SCRANTON, LACKAWANNA CO. (WOLF) — The ongoing debate over how Lackawanna County should handle interactions with federal immigration authorities continued Wednesday, with commissioners ultimately tabling a newly proposed policy after hours of public comment.
The issue has been at the forefront of recent meetings, dating back nearly two months when Commissioner Bill Gaughan introduced the “Protect Our Neighbors Act.” That proposal would prohibit county employees and agencies from assisting with federal civil immigration enforcement unless presented with a valid judicial warrant.
However, that ordinance never made it onto an agenda, in part due to a legal memo issued weeks ago by the county solicitor’s office. The memo warned of potential conflicts with federal law, limits on the commissioners’ authority, particularly over independently elected row officers like the sheriff, and possible legal and financial risks to the county if adopted.
In response to those concerns, Commissioner Thom Welby introduced a different approach: an internal policy focused on how county employees should respond when immigration agents, or any law enforcement, request access to individuals, records, or facilities.
Welby emphasized the policy is about procedure and legal compliance, not restricting law enforcement.
“The employees will not be sharing any information without input from counsel. The policy does not allow any of our employees to speak with any law enforcement inquiries, including ICE, federal, state, or local,” Welby said.
He also made clear his stance on broader cooperation agreements with federal immigration authorities.
“As far as including the 287(g), these county commissioners will never approve an agreement with 287g,” Welby said, referring to a federal program that allows local law enforcement to assist with immigration enforcement.
Commissioner Chris Chermak strongly opposed both the policy and the broader direction of the discussion, warning of unintended consequences.
“I cannot and will not be a party to any policy that has a potential to interfere with any law enforcement agencies to attempt to carry out their lawful duties. I believe that a policy directed at these actions of immigration officials could make Lackawanna County one of the first sanctuary counties in the country,” said Chermak.
He also argued the proposal could create confusion for county employees tasked with responding to enforcement requests.
Gaughan, who originally introduced the ordinance after an incident where ICE approached a county department without clear guidance, said Welby’s policy is a step, but ultimately falls short.
“The policy that Commissioner Welby put forward, instead of setting firm rules, provides guidance – what employees should do, who they should call, and how to respond. Now, that’s not necessarily a bad thing, but in my opinion, it does not go as far as I believe it should, I think most people that got up and spoke today would prefer clear boundaries,” said Gaughan.
Still, Gaughan acknowledged he was encouraged to at least see the issue formally discussed.
Public comment once again dominated the meeting, with more than a dozen residents offering sharply divided perspectives.
Many speakers urged commissioners to scrap the policy and return to Gaughan’s original ordinance.
“They have told you repeatedly and at a personal cost what they need from you. The question today is whether you are capable of letting their voices actually land or whether you will continue to offer the appearance of action while delivering the opposite. I am asking you to table this policy and return to the Protect Our Neighbors ordinance your constituents actually asked for,” said Jessica McGuigan of Scranton.
Others raised concerns about legal inconsistencies within the policy, particularly around confidentiality protections.
“Your policy instructs employees to maintain confidentiality and comply with HIPAA yet also states they may disclose immigration status to federal agents,” said Sarah Balmer of Covington Township. “There is no HIPAA exception that permits disclosure of immigration status. This contradiction exposes the county and its employees to significant legal liability.”
Lackawanna County Controller Gary DiBileo, speaking as a resident, voiced strong opposition to current federal immigration enforcement practices.
“What we have seen are masked federal agents scooping people off the streets too often without legal warrants and based on the color of their skin,” DiBileo said. “This is not the America I know.”
Others, however, encouraged compromise, or outright opposed limiting cooperation with federal authorities.
“It’s my hope that with this being tabled, that you and the other commissioners will work together to create a better version, maybe a middle form of what we’ve heard,” said Shawn Riley of Thornhurst.
Attorney Mike Giannetta of Scott Township was among the few who spoke in support of continued cooperation with ICE.
“Lackawanna County needs to be cooperating with federal law enforcement officials to remove illegal aliens from our area and our country, not limiting the ability to cooperate with them,” Giannetta said. “We don’t need Thom Welby’s resolution. Nor do we need Commissioner Gaughan’s proposed ordinance. That would be far worse.”
After discussion, Gaughan made a motion to table Welby’s policy, with Welby seconding it.
With strong opinions on all sides and legal questions still lingering, the debate over how Lackawanna County should handle immigration enforcement appears far from over.