Chair says proposal maintains intent of limiting work with immigration agents, but fellow Democrat criticizes “watered down” language
SCRANTON, Pa. — The Lackawanna County Commissioners are slated to vote this week on a new policy that the board’s Democratic chair said sets clear rules for county employees when dealing with immigration agents, but which faced criticism Tuesday from the panel’s other Democrat for not going far enough.
Wednesday’s planned vote comes nearly two months after Democratic Commissioner Bill Gaughan first proposed a policy to try and limit how the county interacts with U.S. Immigration and Customs Enforcement agents. County residents consistently spoke up at public meetings in support of Gaughan’s proposal, but it remained tabled while county lawyers scrutinized its language.
Commissioner Thom Welby, the board’s Democratic chair, said the proposal that is up for a vote Wednesday maintains the original proposal’s intent of limiting county employees from working with federal agents. They’re required to contact the county solicitor in many circumstances.
“Under this policy, none of our employees can give up information without talking to counsel first,” Welby said.
Gaughan, however, criticized the policy as “watered down” because it removed language from his original proposal that limits what information county officials collect and, thus, share with ICE, and took out prohibitions on voluntarily helping ICE and entering into agreements with ICE.
“It went from protecting rights to managing compliance,” Gaughan said.
Republican Commissioner Chris Chermak did not return a request seeking comment.
The county’s proposed policy “establishes uniform guidelines” for county departments and employees when dealing with immigration agents, as well as “any federal, state and local enforcement inquiries,” the proposal states. The different iterations of the policy cite confidentiality laws and explain what type of information is confidential.
The language up for a vote does not bar county employees from sharing citizenship information with immigration officials, which would violate a federal statute. However, Gaughan noted that this version of the ordinance also does not include language prohibiting county agents from collecting that information in the first place.
At its core, the policy sets up a general protocol for county officials to follow when enforcement officials appear at county facilities. Under the policy, county officials must:
Request identification.Ask the purpose of the visit.Request copies of all legal documents.Notify a supervisor or department director and the chief of staff.Contact the county’s top lawyer for legal review.
The proposal up for a vote, like earlier iterations, explains different types of judicial warrants — those signed by a judge — but this version does not define administrative warrants, which are issued by ICE without a judge’s signature.
An earlier version of the policy circulated by Welby in the last few weeks was more explicit.
“They do NOT independently authorize entry into restricted areas or disclosure of confidential records,” stated an earlier version of the policy in part, which added that, “immigration detainers are requests, not court orders. County employees should not independently act on these documents without supervisory review and legal guidance.”
Rather than define the difference in the policy, the language tasks departments with training employees on the distinction.
Welby said the ordinance, once passed, could be amended. Gaughan said the same thing, noting that “doing something is better than doing nothing.”
Welby, who said that Gaughan wanted to amend the policy before it comes up for a vote, said he was checking with lawyers to see if there is enough time to change the policy before Wednesday’s vote.
If not, Welby said it was also possible the current proposal could be tabled to allow for a change.
The meeting Wednesday is at 10 a.m. in the Lackawanna County Government Center.