Several Fox Chapel residents encouraged their elected leaders to pass a resolution establishing a policy regarding enforcement of noncriminal federal immigration laws.
Specifically, they asked for something stating borough police will not assist U.S. Immigration and Customs Enforcement agents or those from U.S. Customs and Border Protection related to civil law enforcement. They also asked council not to enter the borough into an ICE 287(g) cooperation agreement.
“Anybody who is watching the news knows that this is an incredibly important issue right now across the country and also in our region,” resident Sandy Garfinkel told council Feb. 16.
“We have had communities pass laws locally forbidding cooperation of their law enforcement with ICE. … I hope that you are considering it, discussing it as council and conferring with your solicitor about the possibility of passing such a resolution.”
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.
Springdale police have such an agreement, which it signed in November without a public vote.
Garfinkel praised Fox Chapel police for their professionalism and positive community impact.
“The agents of ICE can be counted on to behave in the opposite way as we’ve seen,” Garfinkel said. He said cooperation with ICE could erode citizens’ trust in the community.
“In order to preserve the trust we have in our great police force, we want to make sure not to tie them together with a law enforcement body that is not doing its job under the Constitution. That is abusing its power. We don’t want our police force to be associated with that.”
Resident Dana Kellerman also stressed the need to keep the public’s trust and spoke against entering an agreement or cooperating with ICE.
“Without the assurance that the Fox Chapel police will, as they always have, serve our community, residents may be too frightened to report crimes such as domestic violence or serve as witnesses to crimes,” Kellerman said.
Others, including residents Nathaniel “Chip” Myers, Mary Rosillo and Bob Heister, followed with similar comments.
Rosillo referenced recent ICE detainments. She said local police should focus on local issues and not federal ones with Department of Homeland Security.
“We have to decide what side we’re on,” Heister said. “This is a ‘side’ matter. It’s not a political matter. It’s a side matter. What ICE is doing is un-American. It’s illegal, and we can be complicit or we can oppose. We can set an example for other communities here in the north and Allegheny County, or we can be quiet, because it’s really none of our business. We have to stand up.”
There was more public participation at this month’s meeting than at many others in recent years, a fact that did not go unnoticed by borough officials.
“I like getting feedback from the community, and this is obviously an important issue,” Mayor Jonathan Colton said Feb. 16. “It hasn’t gone without notice.”
Colton went on to announce he is working with the police department on an internal policy regarding federal enforcement of federal immigration law.
The mayor said they will check with other municipalities to see what related policies they have as well as seek out legal counsel as part of the policy process.
“The Fox Chapel Police Department, like so many other local police departments in Allegheny County, has always seen its role as enforcing Pennsylvania and local law, and we will continue to do so at a very high level,” the mayor said. “We have never viewed enforcement of federal immigration law as part of our role.”
Colton said he has no intention on having the police department enter into an ICE cooperation agreement and would not recommend council do so.
Council Vice President Harrison Lauer told residents after the public comment portion of the meeting council would be looking into the requested resolution.
He informed residents prior to them speaking that there would not be a dialogue, just information gathering.
Council later adjourned the meeting into an executive session for personnel matters and “advice from (the) solicitor,” according to the agenda.
Councilman Brad Harrison afterward said he cannot comment on the closed-door discussion but expressed support for the mayor’s comments and residents’ request.
“In general, I’m supportive of the ideas brought forth by the residents last night, and I look forward to working on a direct, Fox Chapel-specific policy to address resident concerns and actions by ICE,” Harrison said Feb. 17.
Councilwoman Betsy Monroe was grateful for the community participation.
“I was really glad to see so many people show up last night,” Monroe said Feb. 17. “I was not expecting that, but it shouldn’t have been surprising.
“People want to feel safe in their homes and their community, and we want to know our friends and neighbors are safe as well. Fox Chapel Borough Council takes those concerns very seriously.
“We don’t usually take positions on federal issues, but we will consider the issue at the local level.”
Churchill officials Feb. 9 passed a resolution it would not enable ICE in civil immigration activities and would not enter into a 287(g) agreement. Swissvale took similar action in early September.
Oakmont passed its noncooperative resolution Feb. 17.
Oakmont police Chief Michael Ford said it only applied to civil enforcement, and the borough will continue to work with federal agencies in criminal investigations.
Fox Chapel Council on Feb. 16 also voted to hire Charles Watson as its new police chief. He starts March 16.
He declined to comment on the ICE issue, stating any policies or resolutions would come from council and the mayor.
ICE presence
Colton said there has been no ICE activity in the borough this year and is unaware of any prior to January 2025.
Interim police Chief Craig Sorg said there were two incidents last year in which ICE notified the department of vehicles along Fox Chapel Road that needed to be towed after the agency conducted traffic stops.
Sorg said the department received no advance notice of their operations or information about the agency’s possible targets and were only contacted after the operation was over.
The mayor said, regardless of policy, the borough cannot and will not stop a lawful ICE operation.
“Not cooperating is not the same as impeding,” Colton said Feb. 18. “We recognize we cannot impede legal federal enforcement of federal immigration law.”