents.
Gimenez was presumably doing the radio and TV rounds Tuesday afternoon, but he’s been dodging the live audience for days. He’s going to have to face the music sooner or later. Probably next Tuesday when Ladra suspects that Commissioner Daniella Levine Cava will make her follow up request an official item on the commission agenda or someone else will put forth something supporting the mayor’s flip. The public will have to be given an opportunity to speak.
Maybe Julio Calderon, an undocumented young man who is a member of the Florida Immigrant Coalition, will be able to address him personally.
“I have helped contribute to this city in many ways, including paying taxes, and I am devastated that Mayor Gimenez is willing to scapegoat the immigrant community for political gain,” said Calderon said Tuesday.
“Deporting me back to Honduras is the equivalent of a life sentence, because there is no guarantee I would survive the violent conditions of my native country. This is personal for me; but for Mayor Gimenez, playing politics with Trump outweighs the value of my life.”
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