Upper Darby passed an ordinance aiming to limit cooperation and data sharing with ICE
Timothy Bernhardt, Upper Darby's police superintendent, has "no objection" to the ordinance, which he said "isn’t going to change what the Upper Darby Police Department does.”
Upper Darby passed an ordinance on Wednesday aiming to restrict the township’s cooperation with federal immigration agents.
Township council unanimously approved legislation banning local police from assisting ICE and other federal agencies with immigration enforcement activities. The legislation bars federal agents from using township property to stage immigration raids, prohibits township staff from providing resident information to federal agents for civil immigration enforcement, and bans township personnel from recording or maintaining data about residents’ immigration statuses, unless it is required by law.
It also prohibits township police officers from wearing masks or obscuring their identities in most cases and “formally requests” that federal agents clearly identify themselves and do not wear masks.
The ordinance includes exemptions, including cases in which immigration agents possess a judicial warrant or there is a criminal law enforcement matter requiring Upper Darby officials’ cooperation.
The legislation codified many of the tenets of a resolution passed by Upper Darby’s council in February. It largely mirrors a sweeping legislative package passed by Philadelphia City Council earlier this year.
At the more than three-hour meeting on Wednesday, residents decried the actions of federal immigration agents and President Donald Trump and described a rich patchwork of races, religions, and backgrounds that defines Upper Darby, where nearly a quarter of the population is foreign-born.
Some described immigrant neighbors currently living in fear, unable to answer the door or go to religious services due to the anxiety of potentially being apprehended by ICE. Many said they moved to Upper Darby specifically for its diversity.
“Our history reminds us that legality and morality are not the same thing. Upper Darby Township cannot determine federal immigration policy, but it can determine how our own lawful authority and resources are used,” said State Rep. Heather Boyd, who spoke during public comment and represents parts of Upper Darby in the Pennsylvania House.
A smaller contingent of residents, however, pushed back against the proposal, warning that the ordinance makes few tangible changes to the police department’s policies while potentially putting a target on Upper Darby’s back for the federal government to strip away funding.
When asked if he believes the legislation is in the best interest of the police department, police superintendent Timothy Bernhardt said the ordinance “isn’t going to change what the Upper Darby Police Department does.”
The department has never been an immigration enforcement body, worn masks, worked with ICE under a 287(g) agreement, or stopped individuals simply to ask about their immigration status, Bernhardt said.
“I have no objection to it. It’s not going to change what we do every day, day in and day out,” the police superintendent added.
Township council members described the ordinance as a set of responsible guardrails for local officials in a municipality defined by its immigrant population.
“It’s an issue of establishing trust and making sure that people know that in Upper Darby, if you need help, you can call because this community serves you,” said council member Kyle McIntyre, who helped to draft the legislation.
“We will follow the law, but we will do everything in our power to protect our community and keep everyone safe,” Mayor Ed Brown said.
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