BETHLEHEM, Pa. – Bethlehem City Council on Tuesday approved an agreement allowing designated city police officers to work with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations on complex criminal investigations.
Council approved the memorandum of understanding in a 4-3 vote following an extended discussion over the department’s need for federal resources and concerns about working with the Department of Homeland Security.
Police Chief Michelle Kott told council the agreement is needed to give officers additional resources, training and funding for investigations that increasingly cross municipal and state boundaries.
“Gone are the days when crime is landlocked and limited to a city block,” Kott said.
Kott said the partnership could assist Bethlehem police with investigations involving human trafficking, sex trafficking, child exploitation, drug smuggling, cybercrime, financial fraud and export violations. She said the department is currently involved in a serious investigation that has reached a point where additional federal resources are needed. However, she could not provide details because the investigation is active.
Kott repeatedly emphasized that the agreement is not for immigration enforcement and is not a 287(g) agreement. According to U.S. Immigration and Customs Enforcement, a 287(g) agreement authorizes “U.S. Immigration and Customs Enforcement to delegate state and local law enforcement officers the authority to perform specified immigration officer functions under ICE’s direction and oversight.”
The MOU specifically states that Homeland Security Investigations is not conveying authority to Bethlehem officers to enforce administrative violations of immigration law.
“I understand that there are people within our community that are distrustful of the federal government,” Kott said. “However, I know our department. I have faith in our department.”
Under the agreement, a Bethlehem officer who completes HSI training could be designated as a customs officer, also known as a Title 19 task force officer. Kott said the officer would remain a Bethlehem police officer while working with HSI on more serious and complex investigations.
Councilmember Hillary Kwiatek expressed concern about the scope of the arrangement, particularly a provision indicating that a full-time task force officer would work with HSI for a minimum of 30 hours per week.
“I trust you, chief, but I do not trust the Department of Homeland Security,” Kwiatek said.
Councilmember Jo Daniels expressed similar concerns about partnering with the federal agency and questioned how frequently Bethlehem encounters cases requiring federal assistance.
“All too often,” Kott responded, citing Bethlehem’s geographic location and investigations that can cross jurisdictional boundaries.
Councilmember Michael Colon asked whether Bethlehem could withdraw from the agreement if the partnership did not work as envisioned.
The MOU allows either party to terminate the agreement with 30 days’ written notice, Kott said.
Councilmember Bryan Callahan asked Kott to confirm that council would be notified immediately if the designated officer were ever asked to assist with immigration enforcement.
“Yes, sir,” Kott responded.
Callahan said he trusted Kott’s assurance and supported providing police additional resources for investigations involving crimes such as child exploitation and drug smuggling.
Councilmember Justin Amann described the decision as challenging because of concerns about the federal government, but said crimes such as human trafficking, child exploitation and cybercrime extend beyond municipal boundaries and can require resources Bethlehem does not have on its own.
Council Vice President Colleen Laird sought additional safeguards, saying she wanted an expiration date added to the agreement so it would not extend beyond the current city administration.
“As much as we can put in writing, the better we are for our community,” Laird said.
Laird moved to table the agreement to allow Kott to pursue an end date with HSI. The motion failed. Laird subsequently sought to authorize Kott to negotiate an end date that would prevent the agreement from extending beyond the current administration, but that motion died for lack of a second.
Council President Rachel Leon questioned what it would cost Bethlehem to conduct such investigations independently. Kott said surveillance and overtime expenses for an investigation of the size currently being handled were substantial and accumulating at the city’s expense.
The federal partnership could shift some overtime costs to the federal agency, she said.
Leon said she was confident in Kott’s leadership and noted the city’s ability to terminate the agreement with 30 days’ notice.