Legislation against PSP collaboration with ICE, masked police to be proposed
An Allegheny County state representative has cosponsored legislation requiring visible identification of law enforcement and plans to introduce her own barring state police from assisting immigration officials.
Rep. Abigail Salisbury, D-34th, announced Wednesday, Sept. 3, she has prepared legislation to codify a policy against Pennsylvania State Police assisting U.S. Immigration and Customs Enforcement through a 287(g) agreement.
According to ICE data, 35 law enforcement agencies in Pennsylvania have signed 287(g) agreements, including two agencies in Allegheny County. Other Western Pennsylvania counties with law enforcement agencies that have signed agreements include Butler, Beaver, Erie, Mercer, Somerset and Westmoreland.
“If we’re talking about being fiscally conservative here, it would make sense to pass this to conserve state resources,” she said in a Thursday interview.
Salisbury said she looks at the state police legislation from two angles — the difference in resources between federal and state officials and municipal officials doing federal work. She said the federal government allocates $4 billion annually to ICE, but the 287(g) agreements allow ICE to reach into small municipalities and use their resources for immigration arrests.
“It’s essentially the federal government co-opting the resources of municipal and county agencies to do their work for them,” Salisbury said.
She compared a local agency conducting immigration arrests on the behalf of the federal government to state representatives discussing foreign policy. “It’s not what we do,” she said.
She commended her home municipality of Swissvale for passing a resolution barring its local police force from signing a 287(g) agreement with ICE and asking about immigration status during questioning.
Salisbury said two-thirds of Pennsylvania municipalities rely on part- or full-time coverage from state police.
She recounted a May 2024 failed shooting in a North Braddock church where a man attempted to shoot a pastor during a service. She said churchgoers held the man down in the center aisle for 25 minutes before state police arrived because there was no one on duty at the local police department.
Salisbury acknowledged state police have not announced intent to work with ICE and have internal policies against conducting immigration arrests under its enforcement of civil immigration law.
“Policies are subject to change,” she said.
She worries future leadership may opt to change its policy on conducting immigration arrests.
State police communications director Myles Snyder said the agency would not comment on the pending legislation.
The announcement comes after she previously cosponsored the Officer Visibility Act, which would require law enforcement to wear identifiable uniforms and bar face coverings while conducting investigations, except during undercover operations and public health emergencies.
The Officer Visibility Act was introduced in July by Chester County Rep. Paul Friel, D-26th, who Salisbury said is her suite mate in Harrisburg. She said the two brainstormed the legislation together and consulted with local police.
“Frankly, I don’t think most people like the idea of masked figures jumping out and snatching people,” Salisbury said.
She said they took a blanket approach to drafting the legislation since, if it passes, it will only be applicable in Pennsylvania. She said a federal agent is still subject to local laws when acting in a federal capacity.
A federal agent cannot ignore a local stop sign because it’s not a federal stop sign, she said.
Salisbury said she’s seen videos online of masked agents in jeans and T-shirts that say “police” or “ICE” detaining people suspected of being in the country illegally. She said the plain-clothes nature can make it difficult to discern whether a person is being lawfully arrested or illegally kidnapped and trafficked.
“What’s the next step down the road from there?” she asked.
The Officer Visibility Act has several cosponsors, but Salisbury is searching for cosponsors for the legislation regarding state police. She doesn’t anticipate the bill being a shock to her colleagues since she said it doesn’t aim to change existing policy.
She said the state House of Representatives is scheduled to go back in session in December, unless there is a “miracle” with the state budget. Her biggest challenge will be gathering Republican support in the state Senate, she said.
“We will have to see if there are enough Republicans who believe this is important to move forward with it.”
One Butler County legislator, Rep. Aaron Bernstine, R-8th, expressed opposition to the measure on Facebook, Thursday afternoon, Sept. 4, calling the proposal “absurd.” His post went on to say it would make “sure that cops can’t enforce the law.” The post also expressed opposition to a separate piece of legislation introduced by a Democrat and asked for donations “to go out and travel the Commonwealth to win back the House of Representatives so we can stop this in Pennsylvania.”
A phone call to Bernstine on Thursday afternoon for further comment was not returned as of Thursday evening.