EASTON, Pa. — U.S. Rep. Ryan Mackenzie on the House floor denounced Northampton County and County Executive Lamont McClure for not cooperating with the U.S. Immigration and Customs Enforcement.
McClure is firing back with accusations that the congressman does not understand what he's talking about.
On Wednesday, Mackenzie, a Republican member of the U.S. House Committee on Homeland Security, on the House floor accused the county and McClure of implementing policy that promoted non-cooperation with federal agencies such as ICE.
Mackenzie cited the arrest of a suspected Venezuelan gang member as an indication the matter “has taken on greater significance.”
Late in January, the county prison released Luis Gualdron-Gualdron, a suspected member of Tren de Aragua, who had been arrested on an indecent assault charge of a minor in Bethlehem last year and ultimately pleaded guilty to harassment.
“You have to balance all these concerns. And of course, public safety is in the forefront of our mind, and that's why we have the executive order."Northampton County Executive Lamont McClure
ICE officials took him into custody outside the prison upon his release after serving his sentence.
An email chain Northampton County Deputy Director of Administration Jessica Berger shared with LehighValleyNews.com, shows county officials told ICE officials that Gualdron-Gualdron was “well passed his max date” for sentencing.
But it said, “We are holding on your warrant for 48 hours from now (so 10 a.m. [sic] Friday) if you are getting the proper paperwork. Or we can release if you tell us to.”
ICE responded, “We are trying to figure out a way to pick him up so please do not release him. Is there any way you can give me a time he’ll be released so we can arrest him outside if an agreement can’t be made?"
Berger said the procedure was standard, citing McClure’s Executive Order 20-28, which bans ICE from arresting immigrants going through legal processing for a separate crime.
'It is appalling'
Mackenzie characterized the order, issued in March 2020, as “prohibiting county law enforcement from fully cooperating with ICE,” with ICE forced to apprehend Gualdron-Gualdron outside the prison.
The county order requires ICE to have a warrant to arrest someone on county property.
“It is appalling that Northampton County refuses to fully cooperate with federal law enforcement when it comes to the apprehension of a violent criminal who is here in the country illegally,” Mackenzie said.
“Northampton County needs to rescind the executive order that the current County Executive signed off on because it has now been shown to have directly put law enforcement officers and our community in harm’s way.”
“The public knows what Northampton County did in this case was wrong and the overwhelming, bipartisan position is that federal law enforcement should be able to arrest and deport these violent criminals without any impediments."U.S. Rep Ryan Mackenzie, R-Lehigh Valley
In a statement that Mackenzie’s office said “echoed concerns expressed by ICE agents regarding this policy,” the congressman said “allowing this violent criminal to leave prison rather than be arrested, while already detained, greatly increases the possibility for escape from capture.
“It increases the danger to law enforcement who must now make an arrest in an uncontrolled environment, and it puts the public in greater danger as this violent criminal has a greater chance of escaping,” Mackenzie said.
The congressman also cited an AP-NORC poll conducted Jan. 9-13 that showed 86% of the public support deporting undocumented migrants convicted of a violent crime, while 6% doesn't.
“The public knows what Northampton County did in this case was wrong and the overwhelming, bipartisan position is that federal law enforcement should be able to arrest and deport these violent criminals without any impediments,” Mackenzie said.
'We go above and beyond'
On Thursday, McClure said he had seen Mackenzie’s remarks, and strongly disagreed with them.
“We absolutely did cooperate with ICE," said McClure, a Democrat. "We go above and beyond, actually, in detaining them and notifying them.
"With this particular individual that Mr. Mackenzie wants to mislead the public about, we emailed ICE and told them he’s going to be released on the date and time he was going to be released.
"That’s the maximum amount of cooperation we can give within the context within the U.S. and Pennsylvania constitutions."
McClure said Mackenzie, a former state lawmaker who won election to Congress last November, has “always been in the Legislature, so he doesn’t know about complicated issues, and this is a complicated issue.”
McClure cited the Lehigh County case in which Ernesto Galarza, of New Jersey, was held three days after he posted bail because ICE requested he be held under suspicion of being an illegal immigrant.
That led to Galarza suing Lehigh County and settling on a $95,000 payout.
McClure said following established protocol is paramount to handling such cases.
“You have to balance all these concerns," he said. "And, of course, public safety is in the forefront of our mind, and that's why we have the executive order.
"That's why we do cooperate with ICE. ICE takes the position they don't need a warrant. Well, that doesn't mean we're not cooperating with them."
'Score cheap political points'
McClure said the procedure for how the state or the county prosecutes an individual is clearly defined, and being he can't control that, “I’m not exactly sure what [Mackenzie] is talking about.”
“He’s just trying to score cheap political points," McClure said. "But the fact of the matter is, I think people who are here undocumented and commit crimes should be deported.
“But I also have to consider the U.S. Constitution, the P.A. Constitution, and protect the taxpayers from being hit with multimillion dollar lawsuits.”
McClure said Northampton will continue to follow the procedures it has regarding prison transfers to federal entities, unless directed otherwise by a court.
“I really don’t like being lectured about supporting law enforcement by Ryan Mackenzie."Northampton County Executive Lamont McClure
“I really don’t like being lectured about supporting law enforcement by Ryan Mackenzie," McClure said. "I haven’t heard him condemn the pardons of the January 6 insurrectionists.
"Many, many Capitol police officers have been injured, some grievously and for life.”
'Does not constitute sufficient cooperation'
On Thursday, Mackenzie Communications Director Arnaud Armstrong said the congressman felt the supposed cooperation offered by Northampton County was not sufficient.
“The reality is, anytime you have an individual who was arrested for indecent assault on a minor, who is the subject of an ice detainer request, who is a suspected member of a Venezuelan gang, when they are released outside of the prison without permitting ICE to go into the prison to arrest him, forcing them to make that arrest outside, that does not constitute sufficient cooperation, certainly not in the eyes of the public,” Armstrong said.
“All Ryan cares about it misleading the public about how we’re handling this situation, because that’s what Ryan does. He just doesn’t tell the public the truth, ever."Northampton County Executive Lamont McClure
He said the situation was “unacceptable.”
McClure said that he felt Mackenzie “doesn’t care about any of that.”
McClure said he foresees having to deal with similar situations in the near future.
“All Ryan cares about it misleading the public about how we’re handling this situation, because that’s what Ryan does," he said.
"He just doesn’t tell the public the truth, ever. But this is probably going to be a conversation that were going to continue to have going forward."
