Solicitor says there are ‘significant risks’ in ordinance called for by chorus of supporters

SCRANTON, Pa. — A proposed ordinance that would limit how Lackawanna County’s government interacts with federal immigration authorities may put the county at risk for lawsuits, or even expose its officials to criminal prosecution, according to a legal memorandum prepared by county solicitor Paul Walker.

Walker, who for more than a month has been reviewing the limits of local cooperation with Immigration and Customs Enforcement, remarked in a confidential memo that could be problematic because county commissioners are unable to bind elected row officers and that it is unenforceable because the language lacks an enforcement mechanism.

However, the analysis noted that some of the top risks stem from opposing a Trump administration bent on achieving a huge number of deportations.

“While the ordinance aligns with certain discretionary aspects of county authority discussed in my prior memo, its adoption carries significant risks,” Walker wrote in the memorandum, which was obtained by Action 16 Investigates. 

Commissioner Bill Gaughan, who introduced the ordinance one month ago, said Wednesday that ICE’s recent back-channel requests to county officials for information highlighted the need for a policy that sets rules for what county employees can do. That includes staying out of immigration enforcement and limiting information sharing, according to the proposal. 

“Move it forward without delay,” Gaughan, a Democrat, said to applause at Wednesday’s commissioner meeting. “Put it on the agenda so we can discuss it. If there are issues we can change it.”

The proposed bill has remains in limbo while Walker reviews the language and assesses potential gaps. He provided the board with a assessment Wednesday morning. The memorandum was described as confidential and is intended for internal deliberative purposes. That’s because it could potential “roadmap” for those hoping to mount a challenge, Walker wrote.

In providing a copy of the paperwork, Gaughan said the public deserves to understand what their government is discussing. 

“Transparency and informed public debate should always guide our decision-making,” Gaughan said.

The proposed policy, Walker wrote, could run afoul of a federal statute that prohibits local rules barring governments from sharing with immigration authorities “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” That could court trouble from a Justice Department “aggressively” challenging “sanctuary” policies.

The proposed ordinance does not explicitly ban the sharing citizenship information, though it does restrict county officials from collecting it whenever possible. Still, Walker wrote, prohibitions on sharing release dates and contact information might still invite a challenge — a kind that is currently under judicial scrutiny.

President Donald Trump issued an executive order shortly after taking office that directs the U.S. Attorney General and Department of Homeland Security to withhold federal funds from cities and counties that limit the use of local resources to enforce federal immigration law. 

The order, which mirrors one the president issued in 2017 that was later found to be unconstitutional, was blocked in April by a federal judge in California after 14 municipalities went to court for an injunction. The federal government appealed that decision, which remains pending in the U.S. Court of Appeals for the Ninth Circuit.

Civil litigation, however, was just one scenario envisioned.

“Recent developments indicate that the DOJ is considering or directing criminal penalties against politicians and officials who enact or enforce ordinances limiting local cooperation with federal immigration enforcement, such as the proposed ordinance,” Walker wrote.

While there’s no evidence that anyone has been arrested for limiting cooperation with ICE, Walker said the DOJ’s initiatives “heighten risks” for local officials. 

It’s unknown when the ordinance could come up for a vote.

Republican Commissioner Chris Chermak said he had not had an opportunity to review Walker’s analysis and planned to discuss with him what the county may and may not do.

Commissioner Thom Welby, a Democrat, said there were “serious” issues with the ordinance — aside from worries of civil or criminal liability, the analysis cites potential redundancies with existing laws and the prospect of confusion as concerns — though he hoped to discuss the proposal at the next meeting. 

Since its introduction last month, a steady stream of people attended public meetings to voice their support and urge the the commissioners to introduce and pass the proposal. Some, with voices shaking, shared their fears that ICE could misidentify them or someone they love. 

Sarah Balmer, of Covington Twp., is the mother of a high school senior whom she adopted from China and who said she now worries her daughter could be detained based upon her appearance. She said she was installing cameras on her daughter’s car to prevent the need, should she find herself stopped, to reach for a phone camera and risk having it mistaken for a gun.

Jessica McGuigan, a therapist, said the proposal is not a fix but it does send a message that, “you are safe here and you matter.”

“Why this ordinance matters: it’s not because it dismantles anything, it’s because of what it says,” McGuigan said. “Our neighbors will not live in fear of the people who are paid to serve them.”

Gaughan’s proposal comes as DHS seeks to build a network of detention centers, including in Schuylkill and Berks counties, capable of collectively holding tens of thousands of people.

It also comes as more Pennsylvania police departments seek to join a DHS program that allows local officers to enforce limited immigration authority in exchange for salary and benefits reimbursements, as well as money for vehicles and equipment.

The Dickson City Police Department in Lackawanna County was the latest, though Borough Manager Cesare Forconi said the agreement is on hold pending more discussion. Police Chief William Bilinski is slated to appear at a work session Tuesday at 6:30 p.m. before the borough’s council meeting, Forconi said.

Dickson City is one of 69 agencies in Pennsylvania that entered an agreement with ICE, according to DHS records.

Bradford County Sheriff’s Office, signed March 26, 2025.Troy Twp. State Constable, signed Sept. 9, 2025.

Benton Borough Police Department, signed Nov. 4, 2025.

Dickson City Police Department, signed Feb. 23, 2026.

Luzerne County District Attorney’s Office, signed July 7, 2025.

Montour County Sheriff’s Office, signed June 12, 2025.

Milford Borough Police Department, signed Feb. 14, 2026.Shohola Twp. Constable’s Office, signed Feb. 18, 2026.

Mahanoy City Borough Police Department, signed Feb. 10, 2026.Mahanoy Twp. Police Department, signed Feb. 17, 2026.Pine Grove Borough Police Department, signed Feb. 27, 2026.Schuylkill County Sheriff’s Office, signed Jan. 26, 2026.Shenandoah Borough Police Department, signed Feb. 25, 2026.