Bucks County Sheriff Fred Harran’s pending application to become an ICE 287(g) partner was finally approved, triggering what could become a lengthy – and costly – legal battle for local taxpayers.
The American Civil Liberties Union of Pennsylvania cautioned Harran in a letter Monday stating that unless he withdrew the application to become a partner in ICE 287(g) “task force model,” it would have no choice but to move ahead with litigation against the sheriff’s office and Bucks County.
“Unless the sheriff acknowledges his lack of legal authority, a lawsuit is forthcoming,” ACLU PA Legal Director Witold J. Walczak told the Bucks County Beacon in an email.
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.
“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 in a Monday interview.
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.”
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.”
READ: Bucks County Commissioners Meeting Packed with Residents Fired Up Over Sheriff’s ICE Agreement
“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,” Democratic candidate for Bucks County Sheriff Danny Ceisler told the Bucks County Beacon by email on Monday.
“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.
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.
