A Bucks County judge has urged the parties in a lawsuit seeking to nullify an ICE agreement authorizing sheriff deputies to enforce federal immigration law to work out a compromise.
Following a four-hour hearing Tuesday, the attorneys representing Bucks County, Sheriff Fred Harran and the ACLU of Pennsylvania indicated they are open to negotiating a deal that would limit the scope of the controversial Immigration and Customs Enforcement program.
More than 100 people packed the hearing — an injunction request to stop enforcement of the agreement — at the Bucks County Justice Center before Common Pleas Court Judge Jeffrey Trauger.
Many in the courtroom had attended a rally at a county park across the street held earlier Tuesday that attracted roughly 200 immigration rights supporters. Many waited outside a fourth-floor courtroom for two hours after the hearing was delayed.
Bucks County is among more than 20 Pennsylvania counties where local law enforcement have implemented ICE’s 287g programs, according to the latest federal data. The participating agencies include local police, constables and sheriff departments.
The ACLU is seeking a preliminary injunction to stop Harran from implementing the ICE-supervised program while the court decides the merits of a lawsuit seeking to throw out the agreement authorizing it.
The ACLU and the Community Justice Project have sued Harran, in his professional and personal capacity, and Bucks County on behalf of immigrant and civil rights organizations in an attempt to invalidate the agreement.
On Tuesday it was learned that Bucks County also has filed a cross claim against Harran seeking to nullify the ICE agreement, meaning the county is both a defendant and plaintiff in the lawsuit. Harran applied for the program without the support of the county commissioners.
The Pennsylvania Sheriffs’ Association and the County Commissioners Association of Pennsylvania have also filed paperwork to join the lawsuit.
The lawsuit argues that Harran doesn’t have unilateral authority under state law and the Pennsylvania Constitution to hand over supervision of county officers to federal authorities without formal approval from the county commissioners.
The Democratic-majority commissioners approved a resolution earlier this year — after ICE approved Harran’s application — formally rejecting the 287g agreement, calling it invalid and unenforceable.
On Tuesday, though, Harran contended that as an elected row officer he doesn’t believe he has to answer to the commissioners. “I believe I have the authority,” Harran said of why he didn’t seek commissioner permission or approval.
He pointed to other agreements that his office has executed with the U.S. Marshal Services Fugitive Unit and the Department of Homeland Security to provide them assistance, which did not get county commissioner approval.
“Are they even aware of it?” Trauger asked.
“I don’t think so,” Harran said.
But ACLU attorneys countered that since he was elected Harran has presented county commissioners with more than 20 resolutions for approval.
Harran’s attorney Wally Zimolong appeared to imply that a court order is unnecessary since the program is not yet operational and there is no timetable for it.
Harran also testified that he had no idea when he’ll get final Department of Homeland Security clearance, ICE database access and required computer equipment. He also hasn’t completed writing the policy his deputies will be expected to follow.
The ACLU, though, countered that in his recent deposition testimony, Harran stated the program could become operational any day now.
During two hours of testimony Harran confirmed that 17 officers, including himself, have completed the six-hour online training to enforce federal immigration law while they are performing their routine duties.
He repeated assurances that he has no intention of exercising the full authority the agreement grants, which includes allowing deputies to question, detain and arrest individuals they suspect of violating immigration law, and assist ICE in broader immigration activities.
Harran testified that his officers would focus solely on undocumented immigrants charged with crimes who are incarcerated at the county jail.
Deputies would run all defendant names through the ICE database to check immigration status or if they have warrants or detainers, and notify ICE, process the detainer and, if necessary, transport the individual to a detention center.
Harran added that he believes that he can choose which duties in the agreement that he wants to enforce under the agreement, and he can ignore the rest.
But when ACLU attorneys pushed Harran on why, if he doesn’t intend to exercise the full authority, he has not requested a modification of the agreement, he repeated it was unnecessary.
“I’ve told you what my intentions are,” Harran said. “I’ve told you now 102 times what my plan is.”
The sheriff added that he has met with community leaders numerous times since April to address their concerns.
He also testified about an offer to let them designate individuals whom he could contact “to see what their thoughts were” before contacting ICE when a deputy has a suspected undocumented person in custody.
But community leaders rejected his offer, Harran said.
Several plaintiffs who met with Harran to discuss the 287g program testified that they felt he was not completely honest about his intentions and expressed concerns that Harran could change his mind at any time about how to implement the program.
Rev. Kevin Jogoe testified when he met with Harran he was led to believe that the sheriff had not made up his mind about participating; but later learned he had already submitted the application.
Trauger continued the hearing until Sept. 26 when the final three witnesses for the ACLU, members of Make the Road PA, an immigrant rights group and one of the plaintiffs, will testify.
