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.

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
 1   Amending Title 29 (Federal Relations) of the Pennsylvania
 2      Consolidated Statutes, providing for immigration preemption
 3      and cooperation; and establishing the Immigration Cooperation
 4      Fund.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 29 of the Pennsylvania Consolidated
 8   Statutes is amended by adding parts to read:
 9                                  PART I
10                          PRELIMINARY PROVISIONS
11                                (Reserved)
12                                 PART II
13                               IMMIGRATION
14   Chapter
15      21.    Preemption and Cooperation
16                                CHAPTER 21
17                        PREEMPTION AND COOPERATION
18   Sec.
 1   2101.    Scope of chapter.
 2   2102.    Definitions.
 3   2103.    Preemption.
 4   2104.    Cooperation.
 5   § 2101.    Scope of chapter.
 6      This chapter applies to the preemption of municipal
 7   immigration policies and cooperation of Federal and State
 8   agencies relating to immigration.
 9   § 2102.    Definitions.
10      The following words and phrases when used in this chapter
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Commission."       The Pennsylvania Commission on Crime and
14   Delinquency.
15      "Corrections officer."       As defined in 61 Pa.C.S. § 102
16   (relating to definitions).
17      "County correctional institution."        As defined in 61 Pa.C.S.
18   § 102.
19      "Immigration Cooperation Fund" or "fund."        The Immigration
20   Cooperation Fund established under section 2103(e) (relating to
21   preemption).
22      "Immigration detainer request."        A request by a Federal
23   agency to maintain temporary custody of an alien, including a
24   United States Homeland Security Form I-247 document or a similar
25   or successor form.
26      "Immigration laws."       Federal laws, regulations and policy
27   memoranda relating to aliens, immigrants or immigration,
28   including 8 U.S.C. Ch. 12 (relating to immigration and
29   nationality) and 8 CFR (relating to aliens and nationality).
30      "Individual adversely affected."        Any of the following:

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 1          (1)    A resident of a municipality alleged to be in
 2      violation of section 2103(a).
 3          (2)    A municipal police officer as defined in 42 Pa.C.S.
 4      § 8951 (relating to definitions) who is employed by a
 5      municipality alleged to be in violation of section 2103(a),
 6      regardless of whether the municipal police officer is a
 7      resident of the municipality.
 8          (3)    An individual who otherwise has standing under the
 9      laws of this Commonwealth to bring an action under section
10      2103(b).
11      "Judicial officer."    As defined in 42 Pa.C.S. § 102 (relating
12   to definitions).
13      "Judicial staff."    Administrative staff, as that term is
14   defined in 42 Pa.C.S. § 102.
15      "Law enforcement agency."     The Office of Attorney General, a
16   district attorney's office or an agency that employs a law
17   enforcement officer.
18      "Law enforcement officer."     An officer of the United States,
19   another state or political subdivision thereof, or of the
20   Commonwealth or political subdivision thereof, who is empowered
21   by law to conduct investigations of or to make arrests for
22   offenses enumerated in 18 Pa.C.S. (relating to crimes and
23   offenses) or an equivalent crime in another jurisdiction and any
24   attorney authorized by law to prosecute or participate in the
25   prosecution of an offense.
26      "Municipality."     Any county, city, borough, incorporated
27   town, township, home rule municipality, optional plan
28   municipality, optional charter municipality or any similar
29   general purpose unit of government created or authorized by
30   statute.

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 1      "Parole officer."     A State parole agent appointed by the
 2   Pennsylvania Parole Board or a county probation or parole
 3   officer of the Commonwealth.
 4      "Policy."     An ordinance, a resolution, regulation, rule,
 5   practice or any other action, whether formal or informal,
 6   promulgated or enforced by a municipality.
 7      "Reasonable expenses."     Attorney fees, expert witness fees
 8   and court costs.
 9   § 2103.    Preemption.
10      (a)    Immigration policies preempted.--A municipality may not
11   adopt or enforce a policy that prohibits or materially limits a
12   law enforcement agency, law enforcement officer, corrections
13   officer, parole officer, judicial officer or judicial staff from
14   enforcing immigration laws, including the following:
15             (1)   Compliance with section 2104 (relating to
16      cooperation).
17             (2)   Assisting or cooperating with an officer from United
18      States Citizenship and Immigration Services, United States
19      Immigration and Customs Enforcement or another Federal agency
20      regarding immigration laws, including providing enforcement
21      assistance.
22             (3)   Permitting an officer from United States Citizenship
23      and Immigration Services, United States Immigration and
24      Customs Enforcement or another Federal agency to enter a
25      county correctional institution, including for the purpose of
26      interviewing an individual in custody at the institution or
27      enforcing immigration laws.
28             (4)   Inquiring into the immigration status of an
29      individual in custody.
30             (5)   With respect to information relating to the release

