Released: July 26, 2024
Delaware County is not, and has never been, a sanctuary county.
In recent months, some members of the public have raised a question about whether Delaware County is a sanctuary county. A sanctuary city, county, or state is identified as having laws, ordinances, regulations, resolutions, policies, or other practices that obstruct immigration enforcement and shield criminals from U.S. Immigration and Customs Enforcement's (ICE).
To ensure that the public has the correct information about what Delaware County's policy is regarding immigration, and why it is the County's policy, we have developed the following answers to frequently-asked-questions.
Is Delaware County a sanctuary county?
No.
Delaware County has never declared itself to be sanctuary county. Delaware County follows state and federal law regarding immigration law and policy.
Was there a letter from the County Council in 2020 that declared Delaware County a sanctuary county?
No.
In September 2019, President Donald Trump issued Executive Order #13888, "On Enhancing State and Local Involvement in Resettlement" which required local government to confirm they would accept legal refugees. In January 2020, County Council sent a letter to then-Attorney General Bill Barr confirming that Delaware County would accept legal refugees. The United States has long accepted individuals fleeing their home country, including those escaping religious persecution and ethnic violence.
The January 2020 Council letter was not related to undocumented immigrants in any way and did not declare Delaware County a sanctuary county, but rather stated it would accept legal refugees as set forth in President Trump’s Executive Order.
More information on the State Department refugee program can be found HERE.
Did the George W. Hill Correctional Facility state that it would not detain undocumented immigrants and turn them over for deportation?
No.
Delaware County complies with federal law, which requires local government to detain people believed to lack a legal basis to be in the United States as long as there is a valid court order to do so. This requirement comes from a 2014 Third Circuit of Appeals ruling in a case involving Lehigh County (Galarza v. Szalczyk).
Why do people say Delaware County is a sanctuary county?
We are unsure why people believe or state that Delaware County is a sanctuary county since the County has never taken any actions or votes to declare itself a sanctuary county. In addition, we are in full compliance with all state and federal laws regarding immigration.
Some residents have referenced the County being listed on a website as being a sanctuary county. We believe they are referring to a private, non-governmental website which lists Delaware County as being a sanctuary county. The website’s stated criteria for including communities on this list is having “laws, ordinances, regulations, resolutions, policies, or other practices that obstruct immigration enforcement and shield criminals from ICE — either by refusing to or prohibiting agencies from complying with ICE detainers, imposing unreasonable conditions on detainer acceptance, denying ICE access to interview incarcerated aliens, or otherwise impeding communication or information exchanges between their personnel and federal immigration officers.”
This is factually untrue, and Delaware County should not be on this list.
Will refugees/undocumented immigrants be housed at Delco Woods?
No.
There has never been a plan or proposal to house refugees or undocumented immigrants at the new Delco Woods in Marple Township.
Delaware County, like many counties across the United States, is experiencing a mental health crisis, and there is a desperate need to treat members of our community suffering from mental health disorders. Long-Term Structured Residences (LTSR’s) are licensed, highly structured, therapeutic residences to treat people with chronic mental health conditions who do not require in-patient hospitalization.
The County identified a provider for LTSR services over three years ago and has explored more than 25 possible locations over the past three years, most recently an existing building at the Delco Woods property. In June of 2024, the County received detailed reports on the building and determined that the building located on the Delco Woods property is not a viable option for an LTSR due to its physical condition and the costs of renovation. The County continues to look at other locations in Delaware County to treat community members and address the mental health crisis in our community.