The American Civil Liberties Union of Pennsylvania sent a letter Monday to Bucks County Sheriff Fred Harran demanding he immediately withdraw his office’s application to become a partner in ICE’s 287(g) “task force model.”
The letter noted that the Bucks County Commissioners – the county’s legitimate “governing body” – had not voted for or approved a resolution or ordinance to allow the ICE agreement – something legally mandated by the Pennsylvania Constitution and the Pennsylvania Intergovernmental Cooperation Act.
Under the ICE application submitted by Harran, and first made public in an April exclusive report by Bucks County Beacon, the sheriff applied to become part of an ICE 287(g) “task force model” partnership, a program described as a ‘task force multiplier’ as it trains and then deputizes local law enforcement officers to act as de facto ICE agents as they perform their day-to-day duties.”
ACLU PA Legal Director Witold J. Walczak said he expects ICE agency representatives will sign the agreement – unless Harran pulls it first.
“I have every expectation that unless the sheriff withdraws the application ICE will approve it. If it does get approved – and is going into effect – the county is likely to face legal action,” Walczak said.
According to the County Commissioners, the Sheriff’s office refuses to share any information with them about the ICE agreement.
“We are aware of the letter sent to the Sheriff regarding his plan to contract with ICE. No signed agreement has been presented to the county commissioners for review and approval,” said James T. O’Malley, deputy director of communications for Bucks County Commissioners. “The county contacted the Sheriff’s solicitor and sought information from ICE regarding the Sheriff’s authority and have not heard back. Since the County of Bucks may also be named as a party in potential litigation, we cannot comment further.”
READ: Bucks County Commissioners Meeting Packed with Residents Fired Up Over Sheriff’s ICE Agreement
The notification letter was sent to Harran, Bucks County Commissioners and other county employees, including its solicitor. It said there are complaints about the ICE partnership, and that ACLU PA is representing a client “with concerns regarding the application.”
Efforts to reach Sheriff Harran were unsuccessful.
Democratic candidate for Bucks County Sheriff Danny Ceisler said “this is just more proof that Fred Harran really didn’t think this through before telling the White House he’d sign up.”
Ceisler, an attorney, military veteran, public safety expert, pointed out Harran’s failure to determine whether he was entering this ICE partnership legally.
“If you are looking to massively expand the authority of your office, the very first question should be whether you have the legal authority to do it,” Ceisler told the Bucks County Beacon by email.
The letter “respectfully requests” the application be withdrawn “immediately.” If it proceeds and is approved by ICE, ACLU PA will be forced to “enjoin,” or seek a court order to stop the sheriff’s application.
“Bucks County taxpayers will be on the hook for litigation costs and any liability incurred for unauthorized actions taken by your [Harran’s] office,” the ACLU letter said.
Residents packed the May 7 Bucks County commissioners meeting with public comment stretching to 90 minutes – or roughly three times – the regularly allotted time.
READ: ICE Deports Immigrant Mother of an Infant and 3 Children Who Are US Citizens
Residents in favor – and opposed to – Harran’s ICE application spoke passionately about their reasons for picking sides. As of May 12, the Bucks County 287(g) application is still pending.
Harran has repeatedly said his version of the ICE practices would not include sweeps or raids, stating he has a “policy” in place to prevent round ups. ICE practices deputies to randomly challenge individuals on the street and conduct sweeps, roundups and raids. However, requests for a written policy from Harran have not been answered.
“Hopefully he takes steps to withdraw the application. At this point it would be an illegal agreement. If he does not it would most likely mean a lawsuit against Bucks County,” Walczak said.
For a nationwide map and links to pending and participating ICE partnership agencies visit: https://www.ice.gov/identify-and-arrest/287g.
