Springdale police discreetly inked a deal last month to partner with Immigration and Customs Enforcement (ICE) agents in the borough.
The public, however, should have had the opportunity to comment on the agreement first, and it should have been the subject of a public vote, according to Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association.
Springdale Manager Terry Carcella said he was unaware of the agreement until recently, and he had never placed it on an agenda for a public vote.
Councilman Dan Copeland, who serves as the borough’s public safety chair, said he didn’t believe a vote was necessary for the measure, describing it as “operational.”
As heated debates surrounding a proposed data center in the borough continue, Copeland said he didn’t want more agitation in Springdale.
He said council moved to enter the agreement with ICE “quietly.”
“Our environment is already red hot,” Copeland said.
Proper procedure
Typically, an agreement between two agencies must be publicly discussed and approved, Melewsky said. Without a public vote, she said, the agreement could be legally challenged.
“Whichever side of the aisle you fall on, this is going to be controversial,” Melewsky said.
A similar type of situation in Eastern Pa. seems to be tied up in the court system, however.
A Bucks County sheriff entered into the same agreement as Springdale Police earlier this year without a vote from county commissioners, the majority of whom later voted on a resolution attempting to invalidate the agreement, according to reporting from WHYY in Philadelphia.
A county judge dismissed a related case seeking to invalidate the agreement for lack of government approval, but the American Civil Liberties Union told WHYY it plans to appeal.
The Republican sheriff was ousted last month by a Democratic opponent, who plans to exit the agreement.
Council discussions
All of Springdale’s council members were aware of the agreement before it was signed, Copeland said.
Councilman Joe Kern corroborated Copeland’s statement, saying he and the other councilors knew about the agreement.
He said he recalls the partnership being discussed during a public budget meeting, but he doesn’t believe a formal vote took place. Though he supports the measure regardless, Kern said he would’ve preferred a public vote.
Council Vice President Jason Overly said he remembers informal discussions about the agreement, but he said there was never a vote.
Like Kern, he said he supports the partnership, but he would like to see it voted on publicly if that’s the legal requirement.
“You’ve got to do things the right way,” he said.
Councilman Jeff Hartz said he supports an agreement with ICE in principal, but he doesn’t recall any discussions on the matter.
“If I was made aware, I don’t recall,” he said.
Springdale Solicitor Craig Alexander declined a TribLive request for comment.
Council members Toni Robbins and Dolly Stephens also declined TribLive requests for comment. Councilman Mike Ziencik did not respond to a request for comment.
Task Force Model
The agreement makes Springdale an exception in Allegheny County, where departments generally shy away from collaborating with Homeland Security officials.
Robinson Police are the only other department in the county with a current agreement with ICE, according to the agency’s publicly available records. Stowe Police are listed as having a pending agreement.
Robinson officials didn’t immediately respond to inquiries about their partnership.
Springdale is part of ICE’s 287(g) “Task Force Model” program.
The program “allows local officers to enforce limited immigration authority while performing routine police duties, such as identifying an alien at a DUI checkpoint and sharing information directly with ICE,” according to an ICE website.
During local cases, an ICE supervisor would determine next steps, according to the site. Officers “may also exercise limited immigration authority as active participants on ICE-led task forces,” the site said.
It’s unclear what benefits Springdale Police may secure by entering the agreement.
Springdale Police Chief Derek Dayoub and Mayor Joel Anderson, who oversees the department, didn’t respond to TribLive requests for comment.
Alleged activity in the borough
Copeland said ICE sent police an email about engaging with the program, which resulted in the eventual agreement.
He said it was spurred by recent issues with people who are allegedly undocumented, calling it a “proactive” move.
The councilman cited problems with allegedly undocumented laborers and overcrowded homes in the borough.
Copeland said at least one violent incident in Springdale was related to allegedly undocumented people, but he said no one was charged and declined to provide details about what happened.
“I know it’s an unpopular move, but I take issue with what’s starting to happen in my community,” he said.
At this point, Copeland said, ICE and Springdale police are still in the preliminary stages of the agreement. He said ICE has not been active in the borough.
It’s unclear if the agreement will appear on a future council agenda.
ICE officials didn’t respond to a request for comment.