‘If rights are eroded for one group, as they are being now, they can be eroded for all,’ says Commissioner Bill Gaughan

SCRANTON, Pa. — Lackawanna County Commissioner Bill Gaughan asked the county’s chief lawyer on Wednesday to research the limits of the administration’s cooperation with federal immigration authorities.

Gaughan’s inquiry for attorney Paul Walker at Wednesday’s public meeting comes at a fraught moment as agencies under the Department of Homeland Security, including Immigration and Customs Enforcement, crack down across the country while communities protest what they see as overreach.

Gaughan, a Democrat, also said he wants clarification in the wake of reports that federal agents quietly reached out to county officials in recent months seeking information on specific individuals — once in October to the Office of Youth and Family Services and once earlier this month to the county 911 center. 

Gaughan said both departments rebuffed those contacts. Attempts to reach their directors Kerry Browning, of OYFS, and Al Kearney, of 911, were not successful Wednesday.

“We must never forget, if we do not protect our immigrant neighbors here in Lackawanna County, we will be next,” Gaughan said. “If rights are eroded for one group, as they are being now, they can be eroded for all.”

“To our immigrant residents in Lackawanna County, I want you to hear this clearly: you have rights,” he continued. “You have protections under the United States Constitution and you do not lose those rights because someone thinks you look like something else.”

The questions Gaughan posed to Walker are:

What legal obligations, if any, do county officials have to respond to informal or formal ICE requests for information?Is there room under the law to limit cooperation when it may jeopardize community safety and trust?Is the county required to honor ICE detainers that are not backed by a judicial warrant?What categories of information, if any, is the county required to share, and what information is the county legally permitted to withhold?Are there any policies that the county can adopt to minimize unnecessary collection of immigration related data?What access, if any, should ICE have to county facilities and county property? If agents show up a county building, what is the protocol? Who is authorized to speak? Who can deny access if agents lack a warrant?What guidance have other counties in Pennsylvania relied upon in setting policies or protocols for responding to ICE inquiries?Are there best practices or model policies that balance legal compliance with protecting residents from unnecessary federal overreach?

The answers, according to Walker, might not be so simple. Reached after the meeting, he said Gaughan’s questions are specific and nuanced and will require some research.

“This is about state and federal powers,” Walker said. “And drawing that line is not always easy.”

Commissioner Thom Welby, a Democrat, said after the meeting he agreed with the county pursuing clarity. 

“Morals and law don’t always meet up,” Welby said. “The law is the law and we have to abide by the laws. If someone is here illegally, it should be dealt with appropriately, but properly and humanely too.”

Efforts to reach Republican Commissioner Chris Chermak after the meeting were not successful.