Upper Darby council unanimously passed a resolution Wednesday night stating police will not enforce non-criminal federal immigration laws.
The resolution states the township will not participate in the federal Immigration and Customs Enforcement (ICE) 287(g) program. The resolution clarifies the township will continue to fully comply with all applicable federal, state and local laws.
Council President Marion Minick said residents are looking to the council for strength, clarity and protection as across the township many are in fear and distressed by ICE operating in the community and the council will do everything to shield residents and families from the climate of intimidation.
“Their fear is real, their trauma is real.” Minick said. “It is our own federal government creating this climate of fear … that is far more damaging.”
At-large Council Member Kyle McIntyre said anybody who commits a crime in the town will be held accountable, no matter their immigration status, but he said, they have been seeing nonjudicial warrants used to detain residents in the community.
Upper Darby Council Member Kyle McIntyre, left, at the rally earlier this month held by the family of Parady La at the federal detention center in Philadelphia. Speaking is state Sen. Tim Kearney, D-26, Swarthmore. La, a township resident, died while in ICE custody (ALEX ROSE – DAILY TIMES)
One resident asked council to go further than the resolution, and called on specifically prohibiting ICE from being on township property and forbidding masks.
McIntyre said the resolution is just a start and officials are looking at other ways to advance more ordinances.
During public comment multiple views were put forth.
A Westbrook Park resident, who said he is conservative, quoted from a poem that was read at the start of the meeting by winners of the children’s Black History month poetry contest.
“If there is no struggle, there is no progress,” the man recalled the child’s poem. “Boy that’s a laurate speaking right there … they are very, strong words, good for her.”
He then asked about law enforcement not working with ICE and asked for clarification. Solicitor Mike Clarke said police will not cooperate on ICE immigration detainers that are not signed by a neutral judicial magistrate. Clarke said if there is a warrant signed by a judge they will cooperate.
“Local law enforcement is not supposed to be in the immigration enforcement business, and essentially that is what this resolution is saying,” Clark said.
Another speaker complained about the Feb. 5 walkout at Upper Darby High School related to ICE and immigration.
Hundreds of students walked out of Upper Darby High School Thursday to protest the heightened presence of United States Immigration and Customs Enforcement in the township. (KATHLEEN E. CAREY – DAILY TIMES)
He noted the walkout closed Lansdowne Road and put the entire community at a risk. The resident said outside organizations are engineering the walkouts and giving gifts to disrupt classes and conceal unlawful activities, and called on police to open a criminal investigation into those claims.
“School is a place for them to learn, not to inject your politics,” the Drexel Hill resident said.
One speaker called the ICE resolution “pointless, idiotic” and was only going to make Upper Darby more dangerous.
Nearby in Collingdale, that council recently voted against a similar resolution, sending it back to the solicitor to rewrite with more information to again present to council at a future meeting.
Comment period
In other business, Upper Darby council approved a policy limiting public comment at meetings and public hearing to three minutes and not allow residents to cede time to others.
Council discussed making accommodations for residents who could not appear in person. Most residents voiced their displeasure, with one saying the council is trying to silence residents.
Officials complained some residents hold them hostage with endless comment time during public hearings.
Upper Darby Mayor Ed Brown says no one’s rights are being infringed upon by limiting the amount of time that residents can make comments at township meetings. (COURTESY OF UPPER DARBY)
Mayor Ed Brown said Upper Darby council does nothing different from other municipalities and the Delaware County council, and they are not infringing on anybody’s rights, “but there has to be some structure.”
Clarke added that for the most part public speakers need to give their name but they don’t need to give address, except in some zoning issues. The town has the right to ask if you are a resident, taxpayer or concerned person, he said.
Voting meetings
Council also held a public hearing on an ordinance to allow voting to take place during both meetings of the month.
In 2024 a judge ruled against an attempt to pass the earned income tax because it violated the township’s home rule charter vote.
The judge cited the township’s home rule charter, stating the first meeting of the month is intended to be a workshop format meeting with final action discouraged and reserved for emergency circumstances only.
When asked about the reason for the ordinance, council vice president Noah Fields said, “to move legislation more effectively and quicker.”
McIntyre said the current system limits the ability to react to emergencies.
“It does give the government, and frankly, us on council, the ability to react better to situations we’re seeing on the ground,” McIntyre said.
The ordinance passed unanimously.
Council also voted on an agreement with East Lansdowne to place public safety video cameras on Upper Darby poles, with no financial cost to Upper Darby. East Lansdowne recently announced the deployment of 41 AI-driven public safety cameras in the borough which borders Upper Darby.
McIntyre questioned the use of artificial intelligence and if safe guards deployed. The measure passed, with McIntyre the lone dissenter.