ALLENTOWN, Pa. — A memo released by Lehigh County commissioners sheds few new details on the county's policies regarding ICE operations at county courthouses.
However, the memo notes that while county officials will not cooperate with Immigration and Customs Enforcement at most of its facilities unless a judicial warrant is presented, those standards do not apply at Lehigh County Courthouse and the Historic Lehigh County Courthouse.
The memo was released Wednesday after angry residents and immigration advocates accused commissioners last month of allowing ICE to "kidnap" people inside and around the courthouse.
The memo was released Wednesday after angry residents and immigration advocates accused commissioners last month of allowing ICE to "kidnap" people inside and around the courthouse.
Josie Lopez, an organizer/activist for the Emergency Response Network, said her organization alerted a man inside Lehigh County Courthouse whom they believe ICE was trying to detain.
When the man left the building, she and supporters confronted a group they believe were plain-clothed ICE agents outside the facility.
Law officers not treated differently
At the time, commissioners could speak about policies in place at most county facilities but couldn't offer details about the courthouses, where President Judge Brian Johnson and Sheriff Joe Hanna have final say.
Commissioners Ron Beitler, Geoff Brace, Zach Cole-Borghi and Antonio Pineda later met with them, Executive Phil Armstrong, District Attorney Gavin Holihan and others to review what policies are in place.
However, the memo offered few details on what those policies are.
Brace said at Wednesday's commissioner meeting that while policies were discussed in private, they would remain confidential for public safety reasons.
The memo noted that Johnson, Hanna and Holihan did not treat law enforcement agencies differently based on their jurisdiction.
Local police, county detectives, state troopers, federal marshals and ICE agents all abide by the same rules inside the courthouse, the memo stated.
The policies that are in place were reviewed by the Administrative Office of Pennsylvania Courts and determined to be appropriate, the memo stated.
Johnson set them after considering what practices are legal and promote safety, it stated. Johnson and Hanna's decisions are subject to change.
'ICE permitted to enter'
As of now, ICE has complied with county requests that its agents not interfere with the administration of justice, that they present identification and warrants and that they not wear masks within the facilities.
However, the memo acknowledged that ICE is an independent agency and may change its policies in the future.
"The court and sheriff have made deliberative determinations, within the bounds of their authority, to ensure the safety of all people present in the courthouses in the event of ICE actions."New memo released by Lehigh County commissioners
"Understanding that ICE is permitted to enter public spaces in the courthouses, as are all law enforcement agencies, the court and sheriff have made deliberative determinations, within the bounds of their authority, to ensure the safety of all people present in the courthouses in the event of ICE actions," the memo said.
"The Board of Commissioners will need to exercise its duty of care as it is permitted under state law and the home rule charter, in conjunction with the county executive, to ensure that all other county facilities are properly safe and secure."
LehighValleyNews.com contacted the Lehigh County Sheriff's Department and Lehigh County Court Administration requesting more details regarding their policies regarding ICE at the courthouses. Hanna did not respond.
Stacey Witalec, director of communications for the Administrative Office of Pennsylvania Courts, responded on Johnson's behalf, saying because of safety and security concerns, no further information could be released.
County settled lawsuit
Lehigh County officials are particularly sensitive to ICE matters after settling a 2010 lawsuit filed on behalf of Ernesto Galarza.
When Allentown police arrested Galarza, a New Jersey-born construction worker — the charges were later dismissed — ICE officials filed a detainer requesting the Lehigh County Jail hold him until its agents could take him into custody.
Lehigh County and Galarza settled, with the county agreeing to pay him $95,000 and to no longer enforce ICE detainers without a court order.Lehigh County Court documents
Galarza had already posted bail, but the county honored ICE's request for three days. When ICE agents arrived, they realized he was not the man they were seeking.
Galarza sued the city, county and ICE, and the city and ICE quickly settled for $25,000 each. A federal judge later found that the county was liable as the detainer amount carried no official weight.
The county and Galarza settled, with the county agreeing to pay him $95,000 and to no longer enforce ICE detainers without a court order.
In the memo, Brace said it was concerning that ICE would not indemnify the county for the federal agency's actions inside the courthouses.
The memo encouraged people concerned with ICE's behaviors to contact U.S. Rep. Ryan Mackenzie, R-Lehigh Valley, and Pennsylvania's U.S. Sens. John Fetterman, a Democrat, and Dave McCormick, a Republican.
