An immigration enforcement agreement that melted away in sunlight has again solidified.
Two weeks ago, Stowe Deputy Police Chief Charles Wilker told Public Source his department was terminating its agreement with ICE so they could “negotiate” the matter with the township’s elected commissioners, who had not been consulted. Later that day, the department disappeared from a national list of formal ICE partners.
A week later, Stowe was back on the list, with a new agreement dated Dec. 11, according to ICE. It does not appear that the township commissioners were informed of the decision.
“I did not hear anything about it,” Commission President Cheryl McDermott said Wednesday.
Stowe police did not respond to a request for comment Wednesday.
The agreement, known as a 287(g) and categorized as a “task force model,” effectively deputizes local officers to act as immigration agents, including questioning people about their immigration status.
Police forces in Robinson and Springdale are also on the list of formal ICE partners. Swissvale and Bellevue, conversely, passed resolutions prohibiting cooperation.
Stephen Loney, attorney at the Pennsylvania ACLU, said any agreements brokered by a municipality should be approved in a public vote by the council or commissioners, rather than unilaterally enacted by law enforcement.
Robinson refutes ICE records
In Robinson, a neighbor to Stowe, ICE records show the police force has an agreement with ICE active since July.
Reached Wednesday, township Solicitor Jack Cambest disputed that record. “There’s no agreement,” he said, adding that “any agreement we would sign like this would need to be brought before the commissioners in a public vote.”
ICE records, though, include a copy of an agreement with the township signed by Police Chief Timothy Westwood.
Cambest said the agreement was never brought before the commissioners, nor was there ever a public vote.
Chief Westwood did not respond to a request for comment.
Springdale stands by agreement
In Springdale, officials stood by their new agreement, inked Nov. 6, when questioned during a Dec. 17 public meeting.
Resident Danny Rosenmund asked for clarity on the legality of the agreement, which he said could have been passed in violation of the Sunshine Act. The agreement was signed without a formal council vote, and the Sunshine Act requires local governments to vote in public on contracts and agreements.
“I do believe that that may have been ill-advised,” said Rosenmund, who sits on the Springdale Free Public Library board though said he was speaking as a private citizen.
Solicitor Craig Alexander later addressed the issue, citing a portion of state law permitting local officers to work outside their “territorial limits” when “requested to participate in a federal, state or local task force and participation has been approved by the police department of the municipality which employs the officer.”
Alexander did not speak to whether such an agreement would still require a public vote.
“That is where that authorization came from, and if someone decides to challenge it, they’re more than able to do that,” he said.
Police Chief Derek Dayoub thanked Alexander for his address without adding to the record.
Swissvale and Bellevue say no
Some Allegheny County municipalities have passed legislation to prevent their police from collaborating with ICE.
In Swissvale, the council unanimously passed a resolution in early September codifying “that Swissvale will not enable or assist ICE related to civil law enforcement or ICE program 287(g).”
The resolution states that no state or federal law requires municipal police to assist ICE, and that enforcing immigration is not the responsibility of local law enforcement.
The Swissvale Police Department will continue to enforce any criminal warrant legally issued by an independent judge.
“Morally, it’s appalling what is going on in this country with regard to immigration right now,” said Councilor Kevin Hanes during a public meeting Sept. 3. “People are targeted because they don’t look like me. People are targeted because they are carrying around a shovel. People are targeted because they are working in a restaurant. This is not okay. What we are doing here in Swissvale right now as a council and as your elected officials, we’re saying: ‘Hell no in Swissvale.’”
Bellevue Mayor Val Pennington said he directed the police chief earlier this year not to enter into any 287(g) agreements. “Nor would we either stop any individuals or assist ICE with detaining anyone solely based on immigration status,” Pennington told Public Source.
“These are civil issues, and the job of our Police Department is to focus on criminal activity, not civil immigration enforcement,” Pennington added.
Like Swissvale, Bellevue council unanimously passed a resolution on Oct. 28 cementing Pennington’s directive and prohibiting the borough from entering agreements with ICE.
The resolution adds that Bellevue officers will not ask people about their immigration status, and the police department will not disclose information regarding immigration status to ICE, unless directed to do so by a judge. The resolution also calls for police training to comply with the policy outlined in the resolution.
“It was important to us that we show no ambiguity as to where we stand on the matter,” said Bellevue Councilor Jennie Denton.
Rough arrest adds to ICE controversy
Video of an apparent ICE arrest in Mount Washington circulated on social media on Wednesday, prompting some commenters to rail against President Donald Trump’s immigration crackdown.
In one video, two men in vests marked “Police” repeatedly punch a man while he is on the ground and then sit on him as he cries out in Spanish. A person then approaches the scene of the arrest and repeatedly tells the arresting agents, “He’s telling you, he cannot breathe.” The agents eventually bind the arrestee’s hands, stand him up, lead him to a white minivan and shove him inside.
In another video taken somewhat later, Pittsburgh police stand near the van.
The immigrant rights group Frontline Dignity issued a release saying the arrest happened around 8 a.m. and adding that the arrestee’s truck window was smashed.
“The graphic brutality of federal agents in our streets is beneath the call of law enforcement to keep everyone in our country safe, ” said Jaime Martinez, executive director of Frontline Dignity. “Our community must unequivocally condemn these actions and stand for dignity.”
A request to ICE for information and comment was not immediately answered.
Jamie Wiggan is deputy editor at Pittsburgh’s Public Source and can be reached at jamie@publicsource.org.
Quinn Glabicki is the environment and climate reporter at Pittsburgh’s Public Source. He can be reached at quinn@publicsource.organd on Instagram @quinnglabicki.
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