A recent state advisory about potential federal immigration enforcement at health care and social services facilities bolsters the case for adopting a proposed Lackawanna County ordinance barring county cooperation in immigration enforcement operations, Commissioner Bill Gaughan contends.
The “non-regulatory advisory” issued by Gov. Josh Shapiro’s administration and the Pennsylvania departments of Health, Human Services, Drug and Alcohol Programs and Aging in particular notes the Trump administration “lifted restrictions” that previously prohibited federal immigration agents from making arrests or otherwise carrying out immigration enforcement actions “in protected areas such as medical and behavioral health care facilities and social services establishments.”
Beyond providing general information about federal law applicable to possible enforcement at such facilities, the state departments “also advise facility leadership to develop a written policy and standard operating procedures for what to do if immigration enforcement agents arrive on facility property or seek information about patients, residents, participants, visitors, or staff for immigration enforcement reasons.”
Gaughan, who called in January for “clear guidance” as it relates to the county’s legal rights and responsibilities regarding immigration enforcement, proposed earlier this month legislation that would bar county agents and agencies from assisting with such operations under most circumstances.
The proposed “Protect Our Neighbors Act” ordinance would not and could not prevent federal agents from enforcing immigration law in the county, but would prohibit the county and its employees from cooperating in that enforcement unless presented with a valid judicial warrant signed by a judge.
Absent such a warrant, the county would not permit federal immigration agents to access a person in the county’s custody, would not transfer any person to federal immigration agents, would not spend time responding to ICE or federal Customs and Border Protection inquiries and would not permit agents from either agency to use county facilities, information or equipment for investigative purposes related to immigration enforcement.
The ordinance 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 Lackawanna County Prison, among other features.
While discussion and debate about the ordinance and immigration issues more broadly have dominated recent commissioners meetings, it’s unclear if and when commissioners might move to advance and ultimately adopt it. A county legal review of the ordinance remains ongoing.
Gaughan circulated the Shapiro administration advisory in an email Monday to fellow Democratic Commissioner Thom Welby, Republican Commissioner Chris Chermak and others, calling it “significant.” The state, he said in the email, “is explicitly advising local governments and service providers to put clear boundaries and procedures in place.”
“This is precisely the policy gap the Protect Our Neighbors legislation I introduced for discussion a few weeks ago is intended to address,” Gaughan said. “The goal of that proposal has never been to obstruct law enforcement, but to ensure that county employees understand their legal obligations, protect sensitive information, and are not placed in the position of making complex legal determinations in the moment.”
“Governor Shapiro’s advisory reinforces that this is not theoretical — it is an operational responsibility for counties right now,” he said.
Reached by phone, Welby noted the proposed ordinance remains under review and said he wants to discuss the legislation and its potential implications with District Attorney Brian Gallagher, Sheriff Mark McAndrew, prison Warden Tim Betti and the prison board.
Chermak, who emphasized that “we’re going to follow the law,” also stressed that county attorneys are reviewing the legislative proposal.
But the lone GOP commissioner also said “the whole thing is getting out of control” — an apparent reference to the fervor with which residents on all sides of the immigration debate have reacted to the proposal in recent weeks — and noted he’s “not going to interfere with federal law enforcement.”
While a refusal to cooperate with or assist federal immigration agents does not amount to interference, Chermak’s comments suggest a skepticism about the ordinance that may make its path to adoption more difficult.
County ordinances require two readings, with introduction at one meeting and a vote at another, and commissioners have yet to formally introduce the ordinance in question.
To the extent they ultimately do, it’s unclear what if any changes officials may make to a sample version Gaughan provided earlier this month.