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PRINTER'S NO. 2080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1693
Session of
2025
INTRODUCED BY C. WILLIAMS, KERWIN, BANTA, K.HARRIS, SCHEUREN,
ROWE, GILLEN, HAMM, HEFFLEY, M. JONES, ARMANINI, GREINER,
E. NELSON, RYNCAVAGE, IRVIN, SHAFFER, ROAE, CUTLER, STAATS,
RIGBY, FLOOD, MAKO, KAUFFMAN, FRITZ, M. BROWN, ANDERSON AND
BASHLINE, JULY 1, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JULY 2, 2025
AN ACT
Amending Title 29 (Federal Relations) of the Pennsylvania
Consolidated Statutes, providing for immigration compliance
and public safety.
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. Immigration Compliance and Public Safety
CHAPTER 21
IMMIGRATION COMPLIANCE AND PUBLIC SAFETY
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2101. Scope of chapter.
2102. Definitions.
2103. Preemption.
2104. Enforcement.
§ 2101. Scope of chapter.
This chapter relates to immigration compliance and public
safety.
§ 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:
"Alien offender." An alien who avoided arrest, detention,
prosecution or deportation proceedings as a proximate result of
the failure of a municipal official to comply with section
2103(a) (relating to preemption).
"Child." An unemancipated individual who is under 18 years
of age.
"Corrections officer." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"Family member." With respect to an individual, any of the
following:
(1) Another individual who is related to the individual
within the third degree of consanguinity or affinity.
(2) Another individual who maintains a common-law
relationship with the individual.
(3) Another individual who resides in the same household
as the individual.
(4) A stepbrother, stepsister, stepchild, stepparent or
fiancé of the individual.
"Immigration detainer request." A request by a Federal
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agency to maintain temporary custody of an alien, including a
United States Department of Homeland Security Form I-247
document or a similar or successor form.
"Individual adversely affected." Any of the following:
(1) An individual against whom a crime was committed if
the perpetrator of the crime wa s an alien offender.
(2) A parent or legal guardian of a child against whom a
crime was committed if the perpetrator of the crime was an
alien offender .
(3) A family member of a homicide victim, if the
perpetrator of the homicide wa s an alien offender.
"Judicial officer." Any of the following:
(1) A judge as defined in 42 Pa.C.S. § 102 (relating to
definitions).
(2) A judicial officer as defined in 42 Pa.C.S. § 102.
"Judicial staff." Administrative staff as defined in 42
Pa.C.S. § 102.
"Law enforcement agency." Any of the following:
(1) The Office of Attorney General.
(2) A district attorney's office.
(3) An agency that employs a law enforcement officer.
"Law enforcement officer." Any of the following:
(1) An officer of the United States, of another state or
political subdivision thereof or of the Commonwealth or
political subdivision thereof who is empowered by law to make
arrests for offenses, whether that duty extends to all
offenses or is limited to specific offenses.
(2) An attorney authorized by law to prosecute or
participate in the prosecution of offenses.
"Municipal official." An individual who holds an office or
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position under a municipality or a municipal government
association and is paid on a regular salary or per diem basis.
"Municipality." A county, city, borough, incorporated town,
township, home rule municipality, optional plan municipality,
optional charter municipality or any similar general purpose
unit of government that may be created or authorized by statute.
"Parole officer." Any of the following:
(1) An agent as defined in 61 Pa.C.S. § 6101 (relating
to definitions).
(2) An officer as defined in 61 Pa.C.S. § 6302 (relating
to definitions).
"Policy." Any ordinance, resolution, regulation, rule,
practice or 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 municipal official
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 complying with section 2104 (relating to
enforcement).
(b) Cause of action against municipal officials
established.--Notwithstanding the provisions of 42 Pa.C.S. §§
8545 (relating to official liability generally), 8546 (relating
to defense of official immunity), 8548 (relating to indemnity)
and 8549 (relating to limitation on damages), an individual
adversely affected shall have a cause of action against the
municipal official who violated subsection (a).
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(c) Reasonable expenses and damages.--If an individual
adversely affected is declared a prevailing party, the court:
(1) Shall award all of the following to the individual
adversely affected:
(i) Reasonable expenses.
(ii) Actual damages.
(2) May award any of the following to the individual
adversely affected:
(i) P unitive damages.
(ii) Consequential damages.
(iii) Damages for past and future loss of earnings
and earning capacity.
(iv) Damages for loss of consortium.
(v) Damages for pain and suffering.
§ 2104. Enforcement.
(a) Duty to cooperate with Federal immigration requests.--
Except as provided in subsection (b):
(1) A law enforcement agenc y, municipality or municipal
official 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 immigration 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 enforceme nt agency, municipality or municipal
official shall provide any in formation requested by United
States Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or another Federal agency
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relating to the immigration status of an individual in the
custody of the law enforcement a gency, municipality or
municipal official, including information relating to the
name and date and place of birth of the individual.
(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.
(c) Immunity.--A law enforcement officer or municipal
official who, in good faith, relies on information contained in
an immigration detainer request or other information provided by
the Federal Government relating to an individual's immigration
status shall be immune from civil or criminal liability for any
actions taken to comply with the duties and requirements under
subsection (a).
Section 2. This act shall take effect in 60 days.
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