Written By Caleb Brown (News Director)
By a 3-2 vote,, Monday night Pottsville City Council tabled the approval of a memorandum of agreement between the Pottsville Bureau of Police and Immigration and Customs Enforcement to enforce “certain” immigration enforcement functions under the Task Force Model under Section 287(g).
This comes after several other agencies in the county entered into agreements with ICE. According to information posted to ICE’s website, participating in 287(g) includes the police departments of Shenandoah, Schuylkill Haven, Frackville, Mahanoy City, and Orwigsburg Boroughs, as well as the Schuylkill County Sheriff’s Office.
Discussion
When the matter came up for discussion, Council Scott Price would immediately propose tabling the agreement. “I had asked some questions in the back that I would like to get some answers on for reimbursement and liability, and such.”
Councilman Andy Wollyung would follow, however, voicing disagreement against the agreement entirely, saying, “I don’t think we should table this…I don’t think this should be here.”
Wollyung continued saying, “To bring this forth here. We have a diligence to our city and what it serves. This is a federal issue. This should not become a local problem. We should not be utilizing our police in this manner.”
Later he said, “I do not believe that we need to sell our morals for that cost…”
He concluded, stating, “I think this needs to be a no vote, and I think our council needs to show those morals.”
Mayor Thomas Smith would counter, saying, “ICE is already here.” He then clarified that what is being offered is training on how city officers can better do their jobs. “When they do pull someone over, that is that. They are not looking for people that have families, that are supporting them; they are looking for illegal people, whether they are from Sweden, Japan, wherever. It doesn’t matter.”
He further stated, “There’s going to be no search. They are not going to search anybody. This is during a traffic stop or something, but it’s going to facilitate taking that person instead of tying them up for hours.”
“I’m not thrilled about it myself, but they’re already here, guys, and the problem we have now is all the surrounding communities are already enrolled with them. So now what you’re doing is making Pottsville a sanctuary city,” he finished,
Wollyung would reenter the discussion, disagreeing with Smith’s statement. “That’s not true,” Wollyung countered. “If tomorrow one of our officers address somebody on the street, then they can arrest them if they are committing a crime, and they can prosecute them just like they do everybody else. That does not make Pottsville a sanctuary city. We are not deciding whether they should be present or not.”
“I think it’s a very big decision for the city, it’s very important,” Price said. “I personally would like to get answers to the questions, and I would also like to personally speak to some officers to see their opinion on a program.”
“I think it’s too big of a decision to make in one night, where we just got most of the information, I mean, by this time, eight hours ago.”
After the vote, Councilwoman Dorothy Botto would speak, stating that part of the training would bring ICE Officers to the city as members of the agency would be present in the cars with city officers.
What is Section 287(g)
According to the Immigration and Customs Enforcement’s website, the 287(g) program allows local law enforcement agencies to enforce aspects of immigration law. Specifically, the website highlights the authority to:
- “Identify and process removable aliens with pending or active criminal charges.”
- “Enforce limited immigration authorities with ICE oversight during routine duties.”
- “Serve and execute administrative warrants on removable aliens in your jail.”
The site claims agencies within this program receive access to ICE resources and training. Training ICE claims to cover. Listed among the training offered are immigration law, multicultural communications, and avoiding racial profiling.
The 287(g) program consists of three models. The Task Force Model is specifically described as allowing “your officers to enforce limited immigration authority while performing routine police duties, such as identifying an alien at a DUI checkpoint and sharing information directly with ICE. An ICE supervisor determines next steps. These officers may also exercise limited immigration authority as active participants on ICE-led task forces.”
The Vote
Wollyung would second Price’s motion. Joined by Botto, the three voted to table the motion, while Smith and Councilman Johnathan Marsh voted no.