Lackawanna County is debating an ordinance one commissioner says turns county government into a ‘sanctuary’ jurisdiction

SCRANTON, Pa. — The Lackawanna County commissioners could soon consider an ordinance that that restricts cooperation with federal immigration authorities, a move the board’s chair said Wednesday turns the county government into a “sanctuary” jurisdiction and risks the ire of an “unpredictable” Trump administration that may be better handled by keeping “your mouth shut and your head down.”

The “Protect Our Neighbors Ordinance” is still under review by the county’s lawyers and is not up for a vote, but Commissioner Thom Welby, who chairs the board, said at a packed meeting Wednesday that similar ordinances had been adopted in Allegheny County and Philadelphia, and were also under consideration in the Harrisburg and Reading regions. 

The proposed ordinance was introduced earlier this month by Commissioner Bill Gaughan, who collaborated with the Community Justice Project and the Pennsylvania Immigration Coalition. He said the ordinance will not kick out Immigration and Customs Enforcement from Lackawanna County and it does not protect people who have criminal warrants. 

Rather, he said it creates consistent rules for handling ICE.

“It sets a county policy for county employees,” Gaughan, a Democrat, said. “What they are allowed to do and what they are allowed not to do when ICE reaches out.”

Regarding ICE, Welby, a fellow Democrat, said “it’s reprehensible what’s happened” and added that all organizations have “bad apples” and “clearly, they have some.”

However, he added he worried that “waving a flag” that the home county of former President Joe Biden may soon limit cooperation with ICE might provoke “frightening, frightening” reactions from an “unpredictable” White House.

“When I was a lot younger, sometimes I was reminded sometimes it’s best to keep your mouth shut and your head down,” Welby said.

In its present form, the “Protect Our Neighbors Ordinance” prevents county officials from assisting ICE and other agencies with immigration enforcement. That includes assistance as involved as direct enforcement to something as simple as providing information. 

If enacted, one of the most direct impacts would be at the county jail. 

Currently, the jail honors ICE requests to hold specific inmates — called detainers — and they call federal authorities when those inmates are slated for release, Warden Tim Betti said at a county prison board meeting. Once released to ICE, agents typically take their targets to the Pike County Correctional Facility, which contracts with the federal government to serve as an immigration detention center. 

That’s rare, he added. Of the more than 600 people currently in the jail, Betti said perhaps five have an ICE detainer. 

Gaughan said that policy change would still likely need the approval of the prison board, even if the legislation is passed by the commissioners.

It was unclear when the ordinance could come up for a vote. Welby said he hopes the board may have a better idea when it next meets on March 4. 

“We are considering this in a very serious way,” Welby said. “It’s not being taken lightly.”

A message left for county solicitor Paul Walker was not returned Wednesday.

Walker has said that the county has discretion in how it cooperates with ICE. In a memorandum he sent to Gaughan earlier this month, he wrote that the Tenth Amendment prohibits the federal government from compelling state or local governments to enforce federal regulatory programs. He also noted that the county is not legally obligated to honor ICE detainers.

“Honoring detainers is discretionary and subject only to constitutional limitations,” he wrote.

Walker noted that policies must not prohibit communication with ICE regarding someone’s immigration status. However, the ordinance Gaughan proposed also stops county officials from asking people for that information unless it’s required by court order, state law or federal law. 

Though not up for a vote, the proposal prompted comments from roughly 20 county residents at Wednesday’s meeting. The overwhelming majority urged the board to pass the legislation.

One of them was Sarah Balmer, of Moscow, who said she was a lifelong Republican until the COVID-19 pandemic and became “uncomfortable” with ICE tactics. 

Rather than stay silent, she said she spoke up for her daughter, Lily Mei Balmer, whom she adopted from China at 17-months-old. Now a high school senior, Lily Mei carries her passport with her just in case she is detained because of how she looks. 

“She is the light of our life,” Balmer told the commissioners. “She belongs here.”

Balmer recalled picking up tickets at The Theater at North in Scranton in November when she saw federal agents search a home, seemingly without success.

Balmer told her daughter to lock the car while she pulled out her phone to record them. As she filmed, an agent noticed her, “condescendingly” waved and took a photo back.

“I can only assume I’ve now been entered into an enemy of the state/woke leftist database,” she said.

Lily Mei was unable to speak for two hours.

Balmer’s voice quivered as she spoke. She had not widely shared that story before. Still, she could not follow the advice to keep quiet.

“It’s flawed thinking,” Balmer said. “Keeping your head down is not going to solve this.”Â