Detectives from the Miccosukee police force acting on an order signed by a tribal court judge took a baby from Baptist Hospital in Kendall, Fla., on March 18, according to the Miami Herald.
The baby was born to a Miccosukee mother and a white father. The parents say the order was a sham initiated by the baby's maternal grandmother, who they claim does not want a white father to be involved in the baby's life. The tribal order granted the baby's maternal grandmother custody.
The Miccosukee reservation is about 30 miles away from Baptist Hospital, and the tribal police force's jurisdiction mainly covers the reservation and properties owned by the tribe.
The baby's parents have filed complaints with Miami-Dade police, state prosecutors and the U.S. Bureau of Indian Affairs. State authorities are reviewing the incident and determining whether the tribal police acted lawfully in executing the tribal court order. Miami-Dade detectives are also investigating the incident, according to the report.
In a statement to the Miami-Herald, a hospital spokesperson said Miami-Dade police officers were with tribal police to enforce the order. "We obeyed law enforcement. It is our hospital's policy to cooperate with Miami-Dade law enforcement as they enforce court orders," the spokesperson said.
Miami-Dade police said their officers were misled by the tribal police sergeant, who requested backup while executing a "federal court order." Miami-Dade Capt. Sergio Alvarez told the Miami-Herald two officers were dispatched "solely in the role of keeping the peace" after the tribal police sergeant said the baby's father may pose a threat.
In a tweet on March 21, Sen. Marco Rubio, R-Fla., said, "Miccosukee tribe police used tribal court order to kidnap newborn baby from parents in Miami hospital. They don't have any jurisdiction outside reservation. I'm in contact with fed officials & this won't end well for tribe if they don't return child ASAP."
The Miccosukee tribe's legal adviser did not respond to the Miami-Herald's request for comment.
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