Regular Session 2023-2024 House Bill 1840 P.N. 2292

PRINTER'S NO. 2292

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1840

Session of

2023

INTRODUCED BY WARNER, R. MACKENZIE, SCIALABBA, GREINER,

M. MACKENZIE, METZGAR, KEEFER, HAMM, TOPPER, STAATS,

KAUFFMAN, JOZWIAK, GLEIM, MOUL, ROWE, GILLEN, LEADBETER,

ZIMMERMAN AND BERNSTINE, NOVEMBER 13, 2023

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 13, 2023

AN ACT

Amending Title 29 (Federal Relations) of the Pennsylvania

Consolidated Statutes, providing for immigration preemption

and cooperation.

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.

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 which 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 to enter a

county correctional institution, including for the purpose of

interviewing an individual in custody at the institution or

enforcing immigration laws.

(4) Inquiring into the immigration status of an

individual in custody.

(5) With respect to information relating to the release

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date or immigration status of an individual in custody,

including information relating to name, date and place of

birth:

(i) Sending the information to or requesting or

receiving the information from United States Citizenship

and Immigration Services, United States Immigration and

Customs Enforcement or another Federal agency.

(ii) Maintaining the information.

(iii) Exchanging the information with another

municipality or Federal or state agency.

(b) Relief.--An individual adversely affected by a policy

prohibited under subsection (a) may file an action for

declaratory or injunctive relief. Original jurisdiction for an

action under this subsection shall be in Commonwealth Court or

any other court with appropriate jurisdiction.

provides written notice of the individual's intention to file an

action in accordance with subsection (b) to the defendant 60

days prior to filing the action, the individual adversely

affected shall be declared the prevailing party if:

(1) a final determination by the court is granted, in

whole or in part, in favor of the individual adversely

affected; or

(2) the policy in question is rescinded, repealed or

otherwise abrogated after suit has been filed under

subsection (b) but before the final determination by the

court.

(d) Reasonable expenses and damages.--If an individual

adversely affected is declared a prevailing party, the court

shall award all of the following to the individual adversely

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affected:

(1) Reasonable expenses.

(2) Actual damages.

(3) Liquidated damages of $100,000 for each day that the

policy prohibited under subsection (a) has been in effect or

$1,000,000, whichever is greater, to be paid into the

Immigration Cooperation Fund.

(e) Fund established.--The Immigration Cooperation Fund is

established as a restricted account in the General Fund. The

fund shall include revenues from damages paid under subsection

(d) and other money as may be appropriated into the fund. Money

in the fund is appropriated to the commission on a continuing

basis for the purpose of providing grants to law enforcement

agencies to cooperate with Federal agencies regarding the

enforcement of immigration laws.

§ 2104. Cooperation.

(a) Duty to cooperate with Federal immigration requests.--

(1) A law enforcement agency or municipality that has

custody of an individual subject to an immigration detainer

request issued by United States Immigration and Customs

Enforcement shall:

(i) Comply with, honor and fulfill any request made

in the detainer request.

(ii) Inform the individual that the individual is

being held pursuant to an immigration detainer request

issued by the Federal Government.

(2) A law enforcement agency or municipality shall

provide any information requested by United States

Citizenship and Immigration Services, United States

Immigration and Customs Enforcement or other Federal agency

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relating to the release date or immigration status of any

individual in its custody, including information relating to

name, date and place of birth.

(b) Exception.--Subsection (a) shall not apply if an

individual provides proof that the individual is a citizen of

the United States or has lawful immigration status in the United

States.

prohibited.--To the extent prohibited by the Constitution of the

United States and the Constitution of Pennsylvania, a law

enforcement agency or municipality may not consider the race,

color, religion, language or national origin of an individual

while cooperating with Federal agencies for the purpose of

enforcing immigration laws.

(d) Defense of law enforcement agencies and

municipalities.--

(1) The Attorney General shall defend a law enforcement

agency or municipality from a civil action if all of the

following apply:

(i) The law enforcement agency or municipality

requests the Attorney General's defense.

(ii) The Attorney General determines that the civil

action arises out of, in whole or in part, good faith

compliance with this section.

(2) If the Attorney General defends a law enforcement

agency or municipality under this section, the Attorney

General shall be required to pay for the expenses and costs

of the civil action and the Commonwealth shall be liable for

any judgment or settlement of the action. The law enforcement

agency or municipality shall not be required to pay for the

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expenses, costs, judgment or settlement of the civil action.

Section 2. If any provision of this act or its application

to any person or circumstance is held invalid, the invalidity

shall not affect other provisions or applications of this act

which can be given effect without the invalid provision or

applicability.

Section 3. This act shall take effect January 1, 2024.

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