Upper Darby continues efforts limiting federal immigration actions in the town.
After passing a resolution in February stating police will not enforce non-criminal federal immigration laws, the council will now look at changing township codes to place limitations on the use of township resources in aid of civil federal immigration enforcement.
Officials have estimated there have been hundreds of ICE arrests within the township.
Ordinance 2026-12′s stated purpose would limit township personnel assisting civil federal immigration enforcement, safeguard constitutional rights, and promote public safety and trust between the community and local government.
The detailed 17-page ordinance would prohibit the use of township resources to assist U.S. Immigration and Customs Enforcement.
Among the rules the ordinance outlines include township personnel shall not honor or enforce an immigration detainer or administrative warrant unless accompanied by a valid judicial warrant; immigration status will not be asked or maintained by township employees.
Some of the other points of the ordinance:
• If ICE presents a judicial warrant to a township employee they are required to contact the police superintendent who would contact the township solicitor to confirm the warrant.
• No township official, employee, or agency shall support or assist ICE, and township resources will not be used to provide protection, logistical support, or operational assistance to federal ICE agents engaged in civil immigration enforcement.
• Township property shall not be used as a staging location for any federal immigration enforcement operation conductedby a federal immigration enforcement agency.
• No township equipment such as radios, cellphones, emails or data bases shall be used to provide information to immigration enforcement.
• When there is a lawful custody transfer, nothing prohibits a federal law enforcement or immigration enforcement official from entering upon or temporarily using township property with a valid judicial warrant.
• For ICE agents it requests they clearly identify themselves by name, badge and agency and to refrain from masking or concealing their identities.
The ordinance does have an impact for township police. It would restrict officers from wearing masks in most instances.
• Township officers including the emergency services unit, the narcotics unit and intelligence units should not wear masks or face coverings unless the superintendent or his designee determines it is reasonably necessary for safety, operational security, protection of the officer’s identity or undercover assignments or for safety.
The ordinance states the township will obey valid court orders.
The ordinance would prevent township police from detaining someone based on their immigration status, or because of an ICE administrative warrant or civil detainer.
The ordinance requires training for all township departments on the new policy.
Range of comments
During discussion Council Member At Large Kyle McIntyre said 1 in 4 residents in the township have been born somewhere other than the United States and many live here in fear.
“Our residents are being targeted, having their status ripped away, being denied a day in court, denied a future my ancestors fought and died fleeing Ireland for,” he said.
He said they can’t control what Washington does but they can decide what their government does within their legal authority.
“Officers are here to protect Upper Darby first, that we protect the information residents give us, that we reject 287 (g) agreements,” McIntyre said.
During public comment most residents spoke in favor of the ordinance, including state Sen. Tim Kearney, D-26.
Kearney said calls about ICE actions in Upper Darby are the most frequent topic he gets to his office.
“The ordinance directly addresses many of the concerns directed to my office and demands for clear policies at the local level,” Kearney said. “It respects the rule of law while making it crystal clear … (that) the township will not aid the administration’s cruel and mass deportation campaign.”
Kearney said that similar laws have been introduced in the state Legislature.
One resident said that while she supports the ordinance, “before we want to tell police not to lock somebody up who might be breaking into your house … we have criminals that came in here, too. It’s not all peaches and cream and roses in Upper Darby,” she said. “And they need to be held accountable, too.”
At-large council members Marion Minik and Noah Fields questioned the timing of the resolution, complaining the ordinance didn’t appear on the agenda until the last minute and they hadn’t had time to study it.
President Michelle Billups shut them down, stating the ordinance had gone through two committees with revisions going back and forth with the solicitor and with Police Superintendent Timothy Bernhardt.
Council member Melissa DiNofia-Bozzone asked if a public safety committee could hold a hearing on the issue before the next council meeting and was told that would happen.
In the end, the vote was unanimous for a resolution to be on the agenda for the Sept. 16 council meeting.
The quick ticket system
The recent meeting also included final approval of the proposed Licenses and Inspections quick ticket system for 17 quality-of-life issues.
Amrinder Singh, director of Licenses & Inspections, patiently answered most questions on the 17 property maintenance and quality-of-life violations that could result in fines of $50 to $100.
One resident asked about pollinator-friendly gardens and the idea that we have to have everything short and edged saying, “We are not neglecting our yards,” while another resident complained his neighbor was “breaking and cutting down a goat” that was bleeding all over his stairwell. He said he contacted multiple officials and nobody wanted to touch that issue.
One resident said a fine shouldn’t be the first step and worried about weaponization of the system.
The ticket system passed unanimously.
Fire stations issue
Council members McNelly and Fields brought up the question on eminent domain and the township fire stations. McNelly asked about negotiations on the purchase of Highland Park Fire Company.
Chief Administrative Officer Crandell Jones said the township is putting together appraisals and a matrix on the implications about all five firehouses, whether that be rental or purchase. He said they are awaiting two appraisals.
Fields asked if they are authorizing payments or reimbursements on mortgage payments.
He was told that the township only filed a declaration of taking on the fire station on West Chester Pike, and are in negotiations. The others are being reviewed and legitimate expenses are being reimbursed.
Upper Darby wants to purchase this fire station on West Chester Pike. (PETE BANNAN-DAILY TIMES)