Commissioners approve resolution granting power to reject federal government requests to detain illegal suspects

Lehigh County may now decline requests from the federal government to detain suspected illegal immigrants.

The board of commissioners voted 9-0 May 14 in favor of a resolution that will dictate how the county responds when confronted with a detainer from Immigration and Customs Enforcement.

The resolution now gives the county the power to inform Immigration and Customs Enforcement of a date and time a suspect will no longer be detained. It also gives the county the power to release the suspect unless a court order directs otherwise.

The resolution protects the county from another incident like the one it grappled with November 2008 when Ernesto Galarza was detained for three days in Lehigh County Prison.

Galarza was later acquitted on charges of conspiracy to distribute cocaine. He sued Allentown and was awarded $25,000 August 2013. The county is currently working on a settlement with Galarza as well.

Commissioner David Jones Sr. said the resolution provides a protective veil to the county.

"There's no indemnity for us as the county," he said. "Even though ICE told us to hold him [Galarza], we held him [Galarza] at their request. We are the ones held liable."

Commissioner Vic Mazziotti reluctantly voted for the resolution. He said he was concerned because the resolution affords the county power to bypass a federal regulation.

Commissioner Scott Ott said the resolution protects a citizen's Fourth Amendment right against unreasonable searches and seizures and due process as provided by the Fourteenth Amendment.

"Liberty is first," Ott said. "This is a due process issue."