Leet officials want to hear from residents before considering a resolution limiting interactions with U.S. Immigration and Customs Enforcement.
Solicitor Stephen Chesney said the proposed resolution is based on a template from the Allegheny County District Attorney’s Office in collaboration with the Pennsylvania Chiefs of Police Association.
Part of its language was changed to reflect the size of the township’s police department and its operations.
Chesney said the resolution complies with federal law and is politically neutral.
“This is a neutral way to guide officers so they understand how to address situations involving immigration officers, or individuals that doesn’t violate an individual’s constitutional rights and does not place the officers in a situation where they are enforcing federal immigration law,” Chesney said.
Township police Chief Brian Jameson said he has reviewed the resolution and agrees with the solicitor.
“I think it’s a fair, unbiased policy,” Jameson said. “It basically is more informational to our officers of what they can and can’t do to alleviate liability for our department.”
He said officers will continue to focus on township, county and state laws, and could not recall any time ICE has been in Leet.
The resolution is posted on the township’s website.
It states that an officer should not detain any individual for any length of time for a civil violation of federal immigration laws related to a civil warrant.
“Any officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of federal immigration law may detain the person for a reasonable period of time in order to contact federal immigration officials to verify whether an immigration violation is a federal civil violation or a criminal violation,” the resolution states.
“No individual who is otherwise ready to be released should continue to be detained only because (of) questions about the individual’s (immigration) status are unresolved.”
It also mandates officers not hold someone for a civil warrant or solely based on their immigration status longer than they would for any citizen suspected of a crime where a summons would be issued.
“Immigration detainers are requests and do not impose mandatory obligations on local agencies,” the resolution reads.
The resolution does not prohibit any officer from sending information to or requesting information from federal immigration officials, maintaining such information in department records or exchanging such information with any other federal, state or local government entity.
Chesney said federal law prevents the township from prohibiting officers from notifying ICE about an individual’s immigration status.
The resolution also does not require or prohibit the township from entering into a 287(g) cooperation agreement.
The 287(g) Program, according to ice.gov, 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.
Jameson said there are no plans to enter into any type of agreement with ICE, but would respond and secure a scene if needed.
“We will assist if they call us for assistance,” Jameson said. “We’re not going to make their arrest for them. We’re not going to detain people on immigration warrants unless they are criminal.
“Municipal police are not immigration enforcement officers.”
Future action planned
Commissioners were poised to vote on the resolution on March 9, but decided to postpone voting until April 13.
Commissioners President Martin McDaniel said it was important for residents to have time to read and weigh in on the proposed resolution.
“We represent the citizens and we’d like to hear input, pro or con, on it,” McDaniel said. “Not just adopt something in a vacuum without hearing (from residents). I know in some towns it’s pretty controversial. We want to get input and hear what their thoughts are.”
Leet would join a growing number of Allegheny County communities passing ICE-related resolutions should the township commissioners move forward with this.
Oakmont Council in February approved a resolution prohibiting the borough from engaging in noncriminal federal immigration law enforcement.
Plum Council passed its resolution in early March. Fox Chapel Council approved a new police policy and passed a resolution addressing ICE and borough police interaction on March 16.
Allegheny County Council on March 10 approved a bill that prohibits county employees from cooperating with ICE.
