Judge upholds county sheriff’s ICE cooperation agreement

A judge on Wednesday rejected a lawsuit aimed at blocking Bucks County Sheriff Fred Harran’s cooperation agreement with federal immigration authorities.

Bucks County Court of Common Pleas Judge Jeffrey Trauger ruled Wednesday afternoon that the organizational and individual plaintiffs failed to demonstrate the necessary “substantial, direct and immediate interest” in the outcome of the litigation under Pennsylvania law.

The lawsuit, which was filed in the summer, was brought by Make the Road States Inc., NAACP Bucks County Branch 2253, Buxmont Unitarian Universalist Fellowship, and county resident Juan Navia. They alleged the 287(g) agreement would lead to warrantless searches, arrests and detentions of county noncitizens, harm community relations with law enforcement, and involve an illegal diversion of taxpayer money. They also alleged the agreement required approval from the Bucks County Commissioners.

Trauger noted that Navia’s allegations of increased risk of racial profiling and subjective fears were not supported by any “actual incidents where he or others he knows were a victim of any of these unlawful events.”

https://embed.documentcloud.org/documents/26187639-decision-make-the-road-states-inc-et-al-v-harran-et-al-10-15-2025/?embed=1

The ruling allows Harran, a Republican running for reelection, to implement the 287(g) program’s “Task Force Model” with U.S. Immigration and Customs Enforcement (ICE.) 

The program deputizes local law enforcement to perform certain federal immigration enforcement functions, according to federal paperwork reviewed by this news organization. 

The court found that none of the plaintiffs had proper legal standing under state law, with the exception of a crossclaim brought by Bucks County government itself against the sheriff.

The county government filed its crossclaim in August, and Trauger found that the county had standing, but ultimately concluded that the agreement between Harran’s office and ICE is “not an enforceable contract” and did not need approval from the commissioners.

The judge noted the sheriff’s office has previously entered into memorandums of understanding with the U.S. Marshals Service and U.S. Immigration and Customs Enforcement Homeland Security Investigations without approval from the commissioners.

James O’Malley, a spokesperson for county government, said the commissioners planned to appeal the decision related to their claim over the sheriff needing the commissioner’s approval. 

The county’s two Democratic commissioners, by resolution, had previously voiced concerns over the program’s unfunded nature and potential liability.

The ruling found the sheriff’s limited cooperation was “clearly lawful under Pennsylvania jurisprudence” and “reasonable and necessary” to his duties as sheriff.

The Pennsylvania Sheriffs Association and two sheriffs from rural counties filed to support Harran in the case.

Harran has signed up 15 deputies to be part of the ICE program, giving them the power to question any person they “believe to be an alien,” process paperwork for those in the country illegally, and detain and transport arrestees to ICE facilities. The sheriff did not accept some federal authority in the agreement, including to arrest without felonies, serve immigration violation warrants, and issue immigration detainers.

In a statement after the decision was issued, Harran called it a “victory for the law-abiding residents of Bucks County and a validation of a common-sense approach to public safety which fully leverages partnerships and resources to keep our communities safe.”

Harran, a former police officer and public safety director for Bensalem Township, called the 287(g) program a force multiplier for his office. 

Despite the scope of the authority in the agreement, the sheriff has called it a “narrow and specific function.”

Harran had previously stated his deputies would not conduct immigration raids, telling this news organization that the program would “be used on people with warrants, who have already committed a crime.” He noted deputies would have access to law enforcement data they previously couldn’t access.

A statement from Make the Road Pennsylvania and the ACLU of Pennsylvania after the decision was issued said the groups “reject the ruling,” calling the sheriff’s 287(g) participation “illegal and dangerous.” 

“This fight is far from over,” said Stephen Loney, the senior supervising attorney at the ACLU of Pennsylvania. “It’s unfortunate that the judge in this case failed to appreciate what the law clearly states; the sheriff does not have authority to sign onto a 287(g) agreement with ICE. We will appeal this decision and, in the meantime, we will continue to work to hold Sheriff Harran accountable to the rule of law.” 

The groups said they will keep watch of Harran’s actions in the program. 

“This is not about public safety. This is about intimidation. This is about turning our neighborhoods into surveillance zones. This is about weaponizing local law enforcement to carry out ICE’s harmful agenda. This decision doesn’t mean that we’ll stop fighting to hold Sheriff Harran accountable. Rather, we will redouble our efforts in this case and continue to fight for what is right,” said Diana Robinson, co-executive director of Make the Road Pennsylvania.

The decision follows hearings held last month on Sept. 16 and Sept. 26. 

The 287(g) program, which is being pushed by President Donald Trump’s administration, has faced criticism for crossing the lines between local and federal law enforcement and for potentially deterring immigrants from cooperating with local authorities. 

The decision comes weeks before Election Day when Harran is facing off against Democratic candidate Danny Ceisler for the sheriff job. 

“The 287(g) partnership will hurt public safety, and today’s decision leaves us with one final option to end this dangerous program – defeating Fred Harran on November 4,” said Ceisler.

The Bucks County Courier Times reported in June that Harran is being represented and will have his costs covered by conservative law group America First Legal, which was co-founded by Trump advisor Stephen Miller, who has been credited with leading the administration’s immigration enforcement drive.

The sheriff’s office employs 76 deputies and works with the county’s 39 local police departments.

In Pennsylvania, sheriffs oversee the row office that dates back hundreds of years. The office handles the transport of prisoners to and from Common Pleas Court, serves warrants and makes arrests, deals with civil matters, manages sheriff’s sales, and is authorized to keep the peace. While the office is a law enforcement agency, deputies have limited investigative authority and have roles different from that of police officers.