Late yesterday, Homeland Security listed over 500 counties, cities and states it considers "sanctuary" jurisdictions. Among the 11 Pa. counties included are NorCo and Lehigh. Five Pa cities (Gettysburg, Philadelphia, Pittsburgh, State College and York) are also included.
A memo that accompanies this listing includes the following explanation:
Executive Order 14287: Protecting American Communities from Criminal Aliens requires that a list of states and local jurisdictions that obstruct the enforcement of Federal immigration laws (sanctuary jurisdictions) be published. Sanctuary jurisdictions including cities, counties, and states that are deliberately and shamefully obstructing the enforcement of federal immigration laws endangering American communities. Sanctuary cities protect dangerous criminal aliens from facing consequences and put law enforcement in peril.
The list below was created to identify sanctuary jurisdictions, which are determined by factors like compliance with federal law enforcement, information restrictions, and legal protections for illegal aliens.
Each jurisdiction listed will receive formal notification of its non-compliance with Federal statutes. DHS demands that these jurisdictions immediately review and revise their policies to align with Federal immigration laws and renew their obligation to protect American citizens, not dangerous illegal aliens.
Note that the list can be reviewed and changed at any time and will be updated regularly. No one should act on this information without conducting their own evaluation of the information.
U.S. Rep Ryan Mackenzie (Pa.-7), at a Homeland Security Committee hearing on May 14, said that sanctuary counties, which presumably includes two of the counties he represents, "are more focused on defending these violent criminals from deportation than they are in protecting American citizens in our local communities." He criticized NorCo Executive Lamont McClure's executive order, "which bans ICE from arresting illegal immigrants when they're going through processing for a separate crime. And what this means in practice is that when ICE wants to go arrest a violent member of Tren de Agua or a domestic abuser who is going through the processing in our local community, they cannot go inside that courthouse and actually arrest that person. They have to stake out the courthouse, outside, taking up hours of resources from law enforcement, potentially leaving our community more vulnerable if that person were to go out a different exit of the courthouse and escape into our local community, they would be free to reign terror all across our beautiful Lehigh Valley."
Mackenzie's characterization of Northampton County's policy, enacted after an ICE officer arrested an undocumented immigrant walking out of a courtroom in 2020, is completely disingenuous. (You can read it here). Call this person an illegal alien if that makes you feel better. What happened is that an out-of uniform ICE officer, clad in jeans and a "Pro God Pro Gun Protected" T-shirt, conducted a warrantless arrest of an undocumented immigrant inside the courthouse. It made no difference that this person was married to an American citizen, gainfully employed and a licensed driver who has paid his taxes for the past 10 years. It made no difference that he was just inches away from getting his green card. He was carted away in handcuffs, destination unknown.
The Executive Order that McClure issued in no way bans ICE from entering the courthouse. That's sheer nonsense. What his order does provide is that, after a judge relinquishes jurisdiction, the county will hold an alleged illegal for up to 48 hours if a detainer has been issued. During that time, ICE can seek a warrant from a federal judge, which is fairly easy to obtain.
The reason for seeking a warrant is because that's what's Lehigh County found out the hard way. Galzara, a US citizen, was improperly held in Lehigh's jail because of an immigration detainer that ICE had incorrectly lodged. The Third Circuit (one stop below the Supremes) ruled that "immigration detainers do not and cannot compel a state or local law enforcement agency to detain suspected aliens subject to removal." An ICE detainer is nothing more than a "request." Northampton County will honor an ICE detainer by holding a suspected illegal for 48 hours, but wants to see a warrant before handing him over to ICE,
Mackenzie talks about protecting American citizens but fails to point out that this includes protecting taxpayers from paying out huge settlements. ICE does tend to have a large number of cowboys who have been detaining US citizens simply because they speak Spanish. Why should NorCo or Lehigh County taxpayers pay for ICE stupidity?
Now ICE can refuse to get a warrant and just hang around the jail when an undocumented immigrant is released. But that's because ICE is wasting manpower, not the county. All ICE has to do is obtain a warrant from a neutral judge who will make sure they are actually arresting someone who is here illegally and not because he speaks another language.
Mackenzie also complains that a defendant released from a jail can slip out a side exit. It's a jail, Ryan. There's only one way out. Sorry.
Lehigh County denies it is a sanctuary county:
"Lehigh County respects the dignity and basic humanity of every person within our borders, however, we strongly disagree with the position of some entities that our policies make us a sanctuary county. We do not shelter undocumented immigrants, nor do we interfere with any law enforcement agency or its efforts to identify and remove people who may be here unlawfully.
"Lehigh County cooperates with US Immigrations and Customs Enforcement (ICE) to the fullest extent legally possible, in compliance with the Third Circuit Court of Appeals’ decision in Galarza v. Szalczyk, 745 F.3d 634 (2014). We notify ICE, if possible, any time an undocumented person is detained in the jail by other authorities, so that ICE may pursue the necessary steps to take the person into custody when the detainer is dissolved."
NorCo Exec Lamont McClure provided this response to seeing his county named as a sanctuary:
"Northampton County acknowledges the Federal Government’s important responsibility to enforce our Nation’s Immigration laws. That is why we fully cooperate with I.C.E. consistent with the Pennsylvania and United States Constitutions. We cooperate as we agree that undocumented persons who commit crimes should be deported. We honor I.C.E. Immigration detainers for up to 48 hours. (Well in excess of what most jurisdictions do.)
"While I.C.E. is aware our policy requires a court order to remand an undocumented person into their custody, who has been otherwise freed by a judge of the Court of Common Pleas of Northampton County, they routinely refuse to obtain constitutionally guaranteed process. Even so, we will inform I.C.E. of the date and time of the release of the undocumented person. We will even work with I.C.E. to release the undocumented person at its convenience. We do this even though it is clear that the law does not require local governments to assist the Federal Government in enforcing immigration laws. Northampton County’s inclusion on this list is nothing more than naked MAGA politics."