State College Borough Council on Monday voted to table a proposed resolution calling for “timely and meaningful reform” to U.S. Immigration and Customs Enforcement, a week after spending more than an hour discussing the issue.
Council members were generally supportive of the message at the heart of the resolution introduced on Feb. 2 by Matt Herndon, which would state council’s position urging a series of measures for the agency to safeguard constitutional rights in the wake of the fatal shootings of Renée Good and Alex Pretti by federal agents last month in Minneapolis.
But several council members expressed concerns that the resolution could bring unwanted attention and harm to the people it meant to support, particularly without substantive action to support it.
Council voted 4-2 on Monday night to table the resolution, with Gopal Balachandran, Herndon, Kevin Kassab and Nalini Krishnankutty voting in favor of tabling and Evan Myers and John Hayes voting against.
The proposed resolution calls on ICE to prohibit agents from wearing masks during immigration enforcement, barring the use of violent force and chemical agents “against individuals engaged in peaceful protest, lawful observation or humanitarian assistance,” and “respecting the authority of lawful local and state investigations involving federal agents.”
It also calls for “ensuring that the lawful exercise of Second Amendment rights is not treated as justification for the use of deadly force” and “reaffirming strict adherence to due process protections and judicial warrant requirements for all enforcement actions.”
He said he was compelled to speak out because as a Borough Council member he swore to uphold the Constitution and hoped council would be a voice “to remind elected officials at higher levels of government to uphold their own oaths to the Constitution.” He also noted that immigration enforcement operations have already occurred “in the broader community” near State College during the second Trump administration.
Myers, meanwhile, said he supported the resolution as “the first step to take in defending the rights of our residents.”
Balachandran, Kassab and Krishnankutty, however, each voiced worries about the unintended impacts such a resolution could have. Balachandran, an attorney, said immigration lawyers he has spoken with share similar concerns.
“Their concern about a resolution like this … is that this would draw unwanted attention without meaningfully helping anyone,” Balachandran said on Feb. 2. “I definitely agree with the substance of a resolution like this but I am skeptical about it in the worst analysis this could well harm the people who this is supposed to help.”
He added that “the cost of it is probably borne by people who look like me, who have names like mine.”
Krishnankutty said at that meeting that “she wanted to take some time to get this right,” and that a measure with the full support of council would carry greater weight.
On Monday, Herndon said he understood the concerns, but noted that after asking for modifications to the resolution that would allow them to support it, none were offered.
“I understand that there are many different perspectives on when to act,” he said. “For me, my red line was clear video evidence of federal agents killing U.S. citizens in direct violation of multiple amendments to our Constitution. While this council has no official power to direct the actions of federal agencies or to change federal law, I had hoped that we could at least come together on this resolution to bear official witness to these violent violations of our constitution, a document we have all sworn to uphold.”
He added that he believes that “if things keep going as they’re going,” he expects fellow council members will agree “it’s time to act.
“And if that day comes, I stand ready to support any resolution or ordinance they may propose to address this that falls inside the constitutional boundaries our country was founded upon and the state laws that grant this body our legal powers,” Herndon said. “I will work with anyone who genuinely wants to end these abuses. Just as I hope those who started acting sooner than I did will accept my help as well.”
The borough has already been in the spotlight for council’s stances related to immigration, Myers said. He pointed to resolutions adopted in 2017 and 2019.
“State College already has resolutions from 2017 and 2019 stating that council will not voluntarily assist federal immigration enforcement efforts — these are already in the books — and supports the State College police policy of not asking victims or witnesses about immigration status,” Myers said.
No other comments were made before the vote to table the resolution.
It was not clear if the resolution would be brought back for consideration.
Solicitor Terry Williams said that for it to be reintroduced, the resolution would require a motion to remove it from the table, and that a possible motion should be included on the meeting agenda in advance.
