Bucks County Approves New Guidelines For Staff Interacting With ICE

The Bucks County Commissioners approved a resolution last week establishing clear policies for how county employees interact with federal Immigration and Customs Enforcement (ICE) officials.

The six-page resolution, which took effect May 21, passed with a 2-1 vote. Democratic Commissioner Chairperson Diane Ellis-Marseglia and Commissioner Vice Chairperson Bob Harvie voted in favor of the measure, while Republican Commissioner Gene DiGirolamo cast the dissenting vote.

The new policy is designed to provide guidance to the county’s more than 2,000 employees.

Bucks County Deputy Communications Director James O’Malley told this news organization the resolution applies only to staff under the commissioners and the county courts and row offices have management over their employees. However, he noted, many offices often adopt the commissioners’ policies.

Under the resolution adopted last week, county workers are prohibited from providing personal information about residents to ICE without a judicial warrant, but they must comply when such warrants are presented.

In addition, the resolution notes, county employees are not deputized to enforce federal immigration law and lack the legal authority to participate in immigration enforcement.

“We are obviously a nation of laws. All three of us up here have taken oaths of office, you know, swearing to protect, preserve, defend the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States of America,” said Harvie, who supported the resolution and is running for Congress.

Harvie added that the policy is a proactive measure.

“I don’t necessarily want to wait for some situation to happen where we have a county employee who is faced with having to decide on their own how to handle interaction with Immigration and Customs Enforcement that they didn’t know was coming,” he said.

The policy requires county employees to greet federal immigration officials professionally, obtain a business card, ask how they can help, and request relevant documents, like a warrant or court order.

Personal information the county may have cannot be released to federal authorities without consultation and approval from county lawyers.

The policy additionally addresses the use of county property by ICE, requiring notification before federal agents use county facilities as staging areas for operations. The resolution does not impact ICE’s ability to conduct official business at county facilities, such as the Justice Center or the Bucks County Correctional Facility, when judicial warrants exist. The resolution notes that ICE maintains around-the-clock access to the county jail, and the county follows state and federal laws regarding law enforcement cooperation.

Ellis-Marseglia pointed to what she called the practical need for employee guidance.

“I think this county has been pretty clear that we are not a sanctuary county. And all of our policies show that we are not. We do what you are supposed to do, but we have more than 2,000 employees and I frequently get asked how they’re supposed to handle this situation,” Ellis-Marseglia said.

DiGirolamo aired some of his worry on the resolution.

“I do have some concerns about it with some of the language in here. I think most of it seems pretty good because we talk about following the law, following the Constitution,” DiGirolamo said. “The one thing of the concerns that I have is I think we’re shining a light on Bucks County … I would be concerned about Bucks County being declared a sanctuary county.”

DiGirolamo said securing borders and removing undocumented individuals who commit crimes, particularly violent offenses, are two main areas of agreement most people have on immigration policy.

Harvie criticized federal legislative inaction on comprehensive immigration reform.

“I would love for there to be a stronger immigration law. There was one. A bipartisan bill that was floated and passed the Senate two years ago that was killed by Republicans in the House,” Harvie said. “And so the weaknesses we have in our immigration system today and our borders today are squarely on their responsibilities.”

He also noted his past voting record, which includes supporting a resolution to prevent ICE detention centers in Bucks County and supporting cooperation with ICE under former Republican Sheriff Fred Harran’s 287(g) program. That program that would give deputies federal immigration authority has been rescinded by Democratic Sheriff Danny Ceisler.

The sheriff’s office, which does not generally have authority to enforce immigration laws, has continued to cooperate with ICE, as has been the agency’s policy for years prior to the 287(g) program.

The Bucks County Department of Corrections shares information with hundreds of law enforcement agencies, including ICE.

When a person is detained and booked, fingerprints obtained through the LiveScan program are distributed to nationwide law enforcement agencies, allowing ICE and other agencies to identify individuals with outstanding warrants.

O’Malley, the county’s spokesperson, said the jail “frequently” communicates with ICE regarding inmates.

The Center for Immigration Studies, a think tank that advocates for low immigration, has classified Bucks County as a “sanctuary county” under its own definition.

Bucks County officials of both parties have stated the county is not a sanctuary jurisdiction.

Last year, the U.S. Department of Homeland Security and the U.S. Department of Justice released separate lists of “sanctuary jurisdictions” and Bucks County was not included. The U.S. Department of Homeland Security later removed its list following backlash.

County officials stated that employee training on the new policies will be implemented to ensure consistent application across all departments.

The guidelines are designed to make sure workers understand their legal obligations while protecting them from unknowingly violating county policy or state law, officials said.