American Civil Liberties Union of Pennsylvania has requested its lawsuit against Bucks County Sheriff Fred Harran’s ICE 287(g) partnership be moved back to state court.
The suit, filed on June 6 in the Court of Common Pleas of Bucks County, requested an injunction against Sheriff Harran’s “task force model” agreement with ICE, arguing it is unlawful because both the Pennsylvania Constitution and the Pennsylvania Intergovernmental Cooperation Cooperation Act dictates that any agreement must first get the approval of the Bucks County Commissioners.
However, Harran and his lawyers responded on June 10 by filing an Amended Notice of Removal to move the case to the U.S. District Court for the Eastern District of Pennsylvania, arguing it’s “a federal question and therefore the proper jurisdiction is the federal court.”
Harran did not respond to a request for comment. The last time Harran spoke with Bucks County Beacon was when the news broke of his 287(g) application.
“It doesn’t belong in federal court. It’s a matter of state law against all state parties,” explained ACLU PA Senior Supervising Attorney Stephen Loney.
The goal of the injunction is to prevent any actions on Harran’s part to carry out ICE enforcement, while the lawsuit is to ultimately have the Bucks County sheriff’s ICE 287(g) agreement declared unlawful.
“And the final outcome we’re seeking would be to convert that preliminary injunction into a permanent injunction to stop implementation of this agreement for all time – as well as a declaration that the agreement is unlawful,” Loney said, also noting that, “As far as we know the sheriff has not actually had deputies out in the field performing ICE enforcement duties.”
Even though county commissioners Democratic majority disapproved of Harran’s actions, Bucks County remains a named defendant in the lawsuit because Harran was acting in his official capacity as a county official, Loney said.
The injunction’s fate – as well as where the case will be decided – now lies with Philadelphia-based Eastern District of Pennsylvania District Judge Juan R. Sanchez.
The lawsuit was filed by ACLU PA and The Community Justice Project on behalf of Make the Road Pennsylvania, NAACP Bucks County, BuxMont Unitarian Universalists and an impacted Bucks County resident.
The 287(g) “task force model” that Harran sought out is the highest local/federal partnership level, essentially training and making local law enforcement de facto ICE agents.
The Pennsylvania Sheriffs’ Association has indicated it supports Harran, as well as two other Pennsylvania sheriffs who signed federal 287(g) agreements without the consent of their respective county commissioners, Loney said.
Bradford and Franklin counties have asked to join the case along with Harran, whose sheriffs both signed ICE 287(g) agreements with the federal government without their county commissioners’ prior consent.
Bradford County Sheriff Gordon Smith signed a memorandum of agreement with the ICE to enter a 287(g) partnership, as did Benjamin H. Sites, Franklin County sheriff, who signed a 287(g) agreement with ICE.
“They have asked to intervene in the case and get party status and that’s in front of Judge Sanchez, too,” Loney said, “and we plan to oppose that [move] as we don’t think they bring anything new or different” to the case, he said.
“I think it’s become a common practice that ICE and the sheriffs in Pennsylvania are assuming they can do this – and they can’t – that’s why we’ve gone to court,” Loney added.
He said winning this case could set precedent and reaffirm the legal process for any such future agreements considered by county sheriffs and county commissioners – both of which are elected officials.
“The federal government cannot force these partnerships on local communities. If the people in a county don’t want it to happen, it doesn’t have to happen,” Loney said.
READ: Bucks County Commissioners Meeting Packed with Residents Fired Up Over Sheriff’s ICE Agreement
The 287(g) agreement “task force model” is the most aggressive of the three available partnerships, and allows for local law enforcement to execute random immigration raids and sweeps.
“What he [Sheriff Harran] keeps saying is he wants the agreement to be limited, but by no means what he signed is limited,” Loney said.
Harran has publicly stated he is only interested in apprehending and detaining illegal immigrants who are committing crimes in Bucks County, or who are already in custody in county jail. In fact, he has also referred to a department policy prohbiting doing sweeps or rounding up immigrants on the streets or in workplaces – but has not provided it. In addition, the Trump administration and Border Czar Tom Homan have stated that they are not limiting their immigration enforcement and mass deportation scheme to criminals. In fact, they will continue to conduct workplace raids.
“If you’re in the country illegally, you’re not off the table,” Homan told the New York Times this week.
ICE and its partnerships have been repeatedly accused of racial profiling , excessive force, and other civil rights violations.
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