Bucks County Commissioners voted on a resolution 2-1 to reaffirm – and remind – anyone with doubts that they are the sole legal governing body able to enter into contracts with other entities, including the federal government.
The resolution was in response to an agreement between the Bucks County Sheriff’s office and Immigration and Customs Enforcement. Sheriff Harran signed up for ICE’s 287(g) “task force model,” a program described as a “force multiplier” that empowers local deputies to become de facto ICE agents. Harran has also failed to share any ICE documentation with the country commissioners or County Solicitor Amy Fitzpatrick.
“We have a worry, obviously, about allowing other entities to enter into contracts … which may bring lawsuits against this county, which we will have to foot the bill for. I do believe it is necessary for us to restate what should be obvious … when it comes to entering into these contracts [it is commissioners] and not an elected official,” said Bob Harvie, president of Bucks County Board of Commissioners.
The American Civil Liberties Union Pennsylvania is in the process of filing a lawsuit over Harran’s decision to independently enter an agreement with ICE without county commissioners approval. The outcome in Bucks County could set legal precedent over similar agreements attempted by non-governing elected officials in other jurisdictions across the state depending upon the courts decisions over who has contractual authority.
A letter sent May 13 to Harran, commissioners and other county employees from ACLU PA said a lawsuit was “imminent” unless Harran withdrew the application, which was subsequently approved by ICE officials.
In an email sent Wednesday, representatives from ACLU PA said details of the complaint were “still being worked out” and that the county would be a “necessary defendant” because the “sheriff cannot act independently in this context because his authority is derived from (and dependent on) the county’s.”
“I commend the commissioners for standing up for the rule of law, and calling Fred Harran out on his half-baked scheme to use county resources to do ICE’s deportation work instead of cutting down on the thousands of outstanding warrants on his desk,” said Danny Ceisler, a Democrat running against Harran to become Bucks County Sheriff in November’s election.
As of publication, efforts to reach Harran for comment were unsuccessful. A request for comment from the Pennsylvania Attorney General’s office regarding investigations into Harran’s ICE application was also unsuccessful.
“It is clear from our interpretation of the law that this body – the board of commissioners – is the sole authority when it comes to entering into contracts.” – Bucks County Board of Commissioners President Bob Harvie
Commissioners Diane Ellis-Marseglia and Harvie, both Democrats, voted to adopt the resolution. Commissioner and board Secretary Republican Gene DiGirolamo was the lone no vote.
The resolution does not change the legal responsibility for entering agreements – which belongs to Bucks County Commissioners and is codified in the Pennsylvania Constitution and under state law, according to the ACLU PA.
“It is clear from our interpretation of the law that this body – the board of commissioners – is the sole authority when it comes to entering into contracts,” Harvie said.
ICE officials in Washington, D.C., approved Harran’s application earlier this month.
DiGirolamo, the only no resolution affirmation vote, has known Harran for more than 35 years and worked with him during their public service time in Bensalem.
“Through the years I have admired Fred and his commitment [to our communities] … and I trust him,” DiGirolamo said.
During more than an hour of public comment three residents spoke in favor of Harran and the ICE 287(g) “task force model” agreement. The majority of speakers were opposed.
Multiple speakers cited ICE’s history of law enforcement abuses, wrongful arrests and deportations, round ups and raids, as well as harm to immigrant and marginalized communities, their fragile relationship with law enforcement officers and a reluctance to report crimes.
Laura Rose, a Newtown resident and member of Bucks County Indivisible, said the ICE 287(g) partnership with Bucks County would cost taxpayers by inviting lawsuits.
Sheriff Harran “unilaterally entered into a 287(g) agreement. We now face paying his legal fees for a suit already threatened by the ACLU. The sheriff has retained legal counsel that Bucks County taxpayers are also going to have to pay for,” Rose said.
Harran previously said his intention for the ICE 287(g) agreement was to access federal databases to determine if those suspected or arrested for crimes were also here illegally – something he already had access to. He has maintained he has no interest in conducting “door-to-door” raids or round ups on the street and said in a previous report that was “against his policies.” Repeated requests to Harran to see any actual policies regarding this have been unanswered.
Wally Zimolong, founder of Zimolong LLC in Wayne, Delaware County, is aligned with Stephen Miller’s America First (Legal) Organization and a member of Harran’s legal counsel team.
READ: America First Legal: Stephen Miller’s Outside Army
“I want it on the record that America First [Legal] is anti-immigrant, anti-LGBTQ+ and was a member of the Project 2025’s advisory board. If there was ever any doubt about the sheriff’s intentions for 287(g), I think getting counsel from America First [Legal] answers that question,” Rose said.
America First Legal is a MAGA non-profit organization with claims on its website to be “… the long-awaited answerto the ACLU.”
America First Legal’s founder, Stephen Miller, currently serves as White House deputy chief of staff for policy in the Trump Administration. The legal organization seeks to push the MAGA agenda through legal battles in the court system, surrounding topics such as immigration, diversity, or LGBTQ+ rights.
“True to form, Fred Harran is doubling down on an enormous waste of taxpayer funds, in support of a plan that will inevitably hurt public safety in Bucks County,” added Ceisler. “It continues to defy logic.”
The Bucks County Commissioners meeting is available on its website.
