Luzerne County District Attorney Sam Sanguedolce has accepted an invitation by the Department of Homeland Security for his detectives to take part in immigration enforcement matters with the U.S. Immigration and Customs Enforcement, or ICE.
The district attorney’s office would be the first in Pennsylvania to join an ICE program that deputizes local law enforcement officers to carry out limited immigration enforcement under the supervision of the federal agency.
The program has existed since 1996 and was first implemented in 2002, but is expanding now following President Donald Trump’s executive order in January to utilize the federal-local partnership by the “maximum extent permitted by law.”
“We were approached by Homeland Security to join forces for multiple reasons. They do a lot of federal investigations that are a risk to public safety,” Sanguedolce said.
Sanguedolce said the agreement would allow detectives to assist in detaining people arrested for crimes that are in the country illegally.
“It’s not our intent to go out independently looking for people with immigration issues,” Sanguedolce said. “They will become task force officers in the same way we have officers who participate in our countywide drug task force.”
Luzerne County District Attorney Sam Sanguedolce holds a press conference in the rotunda of the Luzerne County Courthouse Monday. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
More than 700 law enforcement agencies in 40 states are currently a part of the ICE 287(g) Program.
The Luzerne County District Attorney’s Office is “pending” approval, according to the ICE website.
In Pennsylvania, there are seven sheriff departments, including Bradford County, five constables and one regional police department taking part currently.
The Luzerne County District Attorney’s office, the sheriff’s departments in Cambria and Washington counties, and the Manheim Police Department in Lancaster County are “pending” approval.
Sanguedolce said he expects all of his 18 detectives to be trained to assist Homeland Security and ICE agents should the agreement be approved.
The ICE 287(g) Program has three models — jail enforcement, task force, and warrant service.
Sanguedolce applied to be part of the task force model.
ICE’s website says the task force model “allows 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 website says.
The ICE website says local law enforcement must take part in extensive training to participate in the program. The training includes “scope of authority, immigration law, civil rights law, cross-cultural issues, liability issues, complaint procedures, and obligations under federal law.”
“The 287(g) Program enhances the safety and security of our nation’s communities by allowing ICE Enforcement and Removal Operations (ERO) to partner with state and local law enforcement agencies to identify and remove criminal aliens who are amenable to removal from the U.S.,” the ICE website says.
Agencies in Florida represent 43% of total agreements with ICE, followed by Texas with 14%.
The states of California, Connecticut, New Jersey, Illinois, Oregon, and Washington prohibit such local law enforcement agreements with ICE, according to ICE’s website. There are no agreements in Delaware, Hawaii, Rhode Island, and Vermont.
In Pennsylvania, the American Civil Liberties Union has partnered in a lawsuit against the Bucks County Sheriff’s Department, claiming the sheriff didn’t have the authority to enter into the agreement without the consent of the board of commissioners.
“Local law enforcement is not equipped to operate as immigration agents and often make serious mistakes that can put the lives and livelihoods of those they target in serious jeopardy and cost taxpayers millions of dollars,” the ACLU said in a statement when the lawsuit was filed.
Sanguedolce said the agreement with ICE would shift liability away from Luzerne County if detectives participate in immigration matters, unlike now.
Frankie Malacaria, of the Democratic Socialists of America, which has been criticizing a plan for ICE to lease space the the Luzerne County Flood Protection Authority headquarters in Forty Fort, said he believes Sanguedolce has “questionable legal standing” to enter into the agreement with ICE without approval by Luzerne County Council.
Luzerne County Council President John Lombardo, a Republican like Sanguedolce, said he supports the district’s attorney’s office cooperating with ICE, but wasn’t immediately sure if the Republican-majority council needed to approve the agreement.
“I support law enforcement’s ability to capture people breaking the law,” Lombardo said. “I can’t comment at this time if it is something the council needs to look into.”
Joanna Bryn Smith, an attorney who is a Democrat on county council, said she believes the council should have a say on the matter, not just Sanguedolce.
“He is an elected official. He is independent, but there are things we have to approve of. I hope it comes before council before it’s approved because we could get sued,” Smith said. “This is the type of thing the council would have to approve.”