Pennsylvania SB 1193: An Act amending Title 29 (Federal Relations) of the Pennsylvania Consolidated Statutes, providing for Federal immigration enforcement in State facilities.

Bill Text

PRINTER'S NO. 1469
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1193
Session of
2026
INTRODUCED BY CAPPELLETTI, TARTAGLIONE, STREET, HAYWOOD,
L. WILLIAMS, KANE, COMITTA, SAVAL, KEARNEY, KIM AND COLLETT,
FEBRUARY 27, 2026
REFERRED TO JUDICIARY, FEBRUARY 27, 2026
AN ACT
Amending Title 29 (Federal Relations) of the Pennsylvania
Consolidated Statutes, providing for Federal immigration
enforcement in State facilities.
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 III
LAW ENFORCEMENT
Chapter
31. Federal Immigration Enforcement in State Facilities
CHAPTER 31
FEDERAL IMMIGRATION ENFORCEMENT IN STATE FACILITIES
Sec.
3101. Scope of chapter.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

3102. Definitions.
3103. Civil immigration arrests.
3104. Civil action.
3105. Immunity not a defense.
3106. Statute of limitations.
§ 3101. Scope of chapter.
This chapter relates to Federal immigration enforcement in
State facilities.
§ 3102. 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:
"Affected State entity." Any of the following:
(1) An agency or department of the Commonwealth over
which the Governor exercises executive authority.
(2) A political subdivision.
(3) A public benefit corporation, public authority,
board or commission for which the Governor appoints the
chairperson, chief executive officer or a majority of the
members of the governing body.
"Judicial order." An order issued by a magistrate or judge
acting within the judicial branch of Federal, State or local
government.
"Judicial warrant." A warrant issued by a magistrate or
judge acting within the judicial branch of Federal, State or
local government.
"Political subdivision." As defined in 1 Pa.C.S. § 1991
(relating to definitions).
"State facility." A building or structure, or portion
thereof, owned, leased or otherwise occupied by an affected
20260SB1193PN1469 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

State entity.
§ 3103. Civil immigration arrests.
(a) Condition for executing.--A civil immigration arrest may
not be executed within a State facility, a facility owned or
leased by a local political subdivision or within 1,000 feet of
a State facility or a facility owned or leased by a local
political subdivision unless the arresting authority presents a
valid judicial warrant or judicial order authorizing the arrest
and detention of the individual named in the judicial warrant or
judicial order.
(b) Exception.--Subsection (a) shall not apply to a civil
immigration arrest that is directly related to a judicial or
administrative proceeding occurring within the State facility.
§ 3104. Civil action.
(a) Authorization of civil action.--An individual who is
subjected to a civil immigration arrest in violation of this
chapter, shall have a right of action against any affected State
entity, or any officer, employee or agent of an affected State
entity, that knowingly or recklessly permitted or facilitated
the violation. In the action, the issue of whether the defendant
engaged in the conduct alleged shall be determined according to
the burden of proof used in other civil actions for relief
similar to that sought.
(b) Relief.--The plaintiff, in an action under subsection
(a), may seek any of the following:
(1) General and special damages, including damages for
emotional distress. Damages under this paragraph shall be
actual damages or $500, whichever is greater.
(2) Punitive damages.
(3) Reasonable attorney fees and costs.
20260SB1193PN1469 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(4) Injunctive and other equitable relief.
(5) Such other relief as the court deems necessary and
proper.
§ 3105. Immunity not a defense.
The provisions of 42 Pa.C.S. Ch. 85 Subch. B (relating to
actions against Commonwealth parties) or C (relating to actions
against local parties) shall not bar an action for relief or
damages under this chapter.
§ 3106. Statute of limitations.
An action under this chapter must be commenced within two
years of the date of the alleged violation.
Section 2. This act shall take effect immediately.
20260SB1193PN1469 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12