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

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
 1   Amending Title 29 (Federal Relations) of the Pennsylvania
 2      Consolidated Statutes, providing for Federal immigration
 3      enforcement in State facilities.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 29 of the Pennsylvania Consolidated
 7   Statutes is amended by adding parts to read:
 8                                    PART I
 9                          PRELIMINARY PROVISIONS
10                                  (Reserved)
11                                   PART III
12                                LAW ENFORCEMENT
13   Chapter
14      31.    Federal Immigration Enforcement in State Facilities
15                                  CHAPTER 31
16            FEDERAL IMMIGRATION ENFORCEMENT IN STATE FACILITIES
17   Sec.
18   3101.    Scope of chapter.
 1   3102.   Definitions.
 2   3103.   Civil immigration arrests.
 3   3104.   Civil action.
 4   3105.   Immunity not a defense.
 5   3106.   Statute of limitations.
 6   § 3101.    Scope of chapter.
 7      This chapter relates to Federal immigration enforcement in
 8   State facilities.
 9   § 3102.    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      "Affected State entity."      Any of the following:
14             (1)   An agency or department of the Commonwealth over
15      which the Governor exercises executive authority.
16             (2)   A political subdivision.
17             (3)   A public benefit corporation, public authority,
18      board or commission for which the Governor appoints the
19      chairperson, chief executive officer or a majority of the
20      members of the governing body.
21      "Judicial order."      An order issued by a magistrate or judge
22   acting within the judicial branch of Federal, State or local
23   government.
24      "Judicial warrant."     A warrant issued by a magistrate or
25   judge acting within the judicial branch of Federal, State or
26   local government.
27      "Political subdivision."      As defined in 1 Pa.C.S. § 1991
28   (relating to definitions).
29      "State facility."      A building or structure, or portion
30   thereof, owned, leased or otherwise occupied by an affected

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

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




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