In general provisions relating to criminal proceedings, providing for citizenship status of criminal defendants.
Impact
If enacted, HB2228 would amend Title 42 of the Pennsylvania Consolidated Statutes to formalize the process of reporting non-citizen defendants to federal immigration authorities. This could lead to an increased involvement of ICE in state-level criminal cases, thereby integrating state and federal law enforcement efforts when it comes to undocumented immigrants. Proponents argue this measure can help streamline the criminal justice process while also ensuring immigration laws are upheld through inter-agency cooperation.
Summary
House Bill 2228 focuses on the citizenship status of criminal defendants in Pennsylvania's criminal proceedings. The bill mandates that the attorney for the Commonwealth must notify U.S. Immigration and Customs Enforcement (ICE) if they obtain information indicating that a defendant is not a U.S. citizen or is present in Pennsylvania in violation of immigration laws. This proposed legislation seeks to establish a clearer framework for how citizenship status is handled in the context of criminal law, with the goal of enhancing the enforcement of immigration laws during judicial proceedings.
Sentiment
The sentiment surrounding HB2228 appears to be mixed, with strong support from certain legislators and community groups advocating for strict enforcement of immigration laws. Supporters believe that this will create accountability and streamline proceedings involving non-citizen defendants. Conversely, there are concerns from civil rights advocates and immigrant support networks who view the bill as potentially harmful. Critics argue it could lead to further criminalization of undocumented immigrants and create fear within immigrant communities, discouraging individuals from reporting crimes or seeking assistance from law enforcement.
Contention
Notable points of contention include the implications for local communities and the separation of immigration enforcement from criminal justice processes. Opponents believe this bill may undermine trust between immigrant communities and law enforcement, as individuals may hesitate to report crimes or cooperate with investigations for fear of deportation. Proponents assert that ensuring adherence to immigration laws during criminal proceedings is essential and argue that failing to address citizenship status undermines the integrity of the judicial system.
In arson, criminal mischief and other property destruction, further providing for the offense of criminal mischief; in burglary and other criminal intrusion, providing for removal of trespassers from real property; in particular rights and immunities, providing for an offense and civil action relating to trespass on real property; and imposing penalties.
In general provisions relating to criminal proceedings, establishing the Adjunct Prosecutor Division within the Office of Attorney General; providing for its powers and duties; and establishing the Adjunct Prosecutor Division Restricted Account.
In arson, criminal mischief and other property destruction, further providing for the offense of criminal mischief; in burglary and other criminal intrusion, providing for removal of trespassers from real property; in particular rights and immunities, providing for an offense and civil action relating to trespass on real property; and imposing penalties.
In juvenile matters, further providing for definitions, for scope of chapter, for inspection of court files and records, for transfer from criminal proceedings, for place of detention and for conduct of hearings and repealing provisions relating to transfer to criminal proceedings; and making editorial changes.