SCRANTON, LACKAWANNA CO. (WOLF) \u2014 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.<\/p>\n
The issue has been at the forefront of recent meetings, dating back nearly two months when Commissioner Bill Gaughan introduced the \u201cProtect Our Neighbors Act.\u201d That proposal would prohibit county employees and agencies from assisting with federal civil immigration enforcement unless presented with a valid judicial warrant.<\/p>\n
However, that ordinance never made it onto an agenda, in part due to a legal memo issued weeks ago by the county solicitor\u2019s office. The memo warned of potential conflicts with federal law, limits on the commissioners\u2019 authority, particularly over independently elected row officers like the sheriff, and possible legal and financial risks to the county if adopted.<\/p>\n
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.<\/p>\n
Welby emphasized the policy is about procedure and legal compliance, not restricting law enforcement.<\/p>\n
\u201cThe 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.<\/p>\n
He also made clear his stance on broader cooperation agreements with federal immigration authorities.<\/p>\n
\u201cAs far as including the 287(g), these county commissioners will never approve an agreement with 287g,\u201d Welby said, referring to a federal program that allows local law enforcement to assist with immigration enforcement.<\/p>\n
Commissioner Chris Chermak strongly opposed both the policy and the broader direction of the discussion, warning of unintended consequences.<\/p>\n
\u201cI 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.<\/p>\n
He also argued the proposal could create confusion for county employees tasked with responding to enforcement requests.<\/p>\n
Gaughan, who originally introduced the ordinance after an incident where ICE approached a county department without clear guidance, said Welby\u2019s policy is a step, but ultimately falls short.<\/p>\n
\u201cThe 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\u2019s 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.<\/p>\n
Still, Gaughan acknowledged he was encouraged to at least see the issue formally discussed.<\/p>\n
Public comment once again dominated the meeting, with more than a dozen residents offering sharply divided perspectives.<\/p>\n
Many speakers urged commissioners to scrap the policy and return to Gaughan\u2019s original ordinance.<\/p>\n
\u201cThey 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.<\/p>\n
Others raised concerns about legal inconsistencies within the policy, particularly around confidentiality protections.<\/p>\n
\u201cYour policy instructs employees to maintain confidentiality and comply with HIPAA yet also states they may disclose immigration status to federal agents,\u201d said Sarah Balmer of Covington Township. \u201cThere is no HIPAA exception that permits disclosure of immigration status. This contradiction exposes the county and its employees to significant legal liability.\u201d<\/p>\n
Lackawanna County Controller Gary DiBileo, speaking as a resident, voiced strong opposition to current federal immigration enforcement practices.<\/p>\n
\u201cWhat 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,\u201d DiBileo said. \u201cThis is not the America I know.\u201d<\/p>\n
Others, however, encouraged compromise, or outright opposed limiting cooperation with federal authorities.<\/p>\n
\u201cIt\u2019s 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\u2019ve heard,\u201d said Shawn Riley of Thornhurst.<\/p>\n
Attorney Mike Giannetta of Scott Township was among the few who spoke in support of continued cooperation with ICE.<\/p>\n
\u201cLackawanna 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,\u201d Giannetta said. \u201cWe don\u2019t need Thom Welby\u2019s resolution. Nor do we need Commissioner Gaughan\u2019s proposed ordinance. That would be far worse.\u201d<\/p>\n
After discussion, Gaughan made a motion to table Welby\u2019s policy, with Welby seconding it.<\/p>\n
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.<\/p>\n","protected":false},"excerpt":{"rendered":"SCRANTON, LACKAWANNA CO. (WOLF) \u2014 The ongoing debate over how Lackawanna County should handle interactions with federal immigration…\n","protected":false},"author":2,"featured_media":154913,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[178,180,179],"class_list":["post-154912","post","type-post","status-publish","format-standard","has-post-thumbnail","category-scranton","tag-scranton","tag-scranton-headlines","tag-scranton-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/154912","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=154912"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/154912\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/154913"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=154912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=154912"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=154912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}