The Lackawanna County commissioners postponed action Wednesday on a proposed policy regulating the way employees interact with federal immigration agents and other law enforcement.
The decision drew applause from more than a dozen advocates who want a tougher county stance against the interactions.
They favor an approach similar to what Commissioner Bill Gaughan proposed two months ago. Gaughan wants the county to block employees from aiding immigration agents in any way unless there’s a court order, official subpoena or judicial warrant.
Gaughan and fellow Democratic Commissioner Thom Welby voted to table the policy, which Welby proposed as a compromise to Gaughan’s approach.
Gaughan said he’s willing to discuss a compromise but called the policy a “watered-down” version of the Protect Our Neighbors ordinance he’s pushed for two months.
“It leaves gray areas where I would prefer — and I think most people that got up and spoke today would prefer — clear boundaries,” Gaughan said.
Chermak chimes in
For the first time since Gaughan turned immigration enforcement into a county issue two months ago, Commissioner Chris Chermak, a Republican, came out emphatically against broadly regulating employee interaction with immigration agents. He voted against postponing a vote.
Chermak read a list of 14 Americans killed or victimized by “illegal aliens.”
“We talk about protect our neighbors,” Chermak said. “Who’s protecting them? Who protected them? They lost their lives because of illegal aliens, people that shouldn't have been here, people that had rap sheets and people that ICE agents were looking for.”
Afterward, Welby said the commissioners would discuss further a potential compromise. He and Gaughan vowed to oppose county involvement in 287 (g) agreements.
The agreements between federal and local governments give local police limited power to help enforce immigration laws.
What the policy would do
Welby’s policy would require employees to:
- Politely ask any law enforcement officer’s name, agency and credentials or badge number.
- Ask whether the officers seeks a specific person, has a warrant or is asking for records, files or access to a restricted area.
- Request copies or judicial or administrative warrants, court orders, subpoenas or other legal documents.
- Contact a supervisor or the county chief of staff.
“Front-line employees should not independently make determinations about the legal validity or scope of any presented document,” the policy says.
The policy also outlines when to call in the county solicitor, circumstances that include warrants and requests for access to restricted areas. It also requires training employees in dealing with law enforcement and protecting confidential records.
The county posted a draft of the policy on its website Tuesday, which several speakers viewed as too short notice to properly evaluate it.
Policy opponents on one side
Shawn Reilly, a Thornhurst resident, pointed out the meeting agenda referred only to “adopting an enforcement policy,” with no mention of its connection to immigration.
“Perhaps by design, this title could not be more vague,” Reilly said. “Perhaps it should have been called the stand-down-and-keep-our-mouth-shut-policy.”
He pointed to the commissioners previously voting against releasing the county solicitor’s memos evaluating the potential pitfalls of Gaughan’s proposal.
“Why is there a desire to not be transparent with the public and be secretive about issues we're all concerned about?” Reilly asked.
Gaughan released the memos anyway.
In response, Welby told Reilly the policy would apply to all law enforcement officers, not just immigration agents, which explains the title.
Beth Perry, a Clarks Summit resident, warned any cooperation with federal Immigration and Customs Enforcement agents could lead to costly lawsuits if the agents detain someone illegally with the county’s help.
“Immigration enforcement is the job of the federal government, and the county need not involve itself in any way whatsoever,” Perry said. “I don't know how much money the Lackawanna County coffers hold, but I don't want my tax dollars to be spent on litigation that could have been avoided.”
Terilynn Brechtel, an official with United Neighborhood Centers of Northeastern Pennsylvania, urged adoption of “a policy that explicitly limits cooperation with federal immigration enforcement to only what is legally required.”
“In our work, we see how fear and uncertainty shapes behaviors in ways that extend beyond accessing services,” Brechtel said. “It affects whether someone reports a crime, whether they feel safe sending their children to school, whether they seek help in a crisis, and whether they engage in the community at all.”
Brenda Starker complained the policy doesn’t cover county deputy sheriffs, the prison or local police.
“What is the county's protocol if immigration enforcement appears at or near polling locations, and how will voters be protected from intimidation?” Starker asked. “Polling places must remain spaces of safety and access and where people can participate fully without fear.”
Jenny Gonzalez, a Scranton resident, called the policy “the skeleton version of the Protect Our Neighbors ordinance.” Gonzalez pointed out the policy leaves out a ban on 287 (g) agreements and federal law specifically says the county doesn’t have to cooperate with ICE.
“In my opinion, this proposal does not protect the immigrant and refugee populations in our county,” Gonzalez said. “In fact, it almost read as it were only to intended to protect county officials and not the county residents in the new policy proposal.”
She urged the county to avoid asking someone’s immigration status if the person asks for county services.
“If a county chooses not to collect immigration or citizenship data in the first place, there is simply no information to share with DHS (Department of Homeland Security),” she said.
Policy opponents on the other side
Three residents pushed back on the need for any regulation and urged allowing ICE to do its job. A policy or ordinance would turn Lackawanna into “a sanctuary county,” said Mike Giannetta, a Scott Twp. supervisor and former Chermak running mate for commissioner.
“We see every day a woman, child being raped, murdered, assaulted, abused by illegal aliens," Giannetta said. "This is simply not sustainable. It's not tolerable. American citizens should not have to put up with this. Lackawanna County needs to be cooperating with federal law enforcement officials to remove illegal aliens from our area and our country, not limiting the ability to cooperate with them.”
William Torbeck, a Scranton resident, brought some of the same victims' names as Chermak.
“Is that really what we want more of? Because obviously, we have some people who are going to ignore it. It’s willful ignorance,” Torbeck said.
Former Commissioner Laureen Cummings accused Gaughan and Welby of trying to control employees’ speech.
“You want to pass an ordinance for our employees to break the law. How does that make sense to anyone? I don't understand that. Please explain that to me,” Cummings said. “How many of you stop police officers in the middle of the street and blow whistles in their ears to prevent them from doing their job? It's shocking to see what's happening in this country, and it's shocking to hear that people want to continue that in our county.”
Chermak later echoed Cummings.
“As a county commissioner, I believe that I the county and its employees should follow the law, and if there are any questions regarding what the law is, we should immediately consult with our county solicitor’s office for guidance,” Chermak said.
'Apprehend the worst of the worst'
But County Controller Gary DiBileo, who attends each meeting and sits at a table in front of the commissioners, praised Gaughan and Welby for providing guidance on dealing with ICE.
“We all want ICE to do what was originally promised by our government, which is to apprehend the worst of the worst, illegal immigrant criminals,” DiBileo said.
“Unlike our trained local police,” ICE agents too often scoop up people “without legal warrants, and based on the color of their skin,” he said.
“Let's not sugarcoat it. Our policy you are voting on today is dealing with government agents that have killed people for protesting their aggressively hostile actions,” he said, referring to the deaths at ICE agents’ hands of two Minnesota protestors.
Many politicians, he said, “want us to believe that the people crossing our southern border from South America are all rapists, murderers, drug dealers or from insane asylums.”
“That is a lie. The vast majority of people crossing the border are trying to escape famine, poverty, violence, war and natural disasters,” he said. “Quite simply, they are desperate ... We are a nation of immigrants, and if our ancestors only needed to cross a river to save their families, instead of needing to cross an ocean by ship, our ancestors would have crossed us across that river.”
