HomeMy WebLinkAboutR-18-0152City of Miami
Resolution R-18-0152
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3948 Final Action Date: 4/12/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION RETROACTIVELY
AUTHORIZING THE CITY OF MIAMI TO PARTICIPATE AS A SIGNATORY ON
THE AMICUS CURIAE BRIEF BEING DRAFTED AND FILED BY THE CITY OF
LOS ANGELES, CALIFORNIA IN SUPPORT OF THE AFFIRMANCE OF THE
NATIONWIDE INJUNCTION AGAINST RESCINDING THE DEFERRED
ACTION FOR CHILDHOOD ARRIVALS ("DACA") PROGRAM, AT -ISSUE IN
MARTIN JONATHAN BATALLA VIDAL, ET AL. V. KIRSTJEN M. NIELSEN, ET
AL., CASE NOS. 18-485 AND 18-488, IN THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, on June 15, 2012, the United States Department of Homeland Security ("DHS")
issued a memorandum, entitled "Exercising Prosecutorial Discretion with Respect to Individuals
Who Came to the United States as Children" which established the program known as Deferred
Action for Childhood Arrivals ("DACA"); and
WHEREAS, DACA provided certain undocumented persons who entered the United States
before the age of sixteen (16), also known as Dreamers, a period of deferred action and
eligibility to request employment authorization; and
WHEREAS, the City of Miami ("City") is home to many immigrants from many parts of the
world who attend school, own homes, start businesses, and started families; and
WHEREAS, the Commission recognizes the social, cultural, and economic contributions of
Dreamers; and
WHEREAS, on September 5, 2017, DHS issued a new memorandum rescinding the June
15, 2012 memorandum to initiate the orderly phasing out of the DACA program; and
WHEREAS, the Commission urges the federal government to make it a priority to keep
families together and maintain DACA; and
WHEREAS, a lawsuit was filed in Martin Jonathan Batalla Vidal, et al. v. Kirstjen M. Nielsen,
et al., Case No. 16-cv-04756, United States District Court for the Eastern District of New York,
challenging the termination of DACA; and
WHEREAS, the United States District Court for the Eastern District of New York entered a
nationwide injunction against rescinding DACA; and
WHEREAS, the District Court's order was appealed to the United States Court of Appeal for
the Second Circuit in Martin Jonathan Batalla Vidal, et al. v. Kirstjen M. Nielsen, et al., Case
Nos. 18-485 and 18-488; and
City of Miami Page 1 of 2 File ID: 3948 (Revision:) Printed On: 3/31/2025
File ID: 3948 Enactment Number: R-18-0152
WHEREAS, a national coalition of local governments, the National League of Cities, and the
United States Conference of Mayors, are planning to jointly file an amicus curiae brief in support
of the nationwide injunction against rescinding DACA; and
WHEREAS, the amicus curiae brief was filed on or before April 9, 2018; and
WHEREAS, the Commission wishes to lend its support to these efforts; and
WHEREAS, the Commission retroactively authorizes the City to participate as a signatory on
the amicus curiae brief in support of the nationwide injunction against rescinding DACA;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Commission retroactively authorizes' the City to participate as a signatory
on the amicus curiae brief in support of the nationwide injunction against rescinding DACA.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 4/3/2018
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 3948 (Revision:) Printed on: 3/31/2025