Nesquehoning has authorized its police chief to enter into a memorandum of understanding regarding the federal Immigration and Customs Enforcement 287 program.

On Wednesday, council told those in attendance that while they are signing on for this program, it is not meant for officers to actively look for those who are here illegally; rather, it is to provide training to officers in the event that during an investigation, a person who is here in the country illegally is discovered, the police know what procedures to follow in the matter.

Council President Bruce Nalesnik said that the program “gives us the flexibility to participate how we feel is best for the borough.”

“This is all about public safety. There is no other reason other than giving the police department tools they need,” he added, noting that there is possible funding and equipment benefits to getting trained for the program.

Chief Brad Hess stressed that this is still the very beginning stages of this and that Nesquehoning will have a long way to go before the program can be implemented.

Resident Abbie Guardiani spoke her thoughts on the matter before council voted on the agenda item.

“There’s some huge liability here,” she told council.

Guardiani said that many residents are not familiar with this program that communities around the area are being asked to join.

“Our community is a small borough with a relatively low rate of violent crime,” she said. “Our police department’s primary mission is to protect our residents, respond to emergencies, investigate local crime and maintain a trust that is essential to effective community policing. While immigration enforcement is an important responsibility of the federal government, I believe it should remain primarily the responsibility of federal agencies that are specifically trained, staffed and funded for that purpose.”

She said that Nesquehoning doesn’t have the police staff resources needed to perform federal government functions in addition to their normal operations and patrols, as well as open the borough up to possible legal issues.

“Immigration law is one of the most complex areas of federal law,” she said. “If an individual is detained improperly, held beyond authority permitted by law, or if constitutional rights are violated during an enforcement action, the borough could face costly legal challenges.”

Guardiani also questioned council on what the borough’s liability insurance carrier thinks about this move; if it carries a larger liability for the town; and how exactly would the officers participate because there are three models they can opt into.

Hess told Guardiani that most of the police departments he has been in contact with that have signed the MOU is selecting the task force model.

“From what I understand, that’s geared more towards municipal police and what we do in our normal duties,” he said.

Nalesnik said that the borough’s liability insurance carrier has not said the borough should not sign the MOU to participate in the program.

He pointed out that the borough police have body cameras to help decrease the amount of liability during a traffic stop and Hess added that officers are mandated to wear them as part of their uniform.

Guardiani urged council to look into the matter more before making a decision.

Nalesnik said that the MOU is not a contract but provides the borough’s officers with the proper training to handle a situation regarding an illegal immigrant if it happens.

“This is about public safety,” Nalesnik stressed again. “That’s the only reason why we are going into this. It’s an additional tool.”

Council previously discussed the matter during its July 8 workshop and moved forward with the motion on the agenda.

In recent months, area municipalities have been discussing the ICE 287 program.

Lansford, earlier this month, took no action regarding whether or not it would sign the MOU, noting that it wanted to wait and get input from the Carbon County district attorney first.

Weatherly Borough has signed on to the program already.

Schuylkill County’s district attorney has also voiced support for the program.