Democratic Lackawanna County Commissioner Bill Gaughan called Wednesday for his colleagues to consider an ordinance explicitly stating that federal immigration law is not the county’s responsibility and prohibiting any county agent or agency from assisting in any capacity with immigration enforcement.
It followed extensive public commentary by residents, immigrant-rights advocates, faith leaders and others who overwhelmingly praised Gaughan for his recent scathing criticism of federal immigration crackdowns on moral grounds. A standing room only crowd of about 60 attendees turned out for Wednesday’s commissioners meeting where immigration-enforcement concerns monopolized the public comment period, with several speakers urging the county not to cooperate with those operations.
The ordinance that Gaughan discussed thereafter, referring to it as the “Protect Our Neighbors Act,” specifically says the county won’t support or assist federal Immigration and Customs Enforcement or Customs and Border Protection agents if they request information from the county for the purposes of immigration enforcement, among other features.
It would also bar county agencies and officials from investigating a person’s citizenship or immigration status for the purpose of immigration enforcement, prevent the county from entering into agreements that permit state or local governments to enforce federal civil immigration laws and prohibit any contract or agreement whereby federal immigration detainees would be housed in the county prison.
Under the ordinance, unless presented with a “valid and properly issued judicial warrant,” the county would not permit ICE or CBP agents to access a person in the county’s custody, would not transfer any person to ICE or CBP, would not spend time responding ICE or CBP inquiries and would not permit agents from either agency to use county facilities, information or equipment for investigative purposes related to immigration enforcement.
A sample version of the ordinance would also prohibit county agencies and officials from requesting information from a person about their citizenship or immigration status “unless such inquiry or investigation is required by court order or state or federal law.”
“This ordinance codifies what is already clear under the law: that federal immigration law is not the responsibility of the county and that expending county resources to do so runs contrary to the county’s values and responsibilities to its residents,” the sample ordinance says.
Gaughan, who recently called for clear guidance on the county’s legal rights and responsibilities as it relates to ICE operations, made a motion that the ordinance be placed on the agenda of the next commissioners work session for discussion with a goal of eventual passage. That motion passed unanimously with the bipartisan support of fellow Commissioners Thom Welby, a Democrat, and Chris Chermak, a Republican.
Wednesday’s discussion comes amid fierce nationwide debate over federal immigration enforcement tactics under President Donald Trump, a debate inflamed last month by the fatal shootings in Minneapolis of American citizens Renée Nicole Good and Alex Pretti by federal immigration agents.
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