State College has a new ordinance limiting cooperation with ICE. Here’s what it does

The State College Borough Council unanimously approved a new ordinance Monday that formally limits how borough employees and resources can be used in federal civil immigration enforcement.

The “State College Community Trust and Non-Participation in Civil Immigration Enforcement Ordinance” legally establishes when borough employees may — and may not — cooperate with federal immigration agencies such as U.S. Immigration and Customs Enforcement. It does not prevent federal authorities from enforcing immigration law.

Though the borough has codified policies such as a 2017 police department policy that limits officers’ involvement in immigration enforcement, the ordinance codifies the protections into law and expands them across borough government through a legally binding ordinance.

Advocacy groups that have been pressing the council for such an ordinance for months say this is a win for the protection of immigrants and the overall community.

Here’s what residents should know.

What does the ordinance do?

The ordinance prohibits borough employees from participating in or using borough resources for federal civil immigration enforcement unless required by federal or state law, a court order or a judicial warrant.

An amendment that was approved during Monday’s meeting removed the requirement for local police and borough employees to inquire the immigration status of residents.

Among its provisions, borough employees may not:

• Question people about their immigration status unless required by law.
• Detain, transport or transfer someone solely for civil immigration enforcement.
• Honor ICE administrative warrants or civil immigration detainer requests that are not signed by a judge.
• Notify federal immigration authorities of someone’s release date, custody status, home address or other contact information for civil immigration enforcement purposes.
• Allow borough offices, vehicles, equipment or databases to be used for civil immigration enforcement.
• Enter into a federal 287(g) agreement, which allows local law enforcement agencies to perform certain federal immigration enforcement duties.

The ordinance also requires the borough to review its forms and remove questions about citizenship or immigration status, and make borough services more accessible by prohibiting the denial of services based on immigration status unless required by law.

When is the borough required to comply with federal authorities?

Borough Manager Tom Fountaine clarified during Monday’s meeting that the borough has not been involved in civil immigration enforcement since 2013, but added that they have worked with the Department of Homeland Security in the past, a division within ICE. The borough will still need to comply with those criminal investigation divisions on non-immigration criminal cases.

The ordinance repeatedly states that it does not interfere with lawful federal immigration operations and Borough employees may still cooperate with federal authorities when:

• A valid judicial warrant or court order exists.
• Federal or state law requires cooperation.
• Assistance is related to a criminal investigation.
• Emergency assistance is necessary to protect public safety.

Can ICE still enter borough buildings?

The ordinance states it does not prohibit federal immigration authorities from entering areas of borough buildings that are open to the public, such as public lobbies (police department lobbies), public parking lots or meeting rooms during public meetings. However, it restricts borough employees from granting immigration officials access to non-public areas of borough facilities for civil immigration enforcement unless required by law or supported by a judicial warrant.

The ordinance clearly states that borough employees are barred from allowing federal immigration authorities to use non-public borough offices (in the upper floors), staff-only zones, vehicles, databases, communication systems, records, cameras and other municipal equipment to carry out civil immigration enforcement.

The council emphasized during Monday’s meeting that the ordinance cannot prohibit ICE from accessing public spaces such as parks, streets, and libraries.

What authority does the borough have?

The ordinance applies only within the Borough of State College and governs the conduct of borough employees and the use of borough resources. It does not prevent federal immigration authorities from carrying out immigration enforcement within the borough.

Instead, it establishes that borough personnel and taxpayer-funded resources generally will not be used to assist with federal civil immigration enforcement unless required by law.

A prior “enforcement” section detailing penalties or direct consequences for employees that do not abide by the ordinance was removed before the final version was approved.

Fountaine explained the council does not have the authority to impose conduct rules on individual employees. He added how council members would need to enforce conduct through internal matters and rely on him to enforce the ordinance. “I would have to take action as a personnel matter, and if I fail to do that, you can take action against me,” he said during Monday’s meeting.

“Council does not have the authority to regulate individual employees or pass ordinances or laws that control the conduct of individual employees, and that is specifically prohibited through the borough charter,” he said.

The Centre County Rapid Response Network, a volunteer based network focused on protecting immigrant communities against deportation threats, has been urging the council to pass an ordinance draft they proposed called the Welcoming Ordinance, detailing specific language to prohibit cooperation with ICE.

While the network supported the passage of the ordinance approved Monday, members said they view it as a first step and will continue pushing for stronger protections in response to growing concerns about ICE activity in the community.

“What we know is that things keep changing, and so we’re going to have to keep paying attention ... I’m glad they are not treating this as a one and done,” Cricket Hunter, a volunteer member of the network, told the CDT.

While the council unanimously approved the ordinance, they acknowledged possible changes could be made in the future.

Paloma Pimentel

Centre Daily Times