Bucks County Sheriff Fred Harran speaking on Friday. (Credit: Tom Sofield/LevittownNow.com)
A federal judge has sent a lawsuit concerning Bucks County Sheriff Fred Harran’s participation in an immigration enforcement program back to the county Court of Common Pleas.
U.S. District Judge Juan Sánchez issued an order and opinion Friday and ruled the case should remain in the county courts.
The decision comes after Harran, a Republican, sought to move the lawsuit filed against him and Bucks County government to the U.S. District Court for the Eastern District of Pennsylvania.
In early June, the ACLU of Pennsylvania and Community Justice Project, on behalf of Make the Road Pennsylvania, the NAACP of Bucks County, BuxMont Unitarian Universalist Fellowship, and Bucks County resident Juan Navia, filed a complaint against Harran.
The lawsuit challenges Harran’s signing of a 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE).
The 287(g) program deputizes local law enforcement to perform federal immigration enforcement duties.
The plaintiffs argue that the agreement with ICE was made without the necessary authorization from the Bucks County Commissioners, a point the commissioners confirmed last month.
According to the lawsuit, Pennsylvania’s Intergovernmental Cooperation Act and the Pennsylvania Constitution require such agreements to be approved by the governing body through an ordinance or resolution. The plaintiffs assert that no such action was taken by the commissioners.
The federal judge stated that Harran did not meet the criteria to move the case to federal court, noting that Harran had “no reasonable basis for removing this case.”
The judge wrote that Harran did not meet all the bar to move the case to the federal court. One of Harran’s arguments made in a filing was that he is “acting under” the U.S. Department of Homeland Security and U.S. attorney general.
In Pennsylvania, sheriffs are elected row officers and are not appointed by county commissioners, who do not have day-to-day control over the sheriff’s office, which primarily works with the county’s courts.
The judge granted the plaintiffs coverage of their court fees.
Harran’s attorney’s have since filed a notice of appeal.
Attorney Wally Zimolong is representing Harran.
The Bucks County Courier Times reported that America First Legal, a conservative legal organization with ties to Deputy White House Advisor Stephen Miller, is covering Harran’s legal expenses.
Miller is one of the key architects between President Donald Trump’s immigration crackdown and deportation effort, according to reports.
The lawsuit stated the commissioners disavowed the agreement between Harran’s office and the federal government at a May meeting and 2-1 passed a resolution that deemed it “unauthorized” and “not approved or delegated for approval by the Board of Commissioners.”
Despite the commissioners’ stance, the court filing claims Harran has continued preparations to implement the agreement and arrange for training of sheriff’s office personnel to work with ICE.
Harran has previously told this news organization that his office is not planning to conduct immigration raids. He stated he wants a small group of his 70-plus deputies to participate in federal training, which he says is offered at no cost. He also noted the program would provide his office access to federal immigration databases.
The plaintiffs contend in their lawsuit that implementing the 287(g) agreement could cause harm by diverting county resources, increasing the risk of racial profiling and civil rights violations, and undermining public safety by eroding trust within immigrant communities. They also expressed concerns about the proper use of tax dollars and an increased risk of profiling by the sheriff’s office.
The lawsuit seeks a judicial declaration that the agreement between Harran and ICE is unlawful and void, and requests an injunction ordering the defendants to terminate the agreement and immediately cease any implementation.
Harran’s attorney, the sheriff’s office, and the county government did not comment on the federal judge’s decision.
