Pennsylvania HB 403: An Act amending Title 29 (Federal Relations) of the Pennsylvania Consolidated Statutes, providing for immigration preemption and cooperation; and establishing the Immigration Cooperation Fund.

Bill Text

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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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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(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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"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 t