ICE protesters gathered outside of City Council’s Tuesday night meeting earlier this month.
Harrisburg City Council passed legislation last night that limits the city police bureau’s ability to work with U.S. Immigration and Customs Enforcement (ICE).
If signed into law by Mayor Wanda Williams, the legislation would prohibit city officials and employees from inquiring into or collecting information on or retaining people’s citizenship or immigration status, except when required by federal or state law.
“There was an enormous showing for the public to discuss this bill,” said Council Member Ausha Green. “Most residents, members of the public, came out to support legislation, but noted that they would like it to be stronger and to protect the residents of Harrisburg and everyone who frequents our city.”
Earlier this month, council members expressed interest in creating such legislation after residents spoke about their concerns about ICE presence in the city and amidst growing nationwide tensions during public comment.
“We will continue to work on this as this grows, because I don’t think it’s going to slow down any time soon,” council vice president Lamont Jones noted.
Employees would also be restricted from using city funds, personnel, equipment, data, technology, property or facilities to assist in the investigation, detention or arrest of anyone due to an immigration violation.
The legislation would also block employees from giving ICE access to non-public city facilities without a warrant.
Council member Jocelyn Rawls asked if the legislation could be amended to also block employees from coming onto any city facility, but received pushback.
“My thought is even, I don’t want them or anyone walking around the building trying to find people because that’s what I’m nervous about too,” Rawls said.
City solicitor Neil Grover had concerns about such an amendment’s legality.
“The reason you’re doing this is because the federal government has gone down a path that is trampling on rights, and it’s hard not to react back and come up with things to push back,” Grover noted. “But then you’re also trampling on rights, and if any government can tell anybody here they can’t be in a public area, that is the same thing as martial law.”
Rawls ultimately withdrew the suggestion to give it more thought in order to “do it in a way where we don’t get involved in any lawsuits,” she said.
“We don’t want to lose any more money,” she said.
Under the legislation, employees would also be unable to detain anyone based on a civil immigration non-judicial detainer or administrative request and would not be able to provide advance notice to ICE of release dates, except as required by law.
Police bureau officials have stated that they do not interact with ICE unless called to an incident. They are also required to report to federal agents if they come across someone with an immigration warrant against them.
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