Fox Chapel officials have approved a new police department policy and borough resolution limiting interactions with U.S. Immigration and Customs Enforcement.
Council unanimously voted Monday to approve the policy. However, its members voted 4-1-2 on the resolution.
Council President Andrew Bennett dissented. Council Vice President Harrison Lauer and Councilman Wesley Posvar abstained.
Council members Barry Schaitkin, Bradley Harrison, Frederick Leech and Betsy Monroe voted in favor.
Lauer and Bennett both said the police policy addressed ICE interactions and felt the resolution was not necessary.
Posvar said the resolution does not go far enough and encouraged residents to contact Congress for real immigration reform.
Policy and resolution details
Mayor Jonathan Colton said the new policy clarifies how officers should act if there is any ICE activity in the borough, or if a federal request is made. However, operational impact is minimal.
“The Fox Chapel Police Department has never considered enforcement of federal immigration law as one of its roles,” Colton said. “So many police departments in Allegheny County feel the same way. We’re not going to make it part of our job. Our role is enforcing Pennsylvania and local laws. It’s going to stay that way. Nothing’s changing under this policy.”
Colton said the policy was “pro-clarity” and necessary to address uncertainty within the department and the community.
The three-page policy states officers shall verify any criminal warrant for fugitive status and report to state or federal authorities during traffic stops if the underlying crimes are felonies, particularly crimes of violence.
“Officers shall not arrest, detain or continue to hold an individual based only on a civil immigration warrant or an administrative immigration detainer,” the policy states. “Borough resources, including personnel time, vehicles, facilities and equipment, shall only be used in furtherance of local law enforcement duties and public safety priorities and not initiate or carry out federal immigration enforcement.”
The policy goes on to state that officers “shall respond to calls for assistance from any law enforcement office, including federal agents, who are in immediate physical danger or engaged in a life safety emergency.”
The policy does not prohibit cooperation with federal authorities in investigations involving serious criminal activities, such as drug trafficking, violent felonies or threats to national security.
The one-page resolution states local police departments should focus resources on community and safety and the enforcement of local and state laws for which it has statutory jurisdiction.
“Council believes that enforcing immigration law is a federal responsibility,” the resolution read in part. “Council desires to create written policies governing the operations of the Fox Chapel Police Department that are consistent with its current and past practices.”
The resolution also states the borough will not commit resources toward non-criminal administrative enforcement activities, and prohibits entering into any an ICE 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.
Harrison, who voted in favor of both the police policy and the resolution, said he was moved to action by recent ICE activity and residents’ concerns.
“I like to show the community where we stand on the subject,” he said after the meeting.
Both the resolution and policy were posted on the borough website as part of the meeting’s agenda packet.
Charles Watson, who officially took over as police chief Monday, declined to comment on the new policy.
Audience participation
Audience members were split on the resolution, with about the same number voicing support for and opposition to the resolution prior to council’s vote.
Resident Sandy Garfinkel, who was among the residents last month encouraging council to consider such a resolution, thanked elected officials for having one ready and on an agenda so quickly.
“I think it will be very effective if you pass it to achieve the goals that we described our concerns about,” Garfinkle said. “There are a couple communities since last meeting that have passed similar resolutions. Plum Borough was one of them. Allegheny County Council passed a resolution last week prohibiting any county employees’ cooperation with ICE, which I think is useful for you to know.”
Resident Rachel Thompson echoed those comments and believes the resolution will benefit the community.
“This does have real-world impacts,” she said. “I’m so thankful that you’ve really gotten on it, and worked on drafting this resolution. I think it’s awesome. That’s actually way faster and better than I’ve seen local government act.”
Oakmont Council in February approved a resolution for non-cooperation with ICE and Customs & Border Protection.
Some attendees said it was important for the borough to go on record addressing recent ICE actions, including the detainment and later release of Jose Flores earlier this year. Flores, an Oakmont Bakery employee, is from Nicaragua and has pending asylum application.
Others believe the resolution was political grandstanding and virtue signalling.
Resident Patrick Minogue had asked for council to table the resolution until more residents had a chance to review and comment on the matter.
“A lot of residents live busy lives, complicated lives and don’t have time to monitor borough activities continuously,” Minogue said. “I think it’s incumbent to get everyone’s input on this (and) allow some more time.”
Mike Pohl, Fox Chapel Volunteer Fire Department lieutenant, raised concerns about the resolution’s language and said it singles out ICE instead of addressing all federal agencies.
“I don’t necessarily have a problem with the philosophical merit that local resources shouldn’t be used to support federal actions, but make it universal,” Pohl said. “Don’t just cherry-pick one agency.”
Resident Rob Marsh said the borough should focus more on local issues like fixing traffic lights, potholes and power lines and less on more national/political issues.
“One of the great things about Fox Chapel is that it’s really never very been political,” Marsh said. “It’s been much more about living here, residing here, having a peaceful life here and not engaging in partisan politics.”
Minogue said after the meeting he was disappointed with council’s actions.
Nearly every audience seat was full, a fact that did not slip by the council president.
“It’s nice to know that residents are paying attention, and when issues come up (residents) come and provide feedback to all of us,” Bennett said.