Heated discussion and commentary from residents of McCandless lasted for more than three hours during a Feb. 9 council meeting over whether the town should adopt a resolution establishing an official policy for enforcement of noncriminal federal immigration laws.
Resolution 2026-3 was presented only for discussion and to give council an opportunity to hear from residents, council President Trish Cloonan said. Voting on the resolution is scheduled at their next meeting on Feb. 23.
All council members will review comments as noted by Councilman Nick Giorgetti.
“I deeply value the input of residents, and we take it very seriously. We’re serious about keeping everyone safe,” he said.
Many of the speakers did not hold back, passionately expressing their opinions of whether the town should “establish an official policy that McCandless will not enable or assist U.S. Immigration and Customs Enforcement or Customs Border Patrol related to civil law enforcement or the ICE program 287(g).”
The 287(g) Program allows a law enforcement agency to enforce certain aspects of U.S. immigration law, expanding a department’s authority to identify and process removable aliens with pending or active criminal charges, enforce limited immigration authorities with ICE oversight during routine duties, and serve and execute administrative warrants on removable aliens in a department’s jail, according to ice.gov.
Those opposed to the resolution expressed that not cooperating with ICE would only create a more unsafe environment, like the unrest happening in Minneapolis, and said it’s needed for safety from immigrants with criminal backgrounds.
Supporters of the resolution referenced ICE tactics as harsh or unfair, including McCandless resident Jenna Parker, a high school student for the Pittsburgh Public Schools. She was concerned for several of her peers who are immigrants and fear for their safety, especially after witnessing what they have seen happening to other immigrant families.
“ICE does not care about lawfulness, and they do not care about due process,” said Parker, 17. “I want to live in a community where my peers are safe.”
A question arose about whether supporting the resolution could affect federal funding. McCandless resident Louis Jezerc, in favor of the resolution, said potentially losing funding would be worth it.
“We need to stand up for what is right for our values and principles. There is no right way to do the wrong thing,” Jezerc said. “We were founded upon opposition for tyrants. We must stand for our rights.”
Others were firmly opposed against the resolution, with many citing safety concerns from possible criminal activity. One couple claimed they experienced yearlong illegal drug activity in their McCandless neighborhood by its occupants, who they believed were illegal immigrants.
The couple said they witnessed the illegal activity from their home at all hours of the night, with the renters continuously dismantling cars where drugs were hidden and had a system for evading local police.
The Allegheny County Drug Task Force and ICE agents eventually addressed the situation, removing the people from the home. There was no chaos in the process, said Myles Koch, the neighbor.
“I get it. A lot of immigrants are good people, but there are some that are not. There’s no way we can figure out who is or who isn’t until they’re vetted. The reason we have all of these problems in Minnesota is no one is working together. They’re trying to block them. If we all work together, we don’t have to have the problems you see in Minnesota. I don’t see why McCandless cannot work with ICE. To be safe in this community, they have to work together,” Koch said.
Former council members Jack Casey and Don Hart spoke separately, both not in favor of the resolution, with Hart calling it “feel-good legislation. It’s only going to make us less safe by reducing communication by police and federal officers.”
Casey said this would go beyond what police need to do and said if an agency like ICE wanted to use local police, it would require town council approval.
McCandless resident Bill Kirk was worried about the unintended consequences of passing the resolution and potentially tying the police’s hands from enforcing the law.
However, resident Julie Guthrie said police should be free from coercion or compulsion to do anything immoral or unethical.
“They don’t need us. They can work without our local law enforcement helping them,” she said.
After the public comments, Councilman Joe Wall shared he was uncomfortable with the document as-is and felt the language could be tightened. He suggested a subcommittee to craft a document that was reflective of each sides’ opinions.
“I think there needs to be fine-tuning with the language. I believe we can meet on happy ground, where everyone can be happy with us. (Create a) subcommittee to come up with right wording, with everyone comfortable,” Wall said.
He also questioned whether it violated the council’s oath of office not to follow federal agencies’ directives.
Steve Korbel, the town’s legal representative, said the resolution’s content is reflective of the same language and statements that have been thoroughly reviewed by other lawyers and said he is legally comfortable with the document.
“This document has been reviewed by many attorneys in Allegheny County, and this language has been vetted and cleared by many, many attorneys,” Korbel said.
The resolution includes that the constitution and Pennsylvania laws required that a person’s arrest must only be issued by a neutral and detached judge or judicial officer.
And in many cases, being present in the U.S. without proper documentation is considered a civil violation not a criminal offense, per the resolution. And that no state or federal law or regulation requires municipal police officers to assist the U.S. Immigration and Customes Enforcement at Customs and Border Control.
Councilman Doug Arlow said they already have functioning law enforcement in the town and questioned the need to codify this now.
He recommends cooperating with the federal government.
“If we start saying we’re not going to cooperate, that’s a hard one for me. That’s where I’m at,” Arlow said.
Council asked McCandless police Chief Ryan Hawk for feedback, who said his officers will follow whatever decision is made by council.
“By and large, from what I can see by language, I don’t think it’s going to change of how we have been operating,” Hawk said.
Giorgetti, along with other council members, said they will review all of the comments taken at the meeting.
“I think our emotions are hot over all of this. We value public input, and we will discuss this further and come to some consensus,” said Giorgetti, adding residents are welcome to email council.
Several audience members referenced recent ICE arrests, including of Jose Flores on Jan. 29 in Oakmont. Local communities also are studying similar resolutions, according to the discussion.
Cloonan said action should be taken sooner, instead of waiting.
“We do not have jurisdiction over ICE. If they want to be here, they will be here. This is not a resolution that’s saying ICE will not come to McCandless. I do think the time for this is now,” Cloonan said.
“The expectation is federal immigation will do its job and that our local officers will not be doing this job,” she said.
The resolution also includes the police department law enforcement officers will not ask victims or witnesses about their immigration status. To the extent the town obtains such information, the town will not disclose the information to any other agency without the consent of the affected member, except as may be required by law, or pursuant to a criminal warrant or court order.
“I think we listen to all of the training that the McCandless police go through; skills are tools and tools that can be used for good or for ill. And we don’t want those tools go for ill,” Councilman Nathan Babich said.
There was a question about whether federal funding would be affected by a resolution that would seem to not be cooperative with ICE, if funds even come directly from the federal level to McCandless.
Town Manager John Schwend said while he researched it as best he could, this was “uncharted territory” and could not guarantee an answer either way.
Council meetings are held at 7 p.m. on the second and fourth Mondays of each month in Town Hall, 9955 Grubbs Road. A copy of the resolution can be viewed at townofmccandless.org.