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 1      date or immigration status of an individual in custody,
 2      including information relating to name, date and place of
 3      birth:
 4                  (i)    Sending the information to or requesting or
 5            receiving the information from United States Citizenship
 6            and Immigration Services, United States Immigration and
 7            Customs Enforcement or another Federal agency.
 8                  (ii)    Maintaining the information.
 9                  (iii)    Exchanging the information with another
10            municipality or Federal or state agency.
11      (b)   Relief.--An individual adversely affected by a policy
12   prohibited under subsection (a) may file an action for
13   declaratory or injunctive relief. Original jurisdiction for an
14   action under this subsection shall be in Commonwealth Court or
15   any other court with appropriate jurisdiction.
16      (c)   Prevailing party.--If an individual adversely affected
17   provides written notice of the individual's intention to file an
18   action in accordance with subsection (b) to the defendant 60
19   days prior to filing the action, the individual adversely
20   affected shall be declared the prevailing party if:
21            (1)   a final determination by the court is granted, in
22      whole or in part, in favor of the individual adversely
23      affected; or
24            (2)   the policy in question is rescinded, repealed or
25      otherwise abrogated after suit has been filed under
26      subsection (b) but before the final determination by the
27      court.
28      (d)   Reasonable expenses and damages.--If an individual
29   adversely affected is declared a prevailing party, the court
30   shall award all of the following to the individual adversely

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 1   affected:
 2             (1)   Reasonable expenses.
 3             (2)   Actual damages.
 4             (3)   Liquidated damages of $100,000 for each day that the
 5      policy prohibited under subsection (a) has been in effect or
 6      $1,000,000, whichever is greater, to be paid into the
 7      Immigration Cooperation Fund.
 8      (e)    Fund established.--The Immigration Cooperation Fund is
 9   established as a restricted account in the General Fund. The
10   fund shall include revenues from damages paid under subsection
11   (d) and other money as may be appropriated or transferred into
12   the fund. Money in the fund is appropriated to the commission on
13   a continuing basis for the purpose of providing grants to law
14   enforcement agencies to cooperate with Federal agencies
15   regarding the enforcement of immigration laws.
16   § 2104.    Cooperation.
17      (a)    Duty to cooperate with Federal immigration requests.--
18             (1)   A law enforcement agency or municipality that has
19      custody of an individual subject to an immigration detainer
20      request issued by United States Immigration and Customs
21      Enforcement shall:
22                   (i)    Comply with, honor and fulfill any request made
23             in the detainer request.
24                   (ii)   Inform the individual that the individual is
25             being held pursuant to an immigration detainer request
26             issued by the Federal Government.
27             (2)   A law enforcement agency or municipality shall
28      provide any information requested by United States
29      Citizenship and Immigration Services, United States
30      Immigration and Customs Enforcement or other Federal agency

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 1      relating to the release date or immigration status of any
 2      individual in its custody, including information relating to
 3      name, date and place of birth.
 4      (b)    Exception.--Subsection (a) shall not apply if an
 5   individual provides proof that the individual is a citizen of
 6   the United States or has lawful immigration status in the United
 7   States.
 8      (c)    Unconstitutional actions and discrimination
 9   prohibited.--To the extent prohibited by the Constitution of the
10   United States and the Constitution of Pennsylvania, a law
11   enforcement agency or municipality may not consider the race,
12   color, religion, language or national origin of an individual
13   while cooperating with Federal agencies for the purpose of
14   enforcing immigration laws.
15      (d)    Defense of law enforcement agencies and
16   municipalities.--
17             (1)   The Attorney General shall defend a law enforcement
18      agency or municipality from a civil action if all of the
19      following apply:
20                   (i)    The law enforcement agency or municipality
21             requests the Attorney General's defense.
22                   (ii)    The Attorney General determines that the civil
23             action arises out of, in whole or in part, good faith
24             compliance with this section.
25             (2)   If the Attorney General defends a law enforcement
26      agency or municipality under this section, the Attorney
27      General shall pay for the expenses and costs of the civil
28      action, and the Commonwealth shall be liable for any judgment
29      or settlement of the action. The law enforcement agency or
30      municipality is not required to pay for the expenses, costs,

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1      judgment or settlement of the civil action.
2      Section 2.    If any provision of this act or its application
3   to any person or circumstance is held invalid, the invalidity
4   shall not affect other provisions or applications of this act
5   which can be given effect without the invalid provision or
6   applicability.
7      Section 3.    This act shall take effect January 1, 2026, or
8   immediately, whichever is later.




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