While it was mostly unclear Monday what changes the updated policy proposal might reflect,\u00a0Welby said it will include added language barring commissioners from entering into 287(g) agreements with U.S. Immigrations and Customs Enforcement on the county\u2019s behalf. The controversial agreements between ICE and state and local law enforcement agencies grant designated officers limited authority to enforce federal immigration law and perform certain duties otherwise reserved for federal agents.<\/p>\n
![\"Lackawanna](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2026\/04\/1776111747_89_STT-L-COUNTY-0401-02.jpg\")
Lackawanna County Commissioner Thom Welby listens to a speaker during the commissioners\u2019 meeting held at the county government center in Scranton Wednesday, April 1, 2026. (SEAN MCKEAG \/ STAFF PHOTOGRAPHER)<\/p>\n
In the context of debate over the policy, Welby assured the standing-room-only crowd at the April 1 meeting that the current board of commissioners will never approve a 287(g) agreement with ICE. County District Attorney Brian Gallagher and Sheriff Mark McAndrew, both independently elected Democratic county row officers, later confirmed that their offices won\u2019t enter into those agreements either.<\/p>\n
Nonetheless, many public speakers who criticized the ultimately tabled policy \u2014 which would establish procedures for employees to follow if ICE or other law enforcement officials appear at county facilities \u2014 said it didn\u2019t go far enough.<\/p>\n
The version proposed earlier this month would effectively restrict working county employees from interacting with ICE agents without consulting a superior and the county solicitor. Unlike Gaughan\u2019s proposed Protect Our Neighbors ordinance, which commissioners have yet to formally introduce, it didn\u2019t include language prohibiting voluntary cooperation with ICE or other agencies tasked with enforcing immigration law.<\/p>\n
\u201cIn my opinion this proposal does not protect the immigrant and refugee populations in our county,\u201d Scranton resident Jenny Gonzalez told commissioners April 1. \u201cIn the new policy proposal there is absolutely zero language about, one, limiting county employees from voluntarily asking individuals about their citizenship or immigration status, and two, limiting county officials from assisting with immigration enforcement.\u201d<\/p>\n
She\u2019s among those who\u2019ve packed commissioners meetings in recent months to advocate for Gaughan\u2019s ordinance, which aims to explicitly bar the county and its employees from assisting ICE in most circumstances. The anti-commandeering doctrine rooted in the 10th Amendment to the U.S. Constitution prohibits the federal government from forcing states, counties or other local governments to help enforce federal immigration law, giving the county discretion over the extent to which it cooperates in that enforcement.<\/p>\n
\u201cFederal law does not mandate Lackawanna County\u2019s cooperation with ICE\u2019s discretionary requests,\u201d county Solicitor Paul James Walker noted in a February memo to commissioners. \u201cThe County may not restrict communication with ICE regarding an individuals\u2019 immigration status \u2026 but otherwise has discretion in determining the extent of cooperation with federal immigration enforcement, subject to constitutional and statutory limitations, and of course, legally enforceable warrants.\u201d<\/p>\n
Walker later warned in a subsequent memo that passage of Gaughan\u2019s ordinance could result in civil and even criminal liability for the county and county officials, among other issues. They\u2019re concerns Welby referenced April 1, before reluctantly voting with Gaughan to table the alternative policy he\u2019d put forward.<\/p>\n
![\"Lackawanna](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2026\/04\/STT-L-COUNTY-0401-10.jpg\")
Lackawanna County Commissioner Bill Gaughan looks on during the commissioners\u2019 meeting held at the county government center in Scranton Wednesday, April 1, 2026. (SEAN MCKEAG \/ STAFF PHOTOGRAPHER)<\/p>\n
Reached Monday, Gaughan said he recently worked with the Pennsylvania Immigration Coalition on potential changes to the tabled policy that he sent to Welby last week for review. He planned to keep discussing those potential changes with Welby, but said they\u2019d more or less restore the proposal to an original version Welby circulated internally in March.<\/p>\n
Gaughan, who said he\u2019d be more inclined to support that original policy proposal than the ultimately tabled version that appeared on the April 1 meeting agenda, is encouraged by the continued dialogue.<\/p>\n
\u201cThe whole goal of this thing was just to put guardrails in place and a policy so that our employees know what to do in the event that ICE is more active, at least in terms of county government,\u201d he said. \u201cI think this is a good development, and at the end of the day we\u2019re just trying to not only protect our employees but, more importantly, protect the people that live in Lackawanna County.\u201d<\/p>\n
![\"Lackawanna](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2026\/04\/STT-L-COUNTY-0319-10.jpg\")
Lackawanna County Commissioner Chris Chermak listens to public comment during the commissioners\u2019 meeting held at the county government center in Scranton Wednesday, March 18, 2026. (SEAN MCKEAG \/ STAFF PHOTOGRAPHER)<\/p>\n
Republican Commissioner Chris Chermak said at the April 1 meeting he\u2019d \u201cnever agree to a policy that would even appear to limit law enforcement from legally doing their job or that would prevent Lackawanna County or its employees from complying with the legitimate actions of federal, state and local authorities.\u201d<\/p>\n
Chermak reiterated that position when reached Monday.<\/p>\n