Council Says No 287 (g)
by Kyle Hudson
At West Chester Borough’s public safety meeting on Tuesday, Feb 10th, Councilman Brian McGinnis proposed a new ordinance to require borough council approval before the police department enters into a 287(g) agreement. A 287(g) agreement authorizes U.S. Immigration and Customs Enforcement or (ICE) to delegate state and local law enforcement officers the authority to perform specified immigration officer functions under ICE direction and oversight.
Councilwoman Lisa Kearns shared her struggle with the ordinance, eventually siding with Councilman McGinnis. “The one thing I think I know for sure is that we cannot continue to remain silent and do nothing as a local government,” said Kearns, “We can’t do that as our local immigrant community is terrorized and lives in fear. These are courageous people who are now being forced to live in the shadows. These are not the worst of the worst; these are our neighbors, our friends, our co-workers, and they are living in fear, right now, in West Chester.”
Not everyone supports the ordinance, however. Earlier that day, Mayor Lillian DeBaptiste announced that she and Chief Lee had developed a policy stating the West Chester police department (WCPD) would not enter into a 287(g) Agreement. Mayor DeBaptiste was concerned the creation of an ordinance, as well as the inevitable discussion surrounding it, would attract ICE attention.
“Like so many Americans, as the Mayor of the Borough of West Chester, I have been shocked by many recent events, and I have seen and felt the concerns of many of our community members.” The Mayor continued, “Please know that by policy, the WCPD does not enforce immigration laws, [they do not] inquire about people’s immigration status and [they do not] detain people based on immigration status. In the history of the WCPD there has never been, and there will never be a 287(g) agreement with ICE.”
However, Councilwoman Kearns stated that while this was a good first step, she questioned if this policy alone went far enough. The proposed ordinance would protect future administrations from changing that policy without council input. Kearns highlighted that “as quickly as a [policy] was made, it can be changed.”
Mayor DeBaptiste responded, “My concern is I hope that in your quest to do good, because what you are doing is good, you have not put a target on the very people that you want to help. That is my hope and that is my prayer, because it’s brown and Black people who are being targeted, it’s brown and Black people whose lives are at stake, and you do have the privilege of making all of the ordinances you want and not having to suffer the consequence.”
Former mayor and state representative Dianne Herrin a also spoke about the ordinance, citing the home rule charter. Herrin stated the Mayor “controls the police department, directs the activities of the police department through the chief of police. While the borough council controls police department hiring and finances, all operational control is vested in the office of the mayor.” Herrin thought the borough council was overstepping its authority, a point Councilman McGinnis disagreed with her on in a heated exchange.
Councilman McGinnis stated that, in his opinion, “entering into an agreement would obligate borough [resources] that may expose the borough to fiscal and legal risk. As such, participation constitutes a matter of municipal policy.”
The ordinance was forwarded to the borough council 3-0 and will be on the agenda for this month’s Borough Council work session, which will take place at Borough Hall on Tuesday, Feb 17.
In related news, it was announced the following morning Immigration and Customs Enforcement had rented out a field office in Tredyffrin. We will keep you updated on that story as it develops.