THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CREIGHTON, METCALFE, BOBACK, CLYMER, D. COSTA, DAY, GILLEN, GINGRICH, GOODMAN, GROVE, HARRIS, KAUFFMAN, KNOWLES, METZGAR, MILLER, MUSTIO, PYLE, ROAE, SACCONE, STEVENSON, TALLMAN, VULAKOVICH, FARRY AND GEIST, FEBRUARY 23, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 23, 2011  

AN ACT

Relating to support for law enforcement authorities when

detaining persons who have a questionable immigration status.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Full enforcement of immigration laws required.

(a)  Limitation of immigration laws prohibited.--No official

or agency of the Commonwealth or other political subdivision

shall adopt a policy that limits or restricts enforcement of

Federal immigration laws to less than the full extent permitted

by Federal law.

(b)  Recourse.--A person may challenge in court any official

or agency of the Commonwealth or any political subdivision that

adopts or implements a policy limiting or restricting

enforcement of Federal immigration laws to less than the full

extent permitted by Federal law. If there is a judicial finding

that an official or agency of the Commonwealth or any political

subdivision has violated this section, the court may order any

of the following:

(1)  That the person who brought the action recover court

costs and attorney fees.

(2)  That the official or agency of the Commonwealth or

any political subdivision pay a civil penalty of not less

than $1,000 and not more than $5,000 to the Commonwealth for

each day beyond the seventh day that the policy remains in

effect after service of notice on the agency of the filing of

an action under this paragraph.

(c)  Verification of status of domicile.--When a law

enforcement officer has lawfully stopped, detained or arrested,

for a violation of a law of this Commonwealth or any political

subdivision, a person who is or should reasonably be suspected

of being unlawfully present in the United States, a complete,

full and appropriate attempt shall be made to verify the

person's immigration status with the Federal Government. The

person's immigration status shall be verified through a query to

the appropriate entity of the Federal Government under section

642 of the Omnibus Consolidated Appropriations Act, 1977 (Public

Law 104-208, 8 U.S.C. § 1373(c)). For the purposes of this

paragraph, a person is presumed not to be an alien who is

unlawfully present in the United States if the person provides

to the law enforcement officer or agency any of the following:

(1)  A valid Pennsylvania driver's license.

(2)  A valid identification card issued by the Department

of Transportation.

(3)  Any other valid identification document with a

photograph of the bearer issued by a Federal, State or local

government agency which has verified the lawful presence of

the bearer as a condition of issuance. 

(d)  Conviction of alien to result in transfer to Federal

custody.--If an alien, who is unlawfully present in the United

States is convicted of a violation of State or local law, upon

discharge from imprisonment or assessment of any fine that is

imposed, the alien shall be transferred immediately to the

custody of the United States Immigration and Customs Enforcement

or the United States Customs and Border Protection.

(e)  Transport to Federal custody.--Notwithstanding any other

law, a law enforcement agency may securely transport an alien

who is unlawfully present in the United States and who is in the

agency's custody to a Federal facility in this Commonwealth or

any other point of transfer into Federal custody that is outside

the jurisdiction of the law enforcement agency. If the point of

transfer is located outside of this Commonwealth, the arrested

person first shall be served with a copy of a detainer request

issued by a Federal immigration officer or a record of judicial

authorization for the transfer.

(f)  Arrests based on probable cause of alien status.--A law

enforcement officer, with or without a warrant, may arrest a

person if the officer has probable cause to believe that the

person has committed a public offense that makes the person

removable from the United States.

(g)  Information relating to immigration status.--Except as

provided in Federal law, officials or agencies of the

Commonwealth and any political subdivision shall not be

prohibited or in any way restricted from sending, receiving or

maintaining information relating to the immigration status of

any individual or exchanging that information with any other

Federal, State or local governmental entity for the following

official purposes:

(1)  The investigation, adjudication or prosecution of a

criminal or civil offense.

(2)  Determining eligibility for any public benefit,

service or license provided by the Federal Government, any

State government, or any political subdivision of a state

government. 

(3)  Verifying a claim of residence or domicile if

determination of residence or domicile is required under the

laws of this Commonwealth or a judicial order issued pursuant

to a civil or criminal proceeding in this Commonwealth.

(4)  Confirming the identity of any person who is

detained.

(5)  If the person is an alien, determining whether the

person is in compliance with the Federal registration laws.

Section 2.  Indemnification.

A law enforcement officer shall be indemnified by the

officer's agency against reasonable costs and expenses,

including attorney fees, incurred in connection with an action

or proceeding under this act to which the officer may become a

party by reason of being or having been a member of the law

enforcement agency, except in relation to matters in which the

officer is adjudged to have acted in bad faith.

Section 3.  Implementation.

This act shall be implemented in a manner consistent with

Federal laws regulating immigration, protecting the civil rights

of all persons and respecting the privileges and immunities of

United States citizens.

Section 20.  Effective date.

This act shall take effect in 60 days.