Lackawanna County Debates Immigration Policy Amid Legal Concerns

Lackawanna County solicitor's memo raises questions about proposed ICE contact policy

Lackawanna County is embroiled in a debate over a proposed policy concerning federal immigration enforcement, which has sparked legal concerns and public interest. A confidential memorandum from the county’s solicitor suggests potential criminal liabilities for the county if the policy is enacted, although details remain undisclosed due to a decision by two commissioners to withhold the document.

Commissioner Bill Gaughan, who advocates for the policy, questions the confidentiality of the memo, arguing for transparency in policy analysis, especially when it directly impacts the public. Gaughan said, “I question why a policy analysis affecting the public should be treated as confidential when the policy itself will be and has been debated publicly.”

Gaughan’s proposed policy, dubbed the Protect Our Neighbors Act, is designed to guide how county officials interact with Immigration and Customs Enforcement (ICE) agents. However, the solicitor’s memo reportedly warns that officials following this policy could face criminal charges for potentially obstructing ICE operations.

Policy Provisions Under Scrutiny

The Protect Our Neighbors Act aims to establish boundaries for county employees regarding immigration enforcement. Key proposals include prohibiting county agencies from inquiring about a person’s immigration status unless legally required, ensuring county services are not contingent on immigration status, and barring county employees from detaining individuals solely on ICE detainers without a judicial warrant.

Community Support for the Act

Many residents have voiced strong support for the act. Elizabeth Aguilar, who shared her family’s experience with fear of ICE as a child, emphasized that “children should not be afraid to go to school, and people should not be afraid to go to work.” Alejandra Marroquin, a longtime county resident, urged the commissioners to act with “moral courage” and learn from historical events like the Holocaust.

Julie Schumacher Cohen recounted a recent incident of racial profiling, noting that the act would send a message of upholding Constitutional and human rights, while Jessica McGuigan highlighted the gap in ICE’s mandate versus practice, arguing that county employees should not be part of this gap.

Cyrus Olsen and Judy Quinlan also expressed support, with Olsen discussing the fear in communities and Quinlan recalling the ethnic segregation of Scranton in her youth.

Opposition and Concerns

Despite widespread support, the act also faces opposition. Teresa Ripley emphasized the importance of legal immigration, stating, “Legal is a very important term, and … all immigrants should be legal.” She expressed concern over what she perceives as an open-border policy under the current administration.

Commissioner Thom Welby, acknowledging public impatience, stressed the need for thorough review, citing potential legal challenges and financial burdens if the act conflicts with federal law. Commissioner Chris Chermak echoed this sentiment, emphasizing the importance of getting the legislation right.

As the debate continues, the commissioners plan to review the memo and the act thoroughly, balancing legal concerns with public demand for action.

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