Upper Darby introduces expansive ICE ordinance

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Upper Darby introduced legislation Wednesday to restrict collaboration and data sharing with U.S. Immigration and Customs Enforcement in a township where nearly a quarter of the population is foreign-born.

In January, Upper Darby resident Parady La died while in ICE custody after he was detained at the Philadelphia Federal Detention Center. La’s death, along with the estimated hundreds of ICE arrests within the township this year, spurred Council to codify protections for its immigrant residents, said Councilmember At-Large Kyle McIntyre, one of the lead sponsors of the bill.

“For us, federal law and immigration enforcement is a local issue,” he said. “The goal of this ordinance is not to interfere with federal authority, but it is to establish clear rules governing Upper Darby’s own government and resources.”

Upper Darby Council President Michelle Billups said at Wednesday’s meeting that the ordinance “protects the trust between local government and every resident in our township,” and enhances public safety.

“When families feel safe from sudden enforcement actions, they participate more fully in community life,” she said. “They send their children to school. They report crimes to local police. They open businesses and they invest in this township alongside the rest of us. Local law enforcement works best when the community cooperates with it.”

The legislation is “one of the most advanced” ICE protection bills outside of Philadelphia, McIntyre said, and could become a “model ordinance.”

What’s new in Upper Darby’s ICE ordinance?

Much of the bill is based on Philadelphia’s “ICE Out” legislation, passed in April, with some exceptions.

For example, the township is requesting, not requiring, federal agents to identify themselves and refrain from wearing face masks. The Philadelphia ordinance banning face masks for law enforcement was challenged by the Trump administration and is currently paused after a judge ruled it unlawful in July.

The township is requiring Upper Darby Police to identify themselves, with some exceptions.

“We can’t control what the federal agents do, but what we can do is ensure that our officers are clearly visible and identifiable at all times,” McIntyre said. “Meaning, if anybody tries to impersonate an Upper Derby police officer, it’ll be very easy for our community to know that they’re lying, and it also limits voluntary township assistance to any federal immigration agents who refuse to identify themselves, except for obviously where cooperation is legally required.”

The police will also document ICE activity in the township, per the provision, and share that record with the public.

“A lot of times, this work has been left up to the community and community organizers, which has put them at risk, has endangered their lives,” McIntyre said. “We’ve seen it in Minneapolis twice, and we’ve seen it across this country. But now, it is a public safety issue for us.”

In some cases, the legislation codifies protections for immigrant residents that the Council established in a resolution it passed in February. Other pieces of the bill represent new strategic approaches among municipalities throughout the region that have taken steps to restrict collaboration with ICE.

One provision triggers an automatic review process of voluntary relationships and agreements with other jurisdictions when they enter into a voluntary collaboration agreement with ICE, with exceptions for disasters and emergency services.

McIntyre said the township’s borders “are kind of Swiss cheese” — one municipality, East Lansdowne, is located completely within the township. If nearby municipalities are collaborating with ICE, that impacts Upper Darby’s residents, he said.

“Here in Upper Darby, immigrants are Upper Darby, so immigration policy is therefore the most important policy we could possibly talk about here at the local level,” McIntyre said.

The legislation would:

• Restrict voluntary use of Township resources — including police, employees, facilities, equipment, databases and other resources — for federal civil immigration enforcement, except when legally required.
• Limit collection and sharing of information about someone’s immigration status.
• Prevent Township employees from detaining someone based on their immigration status, or because of an ICE administrative warrant or civil detainer.
• Ban the township from entering into a 287(g) collaboration agreement with ICE.
• Prohibit township property from being used for civil immigration enforcement operations.
• Require identification processes for Upper Darby police officers, with some exceptions.
• Request federal agents identify themselves and limit voluntary assistance from Township personnel if they do not do so.
• Require Upper Darby to reconsider some intermunicipal relationships with jurisdictions that sign a 287(g) collaboration agreement with ICE, with some exceptions.
• Require training for all township departments on the policy.

The restrictions do not apply to cases where cooperation with federal immigration enforcement agents is legally required, including when ICE or other agents have obtained a judicial warrant for someone’s arrest.

What comes next

Upper Darby Township Council voted to introduce the legislation at its meeting Wednesday night. A public hearing for the ordinance is set to take place at the Council meeting on Sept. 16.

McIntyre said he hopes the legislation will be approved ahead of Upper Darby’s International Festival on Sept. 19.

Increased ICE activity in the township has had a “severe” economic impact on the township, McIntyre said.

“Most of our businesses are suffering. You know, people are not shopping. People rarely go out in the evenings. The workforce is absolutely being decimated as well,” he said.

The goal of the ordinance is also to rebuild trust between community members and the police department.

“[Residents] should feel comfortable calling 911, because in Upper Darby, our resources are used to protect Upper Darby residents,” he said.