Bucks County judge: Sheriff agreements with ICE legal
A judge’s ruling Wednesday, Oct. 15, on a lawsuit about the Bucks County sheriff’s mutual aid agreement with U.S. Immigration and Customs Enforcement supports the Butler County sheriff’s collaboration with ICE.
The Bucks County sheriff’s limited cooperation with ICE is lawful and reasonable as he fulfills his duties, according to Bucks County Common Pleas Court Judge Jeffrey Trauger on the lawsuit filed by the American Civil Liberties Union.
“I’m happy for the sheriff of Bucks County and for the sheriffs of the commonwealth,” said Butler County Sheriff Mike Slupe. “I appreciate the support of Commissioner (Leslie) Osche and Commissioner (Kim) Geyer regarding the agreement between the Butler County sheriff and ICE.”
Slupe visited Bucks County to testify on behalf of the Pennsylvania Sheriffs’ Association. He said his testimony included an overview of what sheriffs do and examples of other agreements they’ve entered without county commissioner approval.
Attorney Tom King, of Dillon, McCandless, King, Coulter & Graham, joined the lawsuit representing the Pennsylvania Sheriffs’ Association.
“It’s a complete victory for the sheriffs,” he said.
King said there were two full days of hearings in the case with packed courtrooms and protesters outside. He said the Pennsylvania Sheriffs’ Association is completely in favor of the ruling despite not all sheriffs wanting to sign an agreement in their own counties.
He said his job was to protect the right of sheriffs to make the decision to sign the agreements.
The judge lists multiple reasons why he found the agreement lawful. He said the memorandum of understanding drafted by ICE is not an enforceable contract and therefore not subject to commissioner approval.
The judge further elaborated Bucks County did not present any evidence to show that commissioner approval was needed for the sheriff to enter the agreement.
The judge said the sheriff’s “limited intent” to work with ICE is evident in a “designated immigration officer” document signed by each deputy who intends to work under the agreement on behalf of ICE.
The duties include the power to question and arrest anyone believed to be in the country illegally, to consider evidence, complete processing and to transport individuals to ICE-approved detention facilities.
He said the agreement does not include the ability to use weapons against suspected “aliens,“ make arrests without an ICE warrant or serve warrants or detainers for immigration violations.
The judge added the plaintiffs also did not have standing to bring the lawsuit, so the plaintiffs cannot appeal the decision.
Bucks County Sheriff Frederick Harran signed a memorandum of understanding with ICE in April, which is about two months before Slupe signed an agreement in Butler County. The American Civil Liberties Union’s Pennsylvania Chapter sued the Bucks County sheriff and Bucks County in response.
The ACLU claimed signing the agreement violated the Pennsylvania Constitution and Pennsylvania Intergovernmental Cooperation Act by not first seeking approval from the county’s governing body — the county commissioners.
It said the sheriff, as an individual row officer, did not have the authority to work with the federal government except through the commissioners or with vested authority from the commissioners.
It also alleges the agreement also had to be submitted to the state Local Government Commission for review and recommendation.
After the agreement was signed, Bucks County commissioners passed a resolution affirming only they may make contracts on behalf of the county. The resolution was sparked by threats of litigation from the ACLU, according to Bucks County solicitor Amy Fitzpatrick.
The ACLU and Community Justice Project filed the lawsuit on behalf of Make the Road States, the BuxMont Unitarian Universalist Fellowship, the National Association for the Advancement of Colored People Bucks County Branch 2253 and county resident Juan Navia.
