Bucks County commissioners say sheriff does not have power to sign agreement with ICE

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Bucks County commissioners passed a resolution Wednesday “reaffirming” commissioners’ sole contractual authority and stating that Bucks County Sheriff Fred Harran’s 287(g) agreement with U.S. Immigration and Customs Enforcement is not valid.

“It is, in a way, trying to shield ourselves from some liability and to hopefully make it clear to any entity that wants to sue us that … we’re not making this decision,” Democratic Commissioner Bob Harvie told reporters after the meeting.

The American Civil Liberties Union of Pennsylvania has threatened to sue, arguing that the sheriff does not have the power to enter into a contract with a federal agency without commissioners’ approval.

All three commissioners and the county solicitor said that they have not been provided with the agreement and have not been able to read it.

Harvie and Democratic Commissioner Diane Ellis-Marseglia voted in favor of the resolution. Republican Commissioner Gene DiGirolamo opposed it, saying he “trust[s]” Harran.

“It’s about keeping our community safe,” DiGirolamo said of the collaboration.

Harvie said he would not support the contract, which deputizes local law enforcement to help carry out ICE activities, because he is not confident the federal agency is following the law.

“I believe that there are too many instances of this administration, federal administration, taking actions that are not necessarily following [the] Constitution when it comes to habeas corpus, or whether it is any due process, it’s just not being followed,” he said.

Harvie said the collaboration agreement is also “unnecessary,” since everyone who is brought into the county prison has their information entered into a database accessible to federal authorities, including ICE.

“They have the ability already to contact someone who is a criminal in our legal system,” he said. “We’re not a sanctuary county, and so this seems just … a very unnecessary step based on what we know already that we’re doing in this county to keep people safe.”

Sheriff Harran referred questions to his attorney, Wally Zimolong, who was part of the team that represented President Donald Trump’s campaign in a lawsuit against the county regarding early on-demand mail voting in the 2024 election. Zimolong said in a statement that the resolution is “legally baseless,” and argued that as a political subdivision, the Bucks County Sheriff’s Office has “full authority under federal law” to sign the agreement.

The vast majority of speakers at the public comment section of Wednesday’s meeting opposed the sheriff’s 287(g) agreement with ICE, which was finalized by the federal agency last week.

“I worked for Jimmy Carter, Ronald Reagan, George Herbert Walker Bush, Bill Clinton, George W. Bush and Barack Obama,” said Steve Nolan, of Newtown Township. “And believe me, sheriff, if you wanted to get involved with immigration or ICE under any of those men, I would be fully supportive. All six were fit for duty and mentally fit for command. That is not the case here. I don’t want you to get involved in any way, linked up with a man that if he walked into any recruiter’s office in this country, wouldn’t be able to get into the military, because he’s a convicted felon.”

Laura Rose, of Newtown, said the 287(g) agreement would cost taxpayers in the form of lawsuits.

“We now face paying his legal fees for a suit already threatened by the ACLU,” she said. “The sheriff has retained legal counsel that Bucks County taxpayers are also going to have to pay for. These are expenses that we do not want and that we did not ask for.”

Heidi Roux, director of immigrant justice for The Welcome Project PA, said the sheriff’s collaboration agreement could damage “the years and effort of community building and trust that has been developed among local law enforcement and our community,”

“I continue to urge our immigrant community to speak out, to feel comfortable calling on the police when necessary, because they are there,” she said. “They take an oath. They are there to protect and serve everyone in our community, and the best way to ensure safety is to have the cooperation of all.”

Roux said the fact that the agreement has not been shared with commissioners was “shocking,” and questioned Harran’s assertions that he would selectively apply the ICE agreement to people with “serious” criminal charges.

“Can you enter an agreement and just piecemeal it? Can you be selective about what you enforce or what you don’t when, ultimately, you’re agreeing to a full agreement?” Roux said. “It really does just bring up more questions than answers.”