Oakmont officials Tuesday night unanimously approved a resolution prohibiting the borough from engaging in noncriminal federal immigration law enforcement.
The resolution also made clear Oakmont would not enter into a 287(g) agreement, which allows local police departments to aid U.S. Immigration and Customs Enforcement in immigration enforcement. The partnership is not a contract but rather an agreement into which law enforcement can enter by submitting an application online.
The resolution was crafted after the detention last month of Oakmont resident Jose Flores, a native of Nicaragua.
Flores, 47, was taken by ICE agents Jan. 29 after being approached in front of his home while preparing to take his daughter, Lily, to school. She is an elementary school student in Riverview.
Flores, an Oakmont Bakery employee, was released Feb. 7.
His wife, Hariett, also from Nicaragua, said they are in the legal asylum process and have five-year work visas.
Resident Christa Bartos applauded after council’s vote.
“I think it’s really wonderful, and I wish that more communities would do this and stand up for themselves,” Bartos said. “I’m so proud of Oakmont and all the residents of Oakmont and our council for being strong.
“I think (this policy) shows that other communities can stand up and make their voice known. It’s an example to be set. The more people that see it and do it, the better this will be to stop this abusive ICE and things that they’re doing.”
Council’s chambers were significantly less crowded than during its Feb. 3 workshop meeting when the legislation was proposed.
Borough manager Scott Fodi said having the resolution posted online, Flores’ release and such a big turnout earlier this month contributed to the decreased attendance. He also noted staff received many emails and phone calls to the borough office about the resolution, with a majority in favor of its passing.
Resident Claudia Detwiler was among the fewer than a dozen audience members Tuesday.
She sat confidently believing the resolution would pass.
“I wanted to be here to support the vote to affirm the resolution that’s been written,” Detwiler said. “It’s very strong. What’s happened is horrible. What’s happening all over the country is horrible. We’re new residents to Oakmont, glad to be here.”
She said she moved to Oakmont in August and attended vigils outside Pittsburgh’s ICE headquarters.
“There’s so many things wrong with the whole structure of ICE and all the other related organizations that are taking over the streets. It’s just so important to make a strong statement that it just has to end. The whole structure needs to be completely redesigned.”
Detwiler said she was surprised by and disappointed in Flores’ detention.
Resident Tom Kerek spoke passionately about how hard immigrants work on projects and on ICE’s presence on American streets.
“This ICE group is nothing but a bunch of thugs,” Kerek said.
Bartos also expressed disgust with the detention of Flores, and said there is no purpose for ICE.
“We have a country that was built with immigrants, freedom, and it’s being taken away unless we stand up and say this isn’t going to happen,” she said. “That’s what our community’s doing. Standing up and saying it’s not going to happen here again.”
Added language
Council vice president Amanda Pagnotta, who participated in the meeting virtually, was able to add Customs and Border Protection as an agency the borough would not engage with civilly.
Council discussed changing the resolution language to say “other federal agencies.”
Borough solicitor Jacob Leyland cautioned council on making the resolution too broad.
“I think we would be putting our police department in a particularly difficult situation where, what constitutes a federal agency at that point?” Leyland said. “Is it FBI? Where do we draw the line?”
Council eventually agreed adding CBP in the legislation was warranted.
Council president Nancy Ride said the resolution helps inform state and other officials of the borough’s stance on ICE’s actions.
The legislation states, in part: “Fostering a welcoming environment for all people, regardless of race, religion, ethnicity, national origin or immigration status, enhances the borough’s cultural fabric, economic growth, and overall well-being and prosperity for current and future generations, and whereas all individuals must enjoy equal protection of the law, regardless of immigration status, including the right to be free from unreasonable search and seizure. …
“The borough will neither initiate nor accept any requests from the United States Immigration and Customs Enforcement to enter into any program or memorandum of understanding that would commit borough time, funds, efforts or resources toward noncriminal administrative enforcement activities, including entering into any agreement which authorizes any law enforcement officer of the borough to apply and enforce federal immigration law.”
Police Chief Michael Ford said the department will continue to work with federal agencies on criminal investigations, and that their cooperation has been invaluable during his 30-plus-year career in law enforcement.
“We couldn’t do some of the things that we do without (federal) assistance,” Ford said. “We are cooperating with anything criminally. … There’s been a lot of concern (about us) not going to get any help from them (as a result of the resolution). They are invaluable to this department as far as criminal investigation goes in the past, and I assume in the future.”
He stressed handling civil offenses are not his department’s job.
“Never has been, and we want to keep the trust of the community,” Ford said. “You can come in here and report any crime you want. We are not concerned about your immigration status.”
Letter to ICE
Council also unanimously voted to send a letter to acting ICE Director Todd M. Lyons demanding justification for Flores’ arrest and detainment.
“It is our responsibility foremost to ensure the safety of all our residents,” the letter read in part.
“As our community’s elected leaders, we leave politics behind when we come together to make decisions that will impact all our residents. We believe that it is our duty to demand justification for this action that traumatized an 8-year-old child and her family as well as instilled rational fear in a significant portion of the Borough’s population.
“As elected officials, we swore an oath to obey the Constitution of the commonwealth of Pennsylvania and of the United States of America and to act in a legal manner. Therefore, justification must be provided for this action.”
Fodi said the letter would be sent to ICE on Wednesday.
Both the letter and updated resolution are expected to be posted on the borough’s website.
