Protestors gathered in opposition ahead of a hearing last week, which was ultimately continued, to decide whether to issue an injunction and block the training and implementation of Bucks County Sheriff Fred Harran’s ICE 287(g) immigration partnership agreement until a lawsuit is decided.
The contentious agreement – accused of being unlawful by American Civil Liberties Union PA because it was not agreed to by Bucks County Commissioners – remains undecided as Bucks County Common Pleas Court Judge Jeffrey Trauger urged both sides to “compromise” on the agreement before he continued the hearing to September 26 to allow for final testimony.
“The sheriff’s decision to unilaterally enter this agreement without the approval of the elected County Commission is not only reckless, it is illegal,” said Diana Robinson, co-executive director of Make the Road Pennsylvania, in a statement.
The Philadelphia Inquirer reported on Tuesday Harran told the news outlet that participating deputies in his office were “trained and certified” under 287(g) but had not received federal “technical capabilities” to move forward and carry out “de facto” ICE duties.
The ACLU and others sued Harran in June to block the 287(g) agreement’s implementation and requested the courts to block the agreement, they allege is “illegal.”
ACLU PA declined to comment as the case continues.
In April, Harran entered into a U.S. Immigration and Customs Enforcement or ICE 287(g) agreement, which would allow his elected office and some deputies among his staff to undergo training to become “de facto” ICE agents throughout Bucks County.
In June, Bucks County Beacon reported the ACLU PA sued Harran – and Bucks County – over the agreement and requested an injunction to stop it.
According to the ACLU PA, Harran entered into the partnership without the consent of Bucks County Commissioners, who affirmed they are the sole governing body – under Pennsylvania state law and its Constitution – with the authority to enter into contracts and agreements with others.
Hundreds of immigrant rights supporters, including those from Indivisible, Make the Road Pennsylvania and The Welcome Project rallied, vowing to oust Harran from his position in November’s election, The Philadelphia Inquirer reported.
Opponents of the agreement contend ICE 287(g) agreements break trust between local immigrant communities and local law enforcement; undermine due process rights, carry out racial profiling to allow for wrongful arrests.
On June 28, Harran lost his appeal for the case to be heard in federal court. At the time, U.S. District Court for the Eastern District of Pennsylvania Judge Juan R. Sanchez ruled the case should be removed back to the state, where it was heard on Tuesday – and continue to September 25.
The ACLU’s lawsuit filed in the Court of Common Pleas of Bucks County, argues Harran entered into a “unilateral and illegal” 287(g) agreement with Immigration and Customs Enforcement (ICE) in order to allow county deputies to become certified and act as “de facto” ICE agents.
A recent announcement The Department of Homeland Security was offering to pay deputy salaries and arrest bonuses to grow ICE ranks and swell deportation numbers calls into question conflict of interest employment pacts between local law enforcement and those who hire them, Bucks County Beacon reported.
Harran did not respond to an email request for comment.
On multiple occasions – and reported by several media outlets including Bucks County Beacon – Harran has insisted he will not comply with all ICE 287(g) contract mandates and is only interested in checking the legal status of those who are arrested and already incarcerated.
In a Bucks County Beacon exclusive report published in April, Harran’s pending application for an ICE 287(g) agreement with the Department of Homeland Security was made public.
At the time, Harran said “If this program doesn’t work and it seems to be going down the wrong road I will rip up the paperwork – I will ditch it as fast as I took it.”
It’s unclear once begun, how such partnerships are dissolved.
