Page 8 - PCPA Spring 2026 Bulletin Magazine

PA CHIEFS OF POLICE ASSOCIATION
EXECUTIVE DIRECTOR’S MESSAGE (CONTINUED)
What Galarza Means for Us
In Galarza, a U.S. citizen was held on an ICE detainer
after posting bail on state charges. ICE later confirmed
he was a citizen and lifted the detainer. The Third
Circuit held:
• An ICE detainer is a request, not a mandatory
order.
• Federal law does not compel local agencies to
comply.
• A local agency may face liability if it detains
someone without independent legal authority.
For Pennsylvania chiefs, the takeaway is
straightforward: holding someone solely on a civil
immigration detainer—without probable cause
or a judicial warrant—may violate the Fourth
Amendment.
That is not a theoretical concern. It is binding
precedent in our circuit.
Additional Third Circuit Guidance
Two additional cases further shape the environment in
which we operate:
Philadelphia v. United States
The Third Circuit ruled that the federal government
could not condition certain grant funding on a
municipality’s cooperation with ICE detainer requests.
This reinforced the principle that immigration
enforcement remains primarily a federal responsibility.
Davila v. North Regional Joint Police Board
The court held that officers may face liability for
unlawful search and seizure if they investigate
immigration status without reasonable suspicion or
probable cause tied to criminal activity.
Taken together, these decisions make one thing clear
to me: immigration enforcement errors can quickly
become constitutional violations.
Liability Exposure: What Keeps Chiefs Up at Night
When I speak with chiefs, their concern is rarely
political. It is practical. It is about protecting their
officers and municipalities from avoidable litigation.
Potential areas of exposure include:
• Fourth Amendment violations (unlawful detention
or arrest)
• Unlawful search and seizure claims
•
•
Use of force allegations
First Amendment retaliation claims
•
Municipal liability under Monell for:
o Inadequate training
o Inadequate supervision
o Failure to implement constitutional safeguards
If an agency holds someone beyond lawful release
based solely on a civil immigration detainer, the risk
increases substantially.
As an association, we consistently advise: consult
counsel, review policies, and ensure supervisory
clarity before engaging in practices that extend
beyond traditional criminal enforcement.
Beyond Legal Authority: The Operational Reality
Lawful authority is only part of the equation. Chiefs
must also consider how policy decisions affect the
communities they serve and the officers they lead.
Community Trust
Policing depends on cooperation. When communities
fear local police are acting as federal immigration
agents, it can reduce:
•
Crime reporting
•
Witness participation
•
Victim cooperation
•
Intelligence gathering
Every chief must weigh whether expanded cooperation
advances—or undermines—public safety objectives
in their jurisdiction.
Officer Clarity and Morale
Ambiguity is dangerous. Officers need to know:
•
What they are authorized to do
•
What they are prohibited from doing
•
When ICE involvement is appropriate
• When supervisory approval or legal consultation is
required
Unclear policies place officers in untenable positions
and expose municipalities to liability.
Questions I Encourage Chiefs to Ask
When chiefs call our office seeking guidance, I often
suggest they consider:
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