PRINTER'S NO. 414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.403
Session of
2025
INTRODUCED BY WARNER, SCIALABBA, MARCELL, GREINER, HAMM, STAATS,
M. MACKENZIE, STEHR, PICKETT, KAUFFMAN, KUZMA, COOK, GROVE,
JAMES, ROWE, BONNER, ZIMMERMAN, ANDERSON AND KUTZ,
JANUARY 31, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2025
AN ACT
Amending Title 29 (Federal Relations) of the Pennsylvania
Consolidated Statutes, providing for immigration preemption
and cooperation; and establishing the Immigration Cooperation
Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 29 of the Pennsylvania Consolidated
Statutes is amended by adding parts to read:
PART I
PRELIMINARY PROVISIONS
(Reserved)
PART II
IMMIGRATION
Chapter
21. Preemption and Cooperation
CHAPTER 21
PREEMPTION AND COOPERATION
Sec.
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18 2101. Scope of chapter.
2102. Definitions.
2103. Preemption.
2104. Cooperation.
§ 2101. Scope of chapter.
This chapter applies to the preemption of municipal
immigration policies and cooperation of Federal and State
agencies relating to immigration.
§ 2102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Corrections officer." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"County correctional institution." As defined in 61 Pa.C.S.
§ 102.
"Immigration Cooperation Fund" or "fund." The Immigration
Cooperation Fund established under section 2103(e) (relating to
preemption).
"Immigration detainer request." A request by a Federal
agency to maintain temporary custody of an alien, including a
United States Homeland Security Form I-247 document or a similar
or successor form.
"Immigration laws." Federal laws, regulations and policy
memoranda relating to aliens, immigrants or immigration,
including 8 U.S.C. Ch. 12 (relating to immigration and
nationality) and 8 CFR (relating to aliens and nationality).
"Individual adversely affected." Any of the following:
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30 (1) A resident of a municipality alleged to be in
violation of section 2103(a).
(2) A municipal police officer as defined in 42 Pa.C.S.
§ 8951 (relating to definitions) who is employed by a
municipality alleged to be in violation of section 2103(a),
regardless of whether the municipal police officer is a
resident of the municipality.
(3) An individual who otherwise has standing under the
laws of this Commonwealth to bring an action under section
2103(b).
"Judicial officer." As defined in 42 Pa.C.S. § 102 (relating
to definitions).
"Judicial staff." Administrative staff, as that term is
defined in 42 Pa.C.S. § 102.
"Law enforcement agency." The Office of Attorney General, a
district attorney's office or an agency that employs a law
enforcement officer.
"Law enforcement officer." An officer of the United States,
another state or political subdivision thereof, or of the
Commonwealth or political subdivision thereof, who is empowered
by law to conduct investigations of or to make arrests for
offenses enumerated in 18 Pa.C.S. (relating to crimes and
offenses) or an equivalent crime in another jurisdiction and any
attorney authorized by law to prosecute or participate in the
prosecution of an offense.
"Municipality." Any county, city, borough, incorporated
town, township, home rule municipality, optional plan
municipality, optional charter municipality or any similar
general purpose unit of government created or authorized by
statute.
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30 "Parole officer." A State parole agent appointed by the
Pennsylvania Parole Board or a county probation or parole
officer of the Commonwealth.
"Policy." An ordinance, a resolution, regulation, rule,
practice or any other action, whether formal or informal,
promulgated or enforced by a municipality.
"Reasonable expenses." Attorney fees, expert witness fees
and court costs.
§ 2103. Preemption.
(a) Immigration policies preempted.--A municipality may not
adopt or enforce a policy that prohibits or materially limits a
law enforcement agency, law enforcement officer, corrections
officer, parole officer, judicial officer or judicial staff from
enforcing immigration laws, including the following:
(1) Compliance with section 2104 (relating to
cooperation).
(2) Assisting or cooperating with an officer from United
States Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or another Federal agency
regarding immigration laws, including providing enforcement
assistance.
