BETHLEHEM, Pa. — The Lehigh Valley's county executives say they'll stick with their existing immigration policies even as the Trump administration ratchets up pressure on communities to submit to demands from ICE.
The U.S. Department of Homeland Security recently released a list of "sanctuary" communities that it alleges are violating federal immigration laws.
The jurisdictions included on the list "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," according to the department's website.
Lehigh and Northampton counties are among 11 Pennsylvania counties included on the list. No specific reason is given for any of the counties' inclusion.
Lehigh County Executive Phil Armstrong mused the list was compiled by artificial intelligence; some experts have suggested that a report released by the "Make America Healthy Again" Committee relied on artificial intelligence as it cites non-existent studies.
"It would break our county. We’re following the rule of law."Phil Armstrong, Lehigh County executive
However, The Center of Immigration Studies, a think tank that seeks to limit all forms of immigration, has included Lehigh and Northampton on its list of sanctuary counties for years. Neither county will turn inmates over to U.S. Immigration and Customs Enforcement unless the federal agency presents a warrant.
Instead, both counties notify ICE whenever it's holding someone suspected of being in the country illegally and warns ICE when that individual is set to be released.
Armstrong and Northampton County Executive Lamont McClure, both Democrats, each disputed the designation Friday.
Roger MacLean, a Republican running for Lehigh County executive, and Tara Zrinski, a Democrat running for Northampton County executive, have both defended the existing policies as well. Josh Siegel, the Democratic candidate for Lehigh County executive, criticized the sanctuary label in a statement Friday.
"It's rubbish. It's naked MAGA politics. We fully cooperate with ICE," McClure said.
Origins of the policies
Lehigh County adopted its current policy in 2014 after a federal judge determined the county violated a New Jersey man's right to due process. At ICE's request, the county held Ernesto Galarza for three days in the Lehigh County Jail. When the agents arrived, they realized Galarza was not the individual they were seeking.
Galarza sued ICE, Allentown and the county. The city and federal government settled, but the county argued it was not liable as it was acting on ICE's instructions.
After an appeal, the U.S. Court of Appeals for the Third Circuit ruled that an ICE detainer is merely a request and not an official order. As a result, the county settled the case with Galarza and agreed to stop honoring ICE detainers unless they were backed by a warrant.
Instead, the county notifies ICE days in advance if officials believe someone suspected of being in the country illegally is due to be released from the Lehigh County Jail.
Armstrong said Lehigh County's policies are consistent not just with the settlement but with the recommendations of the Association of County Governments. If Lehigh County violated someone's due process rights, especially after the Galarza case, it would potentially leave the county on the hook for a multimillion-dollar lawsuit, he said.
"It would break our county," Armstrong said of the financial repercussions. "We’re following the rule of law."
McClure adopted Northampton County's ICE policy in March 2020, a day after ICE arrested an Upper Nazareth Township man inside the Northampton County Courthouse. Franklin Urrutia-Cordon, a Guatamalan who entered the country in 2007, was appearing in court on charges of drunken driving when ICE agents took him into custody during a lunch break.
Under the current policy, ICE must present a physical copy of a warrant if it wishes to arrest someone in county custody or on county property. Agents did not present a warrant when they arrested Urrutia-Cordon, instead performing an "administrative warrantless arrest."
If ICE presents a detainer instead, the county will hold the individual for 48 hours. Once the time is up, the person will be released regardless of whether ICE is waiting to pick them up or not.
U.S. Rep. Ryan Mackenzie, R-Lehigh Valley, has repeatedly criticized Northampton County's policy.
He's accused McClure of needlessly endangering public safety and the well-being of ICE agents by releasing suspected criminals onto the streets instead of ICE custody. The criticisms peaked early this year, immediately before McClure announced he would challenge Mackenzie in the 2026 congressional race.
Potential consequences
The list of sanctuary jurisdictions was released in response to an executive order Trump issued last month. The same order instructs federal officials to "identify appropriate Federal funds to sanctuary jurisdictions, including grants and contracts, for suspension or termination, as appropriate."
In the order, Trump also instructed the U.S. attorney general and the Department of Homeland Security to "pursue all necessary legal remedies and enforcement measures to end these violations and bring such jurisdictions into compliance with the laws of the United States."
It was not immediately clear what form any potential action by the federal government could take.
However, both Armstrong and McClure said they would not deviate from their existing policies. The approach they've staked out balances the need to preserve due process, public safety and supporting law enforcement, they said.
"If they want to push it further, we'll see them in court," McClure said.
"He’s lost 93% of his cases," Armstrong said of Trump. "If we’re following the law, I’m not afraid of legal retaliation."
