Pennsylvania HB 2260: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in obstructing governmental operations, providing for civil immigration arrests made on Commonwealth property; and imposing a penalty.

Bill Text

PRINTER'S NO. 2957
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2260
Session of
2026
INTRODUCED BY KINKEAD, CEPEDA-FREYTIZ, FRIEL, KHAN, PIELLI,
HANBIDGE, HOHENSTEIN, HILL-EVANS, SANCHEZ, RIVERA, BOYD,
BOROWSKI, MADDEN, O'MARA, SHUSTERMAN, WARREN, D. WILLIAMS,
BENHAM, MAYES, WAXMAN, GUENST, KENYATTA AND PARKER,
MARCH 2, 2026
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 3, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for civil immigration arrests made on
Commonwealth property; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5113. Civil immigration arrests made on Commonwealth
property.
(a) Immigration enforcement occurring on Commonwealth
property.--A representative of a Federal, State or local law
enforcement authority may not detain, arrest or otherwise take a
person on Commonwealth property into custody on the basis of
immigration enforcement, unless the representative is acting in
the representative's official capacity and the representative
possesses on their person a judicial warrant that clearly
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demonstrates that the person to be detained, arrested or
otherwise taken into custody is the subject of the judicial
warrant.
(b) Warrant disclosure.--If a representative of a Federal,
State or local law enforcement authority is performing an arrest
on the basis of immigration enforcement on Commonwealth
property, the arresting representative shall provide the
necessary documentation under subsection (a) to a Commonwealth
employee who requests to review the documentation.
(c) Civil penalty.--A person that performs an immigration
enforcement arrest without the documentation described under
subsection (a), or refuses to disclose the necessary
documentation to a requesting Commonwealth employee as described
under subsection (b), shall be subject to a civil penalty of
$10,000 for each violation. A penalty imposed under this
subsection shall be paid to the Commonwealth.
(d) Sovereign immunity.--The provisions of 42 Pa.C.S. Ch. 85
(relating to matters affecting government units) shall not apply
to a cause of action brought in accordance with this section
against a representative of a Federal, State or local law
enforcement authority.
(e) Enforcement.--The Attorney General shall institute a
proceeding to recover the civil penalty under subsection (c)
against any person liable to the Commonwealth for the penalty.
(f) Criminal laws.-- Except as provided under subsections (a)
and (b), nothing under this act shall preclude the
investigation, enforcement or assistance in the investigation or
enforcement of Federal or State criminal laws.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Commonwealth property." The State Capitol Building and
grounds, State buildings and grounds in Dauphin County,
Pittsburgh State Office Building and grounds, Philadelphia State
Office Building and grounds and Scranton State Office Building
and grounds.
"Immigration enforcement." As follows:
(1) An effort to investigate, enforce or assist in the
investigation or enforcement of a Federal civil immigration
law.
(2) The term includes an effort to investigate, enforce
or assist in the investigation or enforcement of a Federal
criminal immigration law that penalizes a person's presence
in, entry or reentry to or employment in the United States,
including a violation of 8 U.S.C. § 1253 (relating to
penalties related to removal), 1324c (relating to penalties
for document fraud), 1325 (relating to improper entry by
alien) or 1326 (relating to reentry of removed aliens).
"Judicial warrant." A written order, that is signed by a
judicial officer, from a Federal Article III court or State
court that directs a law enforcement authority or some other
person who is specifically named in the order to arrest a
person.
Section 2. This act shall take effect immediately.
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