Beth Ann Rosica: ICE document disputes counties’ assertion they comply with immigration policies

Despite local counties’ assertions to the contrary, a federal government document shows that all four collar counties are not fully cooperating with the U.S. Department of Immigration and Customs (ICE) regarding the transfer of illegal immigrants.

As I reported last month, local counties disagree with a national organization that classifies sanctuary locations. The counties have said they are not sanctuary locations and they fully cooperate with ICE.

However, last week the Center for Immigration Studies (CIS) published a new report that includes an internal document from ICE detailing local governments that are not fully cooperative because they do not give ICE adequate time to pick up noncitizens under their jurisdiction. CIS obtained the internal document from ICE through a Freedom of Information Act (FOIA) request.

The report specifically mentions two local counties. “Both Delaware and Bucks County continue to be named in ICE reports as ‘Limited Cooperation’ jurisdictions that do not hold criminal aliens for adequate time to enable the Philadelphia ICE Field Office personnel to assume custody for removal proceedings. This determination has been made by ICE, not by [CIS].”

The internal ICE report entitled, “Detainer Acceptance Tracker,” includes two categories of lacking cooperation:  Limited and Non-Cooperative Institutions. “Limited Cooperation” means that the jurisdiction provides the appropriate notice to ICE that an illegal immigrant is being released from a local prison but does not provide adequate hold time to allow ICE to take the prisoner into custody. “Non-Cooperative” means that the jurisdiction neither provides appropriate notice to ICE that an illegal immigrant is being released nor do they hold the prisoner up to 48 hours to allow ICE time to pick them up.

Many jurisdictions claim that CIS is not a legitimate organization, even though they are the most relied upon group to classify sanctuaries. CIS’s website describes the agency as “an independent, non-partisan, non-profit, research organization…The Center is animated by a unique pro-immigrant, low-immigration vision which seeks fewer immigrants but a warmer welcome for those admitted.”

Setting aside CIS’s self-description as nonpartisan, its policies are more closely aligned with right-of-center politics at the moment. 

Bucks County Commissioner Diane Ellis-Marseglia flayed the CIS and this outlet in response to a request about the new federal document. 

“Bucks County is not a sanctuary county. We fully cooperate with state and federal law enforcement partners. CIS is a designated hate group by the Southern Poverty Law Center. Bucks Countians do not care about the opinion of a hate group, and we find it alarming that anyone would lend them credibility, let alone report on them in a serious manner. Please see statements made by elected Bucks County Democrats, Republicans, and other officials fully disputing this absurd claim the last time we had to defend our County from this nonsense.” 

The Southern Poverty Law Center’s (SPLC) bias has been questioned by multiple sources. Two U.S. Senators last year demanded that the FBI stop sourcing investigative information from SPLC. “The SPLC is an extremely biased and unreliable source that classifies organizations as ‘hate groups’ if they promote traditional conservative values.”

Others, such as Cornell law professor William Jacobsen say the SPLC has turned its “hate groups” listing into a political “bludgeon.”

“For groups that do not threaten violence, the use of SPLC ‘hate group’ or ‘extremist’ designations frequently are exploited as an excuse to silence speech and speakers,” Jacobson said to Politico Magazine in 2017. “It taints not only the group or person, but others who associate with them.”

Delaware County did not respond to a request for comment but last month posted a statement on their website denouncing their sanctuary status. “Some residents have referenced the County being listed on a website as being a sanctuary county. We believe they are referring to a private, non-governmental website [meaning CIS] which lists Delaware County as being a sanctuary county. …This is factually untrue, and Delaware County should not be on this list.”

Despite the classification from ICE, Chester County Public Information Officer, Rebecca Brain said the county “maintain[s] a cooperative interaction with ICE.” 

Brain further said,“Chester County is not a sanctuary county and never has been a sanctuary county. Chester County Prison’s policy regarding individuals who are committed on an ICE detainer only (no other pending charges or holds) conforms to the U.S. Constitution, the U.S. Supreme Court precedent, and more specifically the Third Circuit Court of Appeal’s decision in Galarza v. Lehigh County, et.al. (2014). The County does nothing to impede or prevent Federal law enforcement authorities from performing their job duties, and Chester County maintains a cooperative interaction with ICE officials in these matters.”

Montgomery County Communications Director, Megan Alt, said in a request for comment, “Montgomery County has never taken a vote to declare itself as a ‘sanctuary county.’  As stated in previous commissioner meetings, Montgomery County will not detain someone for immigration purposes.”

According to ICE, eleven Pennsylvania counties are listed as “Limited Cooperation,” including Berks, Bucks, Chester, Delaware, Lehigh, Lycoming, Mifflin, Montgomery, Montour, Northampton, and Washington. Allegheny and Philadelphia Counties are listed as “Non-Cooperative.”

Chester County is not alone in referencing the Galarza decision as a rationale for not holding illegal immigrants up to 48 hours after their scheduled release from the local prison. Yet, the remaining 54 counties in the state are fully cooperating with ICE and giving the agency up to 48 hours to pick up a noncitizen who is under an ICE detainee order. Hence, they are not listed in the ICE report.

The most recent ICE annual report explains why it is important for local jurisdictions to fully cooperate. “Detainers are critical public safety tools because they allow ICE to focus enforcement resources on removable noncitizens who have been arrested for criminal activity as part of the agency’s discretionary authority. When lodged against criminal offenders who fall within ICE’s enforcement priorities, detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, the removable noncitizens, and the public — by allowing arrests to take place in secure and controlled custodial settings.”

In 2023, ICE issued a total of 125,358 detainers for “noncitizens with convictions and charges for numerous instances of serious criminal activity” including convictions or charges for assault, weapons offenses, burglaries and robberies, sex offenses, sexual assaults, kidnappings, and homicides.

Regardless of the counties’ assertions, the federal government — not CIS — has designated all four collar counties, Philadelphia, and eight other counties in the state as not fully cooperating with ICE. The detainers issued by ICE ensure public safety, and when local counties refuse to fully cooperate, they put communities and residents at risk for criminal and possibly violent activity.

Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty. Contact her at barosica@broadandliberty.com.