Bucks County judge considers sheriff’s ICE agreement as immigration advocates rally outside the courthouse

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Immigrant rights advocates gathered outside the Bucks County Courthouse on Tuesday as a judge began weighing whether the county sheriff’s participation in the controversial 287(g) program that expands local law enforcement authority to enforce federal immigration laws should be halted.

Advocates called for an end to Sheriff Fred Harran’s partnership with federal immigration authorities. Although the issue is now in the hands of a court, several dozen residents and activists said that they felt the need to continue to bring attention to the issue.

“When we talk about protecting the civil rights and liberties of our immigrant neighbors, the world is on fire,” said Danitra Sherman, deputy advocacy and policy director of the American Civil Liberties Union of Pennsylvania. “And I feel like in order for us to create change, we really have to do that in a collective effort and show that our power is in our numbers.”

The rally, led by Bucks County Indivisible and Make the Road Pennsylvania, drew several dozen supporters with signs, music and speeches from community leaders. Organizers said the 287(g) program — which deputizes local officers to carry out certain federal immigration functions — puts immigrant communities at risk and burdens taxpayers.

“Sheriff Harran’s decision to unilaterally enter this agreement without the approval of the elected County Commission is not only reckless, it is illegal,” Diana Robinson, co-executive director of Make the Road Pennsylvania, said in a statement.

Harran signed the agreement with ICE in April.

The legal challenge: Who can sign cooperative agreements with ICE?

The demonstration came ahead of a preliminary injunction hearing in Make the Road Pennsylvania, et al. v. Harran, a case filed in June by the ACLU of Pennsylvania, the Community Justice Project, the NAACP of Bucks County, the BuxMont Unitarian Universalists and a local Bucks County resident, against Sheriff Fred Harran. The lawsuit argues that Harran lacked the authority to sign the deal with ICE, bypassing the Bucks County Commissioners who oversee county contracts.

Commissioners have previously voiced opposition to the agreement, passing a resolution in May “reaffirming” commissioners’ sole contractual authority and stating that the 287(g) agreement is, therefore, not valid.

“I believe that there are too many instances of this administration, federal administration, taking actions that are not necessarily following [the] Constitution when it comes to habeas corpus, or whether it is any due process, it’s just not being followed,” said Commissioner Bob Harvie at the time. Harvie is also running for Congress against incumbent Republican Brian Fitzpatrick.

However, Harran told the court that he was “not obligated to” get the approval of the commissioners.

Marielle Macher, executive director of the Community Justice Project and an attorney for the plaintiffs, asked Harran whether his office would use “the power and authority” the agreement gave him “to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States.”

In response, Harran has insisted his department would not conduct raids or check immigration status during routine stops.

“It doesn’t say I must do that, it says that I have the power to do that. I have said 100 times I’m not doing that,” he told the court. “What we will be doing is that individuals that we come into contact with that have warrants for their arrest, we will be running all those individuals through the database, and if they are wanted by ICE, they will be turned over to ICE and detainers will be issued.”

Harran, however, also conceded that he could unilaterally change his mind and choose to follow the provision.

The plaintiff attorneys also questioned Harran over whether his office had the manpower to enforce immigration laws given that they hadn’t served more than 4,500 outstanding warrants.

“So if a deputy is asked to do more and more tasks, at some point that deputy won’t be able to complete everything, yes?” Macher asked. “It might even be fair to say that the lack of infinite hours in a day is why there are 4,500 outstanding warrants.”

“There’s other reasons,” Harran said, adding that he believed it would only take “20 to 30 seconds” to run names through the database.

“Will you be transporting people to ICE detention facilities?” Macher asked.

“Possibly,” Harran answered, conceding that the closest facility is 45 minutes to one hour away and that two deputies would be required to transport an individual, though he emphasized those instances would be rare.

An attorney for the county’s line of questioning focused on the liability issues that could arise as a result of the agreement, meaning that the sheriff was not unilaterally authorized to take on that level of financial risk.

According to the agreement, the county would “be responsible and bear the costs of participating [sheriff’s] personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability.” In a meeting in May, Commissioner Diane Ellis-Marseglia said the county’s insurance has a deductible of $500,000 per incident.

Community reaction: Due process vs. public safety?

Local immigrant rights groups argue the program increases racial profiling and discourages residents from reporting crimes.

“It has created fear within the community, especially those that are already marginalized,” Sherman told the crowd at the rally. “The brunt of these 287(g) agreements is always felt by Black and brown communities the most who become the targets of the unlawful racial profiling and harassment they manufactured. Families are in fear, worrying that their loved ones may not return home when they leave.”

While there didn’t appear to be any pro-287(g) presence at the courthouse, residents appeared divided at a Bucks County Commissioners meeting in early May, voicing both support and opposition. The crowd erupted in cheers and jeers as people like Betsy Falconi criticized the agreement as lacking due process.

“I am just disgusted with what’s being done with no due process,” she told WHYY News then.

Others, such as Fran Hiller, supported it as a matter of public safety, saying activists are “advocating for illegal aliens who have committed crimes.

“Do they not care about the safety of Bucks County residents?” she said at the public session.

According to court testimony, activists such as Heidi Roux, executive director at Immigrant Rights Action, have met with Harran several times to tell him about the dangers of the agreement.

Harran has responded that cooperating with federal authorities will “take dangerous criminals off the streets.”

“My fundamental goal since day one has been to prevent crime,” Harran said in court. “If I can prevent a victim of a crime … by way of deportation, sign me up.”

The hearing for the preliminary junction will continue Friday.