The American Civil Liberties Union of Pennsylvania has called on Bucks County Sheriff Fred Harran to withdraw his office’s application to join a federal immigration enforcement program, citing a lack of legal authority.
In a letter sent Monday, the ACLU said that Harran’s application to participate in U.S. Immigration and Customs Enforcement’s 287(g) program requires approval from the Bucks County Commissioners, a step they say has not been taken.
The letter argues that the Pennsylvania Constitution and the state’s Intergovernmental Cooperation Act mandate such approval through a resolution or ordinance.
“The Sheriff’s Office cannot lawfully enter into a 287(g) agreement with ICE without the Bucks County Commissioners passing a resolution or ordinance authorizing such an agreement,” the letter signed by ACLU lawyers stated.
The ACLU requests Harran withdraw the application “immediately.”
Should the application proceed and be approved by ICE, the ACLU said it would seek a judge’s order to halt it.
The letter also warned of potential litigation costs and liabilities for Bucks County taxpayers.
Harran’s application is for the 287(g) program’s “task force model,” which would grant his deputies limited immigration enforcement authority typically reserved for federal agents.
Harran has previously stated his office would not conduct immigration raids.
“This is going to be used on people with warrants, who have already committed a crime,” Harran told this news organizations. “We’re not going to be doing raids of businesses or shops, and we’re not going out there to look for visa expirations.”
The sheriff, a Republican running for reelection, said the program would provide training for deputies and access to federal databases.
The sheriff’s office did not immediately respond to a request for comment on the ACLU letter.
Critics have said the sheriff’s office joining the program would hurt local law enforcement relations, potentially violate the rights of people living in the county, and put taxpayers at added risk for work that is typically outside the scope of the sheriff’s office.
Harran’s application has drawn both praise and criticism, including significant public comment at last week’s county commissioners’ meeting.
“We are aware of the letter sent to the Sheriff regarding his plan to contract with ICE. No signed agreement has been presented to the County Commissioners for review and approval. The County contacted the Sheriff’s Solicitor and sought information from ICE regarding the Sheriff’s authority and have not heard back. Since the County of Bucks may also be named as a party in potential litigation, we cannot comment further,” said county spokesperson James O’Malley.
Danny Ceisler, the Democrat running against Harran and an attorney, criticized the sheriff’s actions.
“This is just more proof that Fred Harran really didn’t think this through before telling the White House he’d sign up,” Ceisler said. “If you’re looking to significantly expand the authority of your office, your very first question should be whether you have the legal authority to do it. It goes to the root issue with Fred – he just isn’t competent at the job, and we are paying the price for that.”
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