(3) Permitting an officer from United States Citizenship
and Immigration Services, United States Immigration and
Customs Enforcement or another Federal agency to enter a
county correctional institution, including for the purpose of
interviewing an individual in custody at the institution or
enforcing immigration laws.
(4) Inquiring into the immigration status of an
individual in custody.
(5) With respect to information relating to the release
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30 date or immigration status of an individual in custody,
including information relating to name, date and place of
birth:
(i) Sending the information to or requesting or
receiving the information from United States Citizenship
and Immigration Services, United States Immigration and
Customs Enforcement or another Federal agency.
(ii) Maintaining the information.
(iii) Exchanging the information with another
municipality or Federal or state agency.
(b) Relief.--An individual adversely affected by a policy
prohibited under subsection (a) may file an action for
declaratory or injunctive relief. Original jurisdiction for an
action under this subsection shall be in Commonwealth Court or
any other court with appropriate jurisdiction.
(c) Prevailing party.--If an individual adversely affected
provides written notice of the individual's intention to file an
action in accordance with subsection (b) to the defendant 60
days prior to filing the action, the individual adversely
affected shall be declared the prevailing party if:
(1) a final determination by the court is granted, in
whole or in part, in favor of the individual adversely
affected; or
(2) the policy in question is rescinded, repealed or
otherwise abrogated after suit has been filed under
subsection (b) but before the final determination by the
court.
(d) Reasonable expenses and damages.--If an individual
adversely affected is declared a prevailing party, the court
shall award all of the following to the individual adversely
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(1) Reasonable expenses.
(2) Actual damages.
(3) Liquidated damages of $100,000 for each day that the
policy prohibited under subsection (a) has been in effect or
$1,000,000, whichever is greater, to be paid into the
Immigration Cooperation Fund.
(e) Fund established.--The Immigration Cooperation Fund is
established as a restricted account in the General Fund. The
fund shall include revenues from damages paid under subsection
(d) and other money as may be appropriated or transferred into
the fund. Money in the fund is appropriated to the commission on
a continuing basis for the purpose of providing grants to law
enforcement agencies to cooperate with Federal agencies
regarding the enforcement of immigration laws.
§ 2104. Cooperation.
(a) Duty to cooperate with Federal immigration requests.--
(1) A law enforcement agency or municipality that has
custody of an individual subject to an immigration detainer
request issued by United States Immigration and Customs
Enforcement shall:
(i) Comply with, honor and fulfill any request made
in the detainer request.
(ii) Inform the individual that the individual is
being held pursuant to an immigration detainer request
issued by the Federal Government.
(2) A law enforcement agency or municipality shall
provide any information requested by United States
Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or other Federal agency
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30 relating to the release date or immigration status of any
individual in its custody, including information relating to
name, date and place of birth.
(b) Exception.--Subsection (a) shall not apply if an
individual provides proof that the individual is a citizen of
the United States or has lawful immigration status in the United
States.
(c) Unconstitutional actions and discrimination
prohibited.--To the extent prohibited by the Constitution of the
United States and the Constitution of Pennsylvania, a law
enforcement agency or municipality may not consider the race,
color, religion, language or national origin of an individual
while cooperating with Federal agencies for the purpose of
enforcing immigration laws.
(d) Defense of law enforcement agencies and
municipalities.--
(1) The Attorney General shall defend a law enforcement
agency or municipality from a civil action if all of the
following apply:
(i) The law enforcement agency or municipality
requests the Attorney General's defense.
(ii) The Attorney General determines that the civil
action arises out of, in whole or in part, good faith
compliance with this section.
(2) If the Attorney General defends a law enforcement
agency or municipality under this section, the Attorney
General shall pay for the expenses and costs of the civil
action, and the Commonwealth shall be liable for any judgment
or settlement of the action. The law enforcement agency or
municipality is not required to pay for the expenses, costs,
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30 judgment or settlement of the civil action.
Section 2. If any provision of this act or its application
to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this act
which can be given effect without the invalid provision or
applicability.
Section 3. This act shall take effect January 1, 2026, or
immediately, whichever is later.
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