Item M3 M.3
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: M.3
Agenda Item Summary #11645
BULK ITEM: No DEPARTMENT: BOCC District 1
TIME APPROXIMATE: STAFF CONTACT: Amanda Leggett(305) 292-3430
no
AGENDA ITEM WORDING: Approval of a resolution calling on the Federal Government to
provide the necessary Federal resources to address the influx of migrant arrivals in the Florida Keys.
ITEM BACKGROUND: The Florida Keys are currently experiencing dozens of migrant
landings per week, which are overwhelming local resources. The migrant landings result in
derelict vessels, many of which leak fuel, oil, and other pollutants, littering the shorelines and
nearshore waters.
The Monroe County Sheriffs Office, Monroe County Fire Rescue, and other local first
responders in the Keys are often the first governmental authorities to respond to these landings
and provide care. This diverts these resources away from their primary mission of protecting the
health, safety, and welfare of the residents of and visitors to the Keys.
Immigration and border protection are Federal issues. The U.S. Constitution and several Federal
statutes vests the Federal government with exclusive responsibility over immigration and border
control.
The draft resolution urges the President and the Florida Congressional delegation to take action
to ensure that the Federal government lives up to its Constitutional and statutory responsibility to
respond immediately to migrant landings, to immediately provide appropriate care for the
migrants, to immediately move the migrants to federal processing centers, to clean up the
environmental harm associated with the derelict vessels left behind by arriving migrants, and to
relieve local and state taxpayers from having to step in for the Federal government's failure to
fulfill this responsibility;
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
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M.3
DOCUMENTATION:
Migrant Resolution
FINANCIAL IMPACT:
Effective Date: Immediately
Expiration Date: none
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Craig Cates Completed 01/09/2023 9:42 AM
Bob Shillinger Completed 01/09/2023 10:40 AM
Lindsey Ballard Completed 01/10/2023 8:43 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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M.3.a
A RESOLUTION OF THE BOARD OF COUNTY 7
COMMISSIONERS OF MONROE COUNTY, FLORIDA, >
CALLING ON THE FEDERAL GOVERNMENT TO
PROVIDE THE NECESSARY FEDERAL RESOURCES TO
ADDRESS THE INFLUX OF MIGRANT ARRIVALS IN THE
FLORIDA KEYS IN ORDER TO ALLOW THE MONROE
COUNTY SHERIFF AND OTHER STATE AND LOCAL 0
FIRST RESPONDERS TO FOCUS ON THEIR PRIMARY X
RESPONSIBILITY OF PROTECTING THE HEALTH,
SAFETY AND WELFARE OF THE RESIDENTS OF AND
VISITORS TO THE FLORIDA KEYS.
Whereas, Monroe County, Florida is the southernmost county in the State of Florida and
the continental United States and includes the Florida Keys; and o
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Whereas, the Florida Keys recently have been inundated with migrant landing on our 2
shores from Cuba, Haiti, and other countries; and 0
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Whereas,the Florida Keys are currently experiencing dozens of migrant landings per week as
including one day where there were ten landings alone; and
0
Whereas, a recent landing of over 300 migrants forced the U.S. Department of Interior to 0
close Dry Tortugas National Park to visitors due to the large number of migrants overwhelming
that facility; and E
Whereas, approximately 385 migrants landed in various locations elsewhere in the Florida 0
Keys between December 30, 2022 and January 2, 2023; and
Whereas, the migrant landings result in derelict vessels, many of which leak fuel, oil, and
other pollutants, littering the shorelines and nearshore waters of the Florida Keys including those
of the Florida Keys National Marine Sanctuary; and
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Whereas, the Monroe County Sheriff's Office, the Key West Police Department, and other
local and state law enforcement agencies are often the first governmental authorities to respond to
these landings; and U)
Whereas, the fire departments of Monroe County, Key West, Marathon, Islamorada, Key
Largo, and Ocean Reef are the first agencies to provide medical care to the migrants, many of
whom are in distressed states due to the challenging conditions of their voyages; and 0
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Whereas, the U.S. Constitutions and Federal laws vests the Federal government with
exclusive responsibility over immigration and border control, preempting3 state and local
governments from regulating in this field; and
Art. 1, § 8, cl. 4, United States Constitution.
z See, e.g., 8 U.S.C.A. §§ 1304, 1306; and 18 U.S.C.A. § 3561.
3 See, Arizona v. U.S., 567 U.S. 387, 132 S.Ct. 2492, 183 L.Ed.2d 351 (2012).
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M.3.a
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Whereas, the recent influx of migrants has required local first responders to divert locally
funded resources away from their primary responsibility of protecting the health, safety, and
welfare of local residents and visitors to the Florida Keys to address the immediate needs of the
migrants while waiting hours, sometimes days, for the Federal government to respond to the scene
of the migrant landing; and
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0
Whereas, it is manifestly unfair for local taxpayers of the Florida Keys to step in and X
subsidize what the Constitution, Congress, and the Supreme Court declare to be a Federal
responsibility.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA:
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1. The recitals set forth above are incorporated as findings of fact of the Board; U)
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2. The Commission urges the President and the Florida Congressional delegation to take 0
action to ensure that the Federal government lives up to its Constitutional and statutory
responsibility to respond immediately to migrant landings, to immediately provide as
appropriate care for the migrants, to immediately move the migrants to federal processing
centers,to clean up the environmental harm associated with the derelict vessels left behind 0-
by arriving migrants, and to relieve local and state taxpayers from having to step in for the 0
Federal government's failure to fulfill this responsibility;
3. The Clerk is directed to send this resolution to:
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President Joe Biden
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
U.S. Senator Marco Rubio U)
284 Russell Senate Office Building
Washington, DC 20510
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U.S. Senator Rick Scott
502 Hart Senate Office Building
Washington, DC 20510
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U.S. Representative Carlos Gimenez
448 Cannon House Office Building
Washington, DC 20515
4. This resolution shall take effect upon adoption.
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M.3.a
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 7
Florida, at a regular meeting of the Board held on the 181h day of January, 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James Scholl 0
Commissioner David Rice x
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9
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA U)
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BY 0
MAYOR CRAIG CATES
(SEAL) 2
ATTEST: KEVIN MADOK, CLERK APPROVED AS TO FORM & LEGAL SUFFICIENCY 0
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By
AS DEPUTY CLERK Robert B. Shillinger, Monroe County Attorney 0
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