Commissioner: Sheriff’s deal with ICE could lead to ‘hellish territory’

James Albert insisted he will deploy his deputies to protect agents.

By RICH CHOLODOFSKY
TribLive

Westmoreland County commissioners and Sheriff James Albert could be headed for a showdown over potential dealings with federal immigration officials.

Albert on Thursday insisted he will deploy his deputies to protect U.S. Immigration and Customs Enforcement agents and provide crowd control during operations in Westmoreland County, despite claims from commissioners that the agreement he signed last year was invalid.

“It hasn’t happened and we haven’t crossed that bridge yet. I don’t think they (ICE) will ever come here, but if they do and they need assistance, we would help,” Albert said.

Albert and Commissioner Ted Kopas exchanged emails this week affirming their divergent positions related to the sheriff’s office’s potential involvement with immigration agents.

Kopas claimed the sheriff’s agreement with ICE is invalid; Albert responded that he believed it was legal.

Kopas on Thursday said the sheriff’s stance could plunge the county into a crisis.

“If his office participates with ICE in an operation, that could lead us into pretty hellish territory, unknown territory,” Kopas said.

Commissioners have taken the position that Albert has no legal authority to sign contracts with outside agencies. Only commissioners can approve such agreements following a public vote, rendering the nonmonetary deal the sheriff signed last September invalid.

Kopas earlier this week sent what he said was a legal memo to the sheriff in which he claimed liability issues could jeopardize the county’s insurance for employees if they are injured while working for an outside agency such as ICE. The commissioner also highlighted what he said were statutory restrictions that prevented Albert from signing an agreement with ICE that requires deputies to perform duties not prescribed under state law.

Sheriff’s deputies are tasked with serving warrants, providing courtroom security and transporting inmates between the county jail and courthouse.

Kopas was the lone commissioner to sign the memorandum. Commissioners Sean Kertes and Doug Chew said they backed Kopas’ position but withheld their signatures.

Kertes claimed the email was unnecessary. Chew said he took issue with the wording and tone of the memo.

“I share (Kopas’ concerns) that this is an unenforceable contract,” Chew said of Albert’s agreement with ICE.

Albert has characterized the ICE contract as limited. He said deputies would only be deployed as support for immigration officials and would not actively participate in investigations and enforcement operations without first undergoing specific training.

No deputies have been trained and there are currently no plans to do so in the future, Albert said.

“They’re making a mountain out of a molehill,” Albert said.

The sheriff’s office, along with constables from Lower Burrell and Unity, are the lone three agencies in Westmoreland County to sign partnership agreements with ICE, according to a Triblive report earlier this year.