Upper Darby council approves ordinance limiting cooperation with ICE

Upper Darby Council has approved an ordinance that will limit cooperation with federal immigration officials.

Council voted unanimously Wednesday night for the measure, which will prohibit the use of township resources to assist U.S. Immigration and Customs Enforcement.

It was the second measure passed this year on the same theme. The first was in February.

The new ordinance states 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. Other requirements of the ordinance include that township police shall not wear face masks and asked federal authorities to do the same.

Public Safety Committee Chair David Bantoe said he believes the ordinance establishes reasonable guardrails around the use of township police and other township resources in connection with federal civil immigration enforcement operations.

“This legislation is fundamentally about public safety, responsible government, and public trust,” Bantoe said. “Residents must feel safe calling the police when they are victims of crime, reporting suspicious activity, seeking emergency assistance, and cooperating with local law enforcement. When residents are uncertain about the role local government resources may play in federal immigration enforcement, that uncertainty can affect their willingness to seek help or cooperate with local law enforcement. That is a public-safety concern for the entire community.”

This ordinance does not represent a choice between public safety and law enforcement. Rather, it establishes local policy regarding the use of Township resources while recognizing that federal agencies have their own responsibilities and authority, Bantoe said.

Numerous residents turned out to enthusiastically speak on the law and to tell their stories.

“We are going to stand up for what’s right,” said one young woman who said the township should not fear repercussions from the federal government.

One resident said elderly members of local churches are now homebound and fear going outside, and children are afraid of deportation.

While most speakers spoke in support, one woman said it does nothing more than what was already passed and said “we have bigger issues to focus on.”

“I think this whole ordinance is a waste of time. We have a resolution on the books … legal is legal, illegal is illegal.”

Council member Jonathan McMahon asked Police Superintendent Timothy Bernhardt if the ordinance was in the best interest of the township and the police department.

Bernhardt said it is not going to change what police do because they have never been immigration enforcement officers. He also touched on other issues that the ordinance addresses.

“At no point in my 25 years … did an Upper Darby police officer wear a mask, (nor) at any point did any Upper Darby police officer go out and stop and ask them what their immigration status was. We never did that and never will do that,” Bernhardt said. “I have no objection to it. It’s not going to change what we do every day.”

Councilmember Kyle McIntyre said the work to support the immigrant community continues and he urged residents to support groups that help that community such as Murphy’s Giving Market.

“This ordinance and the resolution before it sends a clear message that our focus and priority are the people in our community, we will follow the law but we will do everything in our power to keep everyone safe,” said Mayor Ed Brown. “We cannot call (us) ‘the world in one place’ if our laws, ordinances and resolutions don’t support the people that make us the special diverse place we all love.”

In other business, council members appointed a new treasurer.

A’naiya Cozart was unanimously elected to the position, replacing MD Sayduzzaman who suddenly resigned in August after serving less than a year in the position.

During another part of the meeting, Bernhardt said crime in the community is down 31 percent in the FBI Part 1 categories — which include homicide, rape, robbery, aggravated assault, burglary, larceny, vehicle theft, arson and human trafficking — for 2026.

“We’re seeing a good reduction,” Bernhardt said.

He noted there had been two homicides for the year: a domestic homicide and the second, children playing with guns.

Bernhardt said they are seeing an increase in car thefts, whereas in past years Hyundai models were a popular target, Honda vehicles have become a target.

Bernhardt said assaults from domestic violence are also trending upwards.

Bernhart said police are currently looking to hire officers and encouraged candidates to apply before the deadline on Oct. 16.

Council members heard a review of an audit of the 2025 finances. The representative from Clifton, Larson Allen LLP returned one finding in which a funding amount to a sewer fund was in error. It was found and corrected.

An additional finding was that documentation from a federal COVID-era grant didn’t show if vendors were suspended from doing business with the federal government. He said it was being done but hadn’t been documented.

In other council activity, officials approved depositing $9.1 million for police, fire and municipal pensions as well as agreeing to the purchase of a used 2011 Pierce Velocity ladder truck from Fire Truck Center LLC in the amount of $490,000.

Chief Administrative Officer Crandall Jones said the money was budgeted, and Fire Chief Nick Martin and township maintenance officials had inspected the truck and found it in good order.