The Whitehall Township Board of Commissioners, in a 3-3 vote, failed to pass a resolution at its meeting March 9 that would have clarified and established a policy on how Whitehall Township would use its resources in civil immigration matters and public safety.

Commissioner Taylor Stakes drafted this resolution that would have restricted the township from using township resources, except in federal or state law pursuant to a judicial warrant, subpoena or court order, to cooperate and assist in the matter of civil immigration enforcement events.

Stakes, board President Jeffrey Warren and Vice President Thomas Slonaker voted yes on the resolution, while board Secretary Randy Atiyeh and Commissioners Ken Snyder and Lee Christman voted no. Commissioner Elizabeth Fox was absent from the meeting.

“The purpose of this policy is to protect our officers, our township and our taxpayers,” Stakes said. “The resolution I’ve helped bring forward is about a clarity of rules, legal protection and responsible governance.”

He said nothing in his resolution was aimed or intended to undermine their work.

Stakes reported Whitehall Township Police Chief Michael Marks said Whitehall police currently do not have a working relationship with Immigration and Customs Enforcement. This resolution would have ensured township resources were not used for voluntary federal enforcement unless required to do so under federal law.

“The resolution does not regulate immigration policy. Immigration enforcement remains the responsibility of the federal government,” Stakes said. “What this resolution does is very simple. It states that Whitehall resources should not be used for voluntary federal enforcement unless required.”

This resolution had many limitations and ideas proposed, which, according to the agenda, would have prevented township resources from being used to assist in civil immigration matters, including arresting or detaining individuals solely on the basis of an immigration warrant or detainer.

Snyder made his point by reading an email from Marks, addressed to Christman, stating the resolution was “unnecessary and, quite frankly, unenforceable” and said the mayor “serves as the head of public safety in our township.”

Stakes said this resolution would have directed the mayor and chief of police in creating a policy.

Snyder and Christman said they would not support the resolution based on their experience in serving the community, and especially hearing the opinion and thoughts from the chief, who has served the township for more than 30 years as a patrolman and 10 years as chief.

“I put a lot of respect in what he does and how he operates in our township. Our chief of police, who has been in our community for all these years,” Snyder responded.

When Stakes asked Snyder and Christman why they agreed the resolution was unenforceable and why they chose not to support it, Snyder noted it was due to a matter of personal beliefs and opinions. Christman said his opinion was based on the chief of police’s response and opinion, saying he believed it also was “unenforceable and not necessary.”

“The police chief has never litigated this in court. I’ve talked to people who have litigated this in court, people who litigated it in Lehigh County,” Stakes noted.

Atiyeh agreed with Snyder and Christman’s points and reported he would also not be supporting the resolution.

Warren supported the resolution, stating it would have helped support the police, especially noting the state police have created a policy “for how they will handle matters where the detainer is out of their control.”

“I don’t see it as against the police. We support our police department. We’ve never rejected a funding request for them,” Warren said.

Resident Stephanie Falcone spoke to the board about this resolution, stating “it reinforces the role of trust and communication between residents, local government and law enforcement.”

“The resolution demonstrates trust and clear tangible support for our frontline law enforcement,” Falcone said. “By providing clear guidance to them, they are shielded from having to make complicated decisions about civil immigration in high-pressure situwations.

“I urge you to consider the voices that you represent, who cannot be here today, and that passing this resolution goes a long way toward cementing trust in our elected officials and in one another as neighbors and friends,” Falcone added.

After an extensive debate regarding the issue, the resolution tied and failed to pass.