Illegal ICE Activity Won't Fly In Lower Merion Twp., Local Officials Say

LOWER MERION, PA — The Lower Merion Board of Commissioners have promised to protect residents from federal immigration authorities acting unlawfully. But the governing body also recognized its limits in handling Immigration and Customs Enforcement (ICE) agents in the township.

The commissioners expressed concerns about "reports of ICE behaving unlawfully and violently, and detaining legal immigrants and U.S. citizens," the board said Thursday in a statement. (The full statement is below.)

In late January, ICE stopped a vehicle on Overbrook Parkway in Penn Wynne and arrested the driver and passenger. Lower Merion Police were not involved in the encounter, and ICE didn't provide advanced notice — which was not required — according to law enforcement and local officials.

ICE agents were enforcing a judicial warrant, and the agency hasn't conducted enforcement in Lower Merion since, according to the statement. But the township is "not immune" to their presence, the commissioners said.

"The Board of Commissioners wants to reassure our residents that we will not stand for violence, lawlessness, or persecution of any kind and will do everything in our power to protect and support all our residents," the statement says. "We expect our residents to be treated lawfully and with respect."

Role Of The Township, Local Police

The township significantly limits collaboration with ICE, according to the commissioners:

• The board has prohibited Lower Merion Police from entering ICE's 287(g) program, which deputizes local officers to perform certain immigration-enforcement actions.
• Lower Merion Police do not enforce civil immigration orders.
• The township only provides resources to ICE agents if they have a judicial warrant.

Judicial warrants are court-issued, whereas administrative warrants come from the U.S. Department of Homeland Security, ICE's parent agency.

One key difference: an administrative warrant doesn't give ICE permission to enter or search your home, according to the ACLU.

The commissioners acknowledged the township's limits in regulating federal authorities. But they encouraged people to call Lower Merion Police if they see ICE agents.

"If you observe ICE activity taking place within our community, we encourage you to immediately contact the LMPD," the board said. "We believe that our community will be safer if our local law enforcement officials are present and observing when ICE is active."

Why Now?

No singular incident inspired the statement, says Board Vice President Jeremiah Woodring, who provided context before reading it out loud during committee meetings on Thursday.

"There are times when events in the world, our country or our township require a response by us as elected officials," Woodring (Ward 3) said, "to be clear about where this board stands, what the practice of the township is, what values we hold, or simply to show our residents that we stand with them."

Statements on the board's behalf are unanimously supported by all commissioners, Woodring said.

Full Statement

Here's the board's full statement:

"Our diversity is one of the reasons that Lower Merion is a tremendous community. The Lower Merion Township Board of Commissioners recognize the fear and uncertainty some in our community — especially those who may not have been born in the U.S. or who have family and friends who hail from outside the country — feel at the reports of ICE behaving unlawfully and violently, and detaining legal immigrants and U.S. citizens.

And while ICE activity, thus far, has occurred only once within our Township and was enforcing a judicial warrant, we believe that Lower Merion is not immune.

The Board of Commissioners wants to reassure our residents that we will not stand for violence, lawlessness, or persecution of any kind and will do everything in our power to protect and support all our residents. We expect our residents to be treated lawfully and with respect. And we know that our Township staff, and especially the Lower Merion Police Department, stand with us in defense of the public’s constitutional rights and the rule of law.

Lower Merion Township does not, and this Board will not, provide resources to ICE agents who have not obtained a valid judicial warrant, nor will LMPD enforce civil immigration orders. Likewise, the LMPD has not signed — and, without this Board’s authorization, cannot sign — a Section 287(g) agreement with ICE. This Board will neither initiate nor accept any requests to participate in such an agreement.

We all need to recognize that our legal authority over Federal activity has limits and that LMPD will not interfere with Federal law enforcement acting within their legal authority. However, we pledge to do the utmost within our own authority to ensure such activity is lawfully conducted and that our residents are safe and secure. If you observe ICE activity taking place within our community, we encourage you to immediately contact the LMPD.

We believe that our community will be safer if our local law enforcement officials are present and observing when ICE is active. We have great trust in the LMPD and we believe they, too, are dedicated to protecting our residents, as one can see from their multiple statements.

Lower Merion Township affirms its commitment to protecting all residents and upholding the rule of law. The Township remains committed to ensuring any ICE activity is conducted lawfully, respectfully, and with the highest regard for community safety."