Bucks County Sheriff Fred Harran speaking on Friday (Credit: Tom Sofield/LevittownNow.com)
The Bucks County Commissioners have reaffirmed what they say is their authority to enter into contracts with U.S. Immigration and Customs Enforcement (ICE) amid a dispute over the sheriff’s attempt to partner with the federal agency.
The resolution, which passed Wednesday by a 2-1 vote, declares the commissioners are “vested with the corporate power of the County of Bucks as the sole contracting authority.”
County Solicitor Amy Fitzpatrick, who is running for Court of Common Pleas judge, explained the resolution “reaffirms that the Board of Commissioners have not delegated their legal contractual authority” and was prompted by “the County of Bucks having been threatened with legal action due to an apparent attempt to contract with ICE.”
The controversy stems from Republican Sheriff Fred Harran’s application to participate in ICE’s 287(g) program.
The “task force model” of the program, for which Harran’s office received approval from federal authorities recently, would grant select, trained sheriff’s deputies the power to perform certain immigration enforcement functions that are typically reserved for federal agents.
Harran has stated he does not plan to conduct immigration raids and touted the benefits of increased access to federal databases and training for his deputies.
Commissioner Gene DiGirolamo, a Republican who voted against the resolution, stated he has trust in Harran, citing their 35-year professional relationship.
“When it comes to public safety and law enforcement, I trust Fred,” DiGirolamo said. “I’ve watched him for 30-some years plus working in law enforcement and I watched how he’s protected our communities.”
DiGirolamo stated he believes the sheriff’s intentions are focused on “criminals and violent criminals” rather than “going into homes and pulling people out of homes and arresting them.”
As DiGirolamo spoke, a woman called out from the audience and said he was “fill of s**t.”
When questioned by Democratic Commissioner Diane Ellis-Marseglia, DiGirolamo admitted he had not seen the actual contract between the sheriff and ICE. Ellis-Marseglia said she had not seen the agreement.
Fitzpatrick stated the sheriff never provided a copy of the signed agreement to the law department or the commissioners.
The meeting included public comment, with residents divided on the issue.
Several Bucks Countians expressed concerns about the sheriff’s office participating in immigration enforcement.
Zachary Rubin opposed the sheriff’s actions and drew parallels to the historical treatment of undocumented Jews in Europe before World War II.
“I am strongly opposed to any county agency adding to the optics of law enforcement going into people’s homes and arresting them without because they do not have documentation,” Rubin said.
Jackie Quinn Palmer questioned adding immigration enforcement responsibilities to the sheriff’s department.
“The Bucks County Sheriff’s Office has many important jobs keeping our county safe… I just don’t think being part of the deportation should be and is part of the responsibility,” she said.
Sharon Furlong, a retired psychologist, voiced concern about the psychological impact on law enforcement officers.
“I am very concerned with the impact, the psychological and physical impact of increasing the strain, the anxiety and the stress on our wonderful, talented and usually overburdened police officers and sheriff’s deputies.”
Other residents during public comment supported the sheriff’s office joining the program.
Stephanie Inselberg said the program would enhance community safety and save money.
“Our sheriff wants to check the status of individuals that have been picked up on outstanding warrants in Bucks County and possibly turn those individuals over to the federal authorities,” Inselberg said. “Not only does this make our community safer, but it saves our county a lot of money.”
Andy Warren, a former GOP county commissioner, stated he supports the sheriff’s efforts.
Bill Levinson, a lawyer with over 40 years of experience, questioned the legality of the sheriff’s actions.
“The Bucks County Sheriff’s Office does not have the legal right to execute a federal ICE warrant in Bucks County,” Levinson said. “The legal authority to execute a warrant in Bucks County cannot be granted by the federal government or the president.”
The county’s legal team is of the opinion the county government could be held financially responsible for any lawsuits related to the 287(g) program. The county has a $500,000 deductible for each legal claim under its liability coverage, the Bucks County Courier Times reported earlier this month.
Some governments involved in the 287(g) program in the past have had to pay lawsuits, including the Maricopa County Sheriff’s Office in Arizona.
The ACLU of Pennsylvania has threatened to sue the sheriff’s office and stated the Pennsylvania Constitution and the state’s Intergovernmental Cooperation Act require commissioner approval through a resolution or ordinance for an agreement.
“The Sheriff’s Office cannot lawfully enter into a 287(g) agreement with ICE without the Bucks County Commissioners passing a resolution or ordinance authorizing such an agreement,” a letter signed by ACLU lawyers stated.
When asked by DiGirolamo what would happen if the resolution failed, Fitzpatrick clarified it would not change the situation.
“If this resolution were to fail, what would be in place is simply the law. And the law states that it is the commissioners that have the contractual authority on behalf of the county,” Fitzpatrick said. She added that the law department’s interpretation is that “it is only the county commissioners that could enter into such an agreement such that it would be valid.”
Commissioners Bob Harvie and Ellis-Marseglia, both Democrats, voted in favor of the resolution, while DiGirolamo opposed.
The sheriff did not have comment on the commissioners’ actions on Wednesday.
