An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, providing for enforcement of civil immigration law and for prohibited use of funds.

PRINTER'S NO. 2893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2200
Session of
2026
INTRODUCED BY PIELLI, HOHENSTEIN, BOYD, KHAN, FRIEL, KENYATTA,
SALISBURY, FIEDLER, KAZEEM, KINKEAD, CEPEDA-FREYTIZ, SAPPEY,
WAXMAN, KRAJEWSKI, SMITH-WADE-EL, SANCHEZ, OTTEN, MAYES,
FRANKEL, MADDEN, HOWARD, O'MARA, SHUSTERMAN, WARREN,
MALAGARI, BRENNAN, BOROWSKI, D. WILLIAMS, TAKAC, HANBIDGE,
HILL-EVANS, ISAACSON, BURGOS, RIVERA AND CURRY,
FEBRUARY 5, 2026
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 9, 2026
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for enforcement of civil
immigration law and for prohibited use of funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 25
ENFORCEMENT OF CIVIL IMMIGRATION LAW
Sec.
2501. Scope of chapter.
2502. Definitions.
2503. Requirements .
2504. Identification procedures.
§ 2501. Scope of chapter.
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This chapter relates to the enforcement of civil immigration
law by State Police.
§ 2502. 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:
"Administrative immigration warrant." A formal written
document, which can be signed by an immigration judge or a
Federal immigration authority, authorizing a law enforcement
officer from a Federal immigration authority to make an arrest
or a seizure of a foreign national for an alleged violation of
immigration law.
"Administrative judge." As defined under 42 Pa.C.S. § 102
(relating to definitions).
"Federal immigration authority."
(1) An officer, employee or person otherwise paid by or
acting as an agent of the United States Department of
Homeland Security, including, but not limited to:
(i) The Department of Homeland Security's
subagencies.
(ii) United States Immigration and Customs
Enforcement.
(iii) United States Customs and Border Protection.
(iv) Any current or future division of the
Department of Homeland Security responsible for
immigration enforcement.
(2) The term shall include any officer, employee or
person exercising Federal civil immigration authority under 8
U.S.C. § 1357(g) (relating to powers of immigration officers
and employees) and those from other Federal agencies who have
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been deputized to perform immigration enforcement.
"Foreign national." An individual who is a citizen or
national of any country other than the United States.
"Immigration detainer." A request or notification from a
Federal immigration authority of intent to assume custody of an
arrestee or detainee, which is usually accompanied by a request
that the arresting agency or other custodian maintain custody of
the arrestee or detainee for a period not to exceed 48 hours to
facilitate transfer of the arrestee or detainee by a Federal
immigration authority into Federal custody.
"Immigration enforcement." As follows:
(1) An effort to investigate, enforce or assist in the
investigation or enforcement of a Federal civil immigration
law.
(2) The term includes an effort to investigate, enforce
or assist in the investigation or enforcement of a Federal
criminal immigration law that penalizes a person's presence
in, entry or reentry to or employment in the United States,
including a violation of 8 U.S.C. §§ 1253 (relating to
penalties related to removal), 1324c (relating to penalties
for document fraud), 1325 (relating to improper entry by
alien) and 1326 (relating to reentry of removed aliens).
"Immigration judge." An administrative judge who has
authority under 8 CFR 1240.41 (relating to immigration judges).
"Immigration status." An individual's status with respect to
Federal immigration law, nationality or citizenship, including
information that an individual:
(1) has previously been deported or removed;
(2) is sought by a Federal immigration authority for
deportation or removal; or
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(3) otherwise appears to be deportable or removable.
"State Police." The Pennsylvania State Police.
§ 2503. Requirements.
State Police personnel shall abide by the following
requirements:
(1) State Police personnel may not stop, search,
investigate or attempt to detain or arrest an individual
based upon the individual's immigration status or the
suspicion, knowledge or evidence of an administrative
immigration warrant or immigration detainer.
(2) State Police personnel are prohibited from
questioning an individual regarding the individual's
immigration status, unless the individual's immigration
status is necessary to further an ongoing criminal
investigation that is unrelated to immigration enforcement.
(3) An interaction with or detention of an individual
may not be prolonged based solely upon the individual's
immigration status or the suspicion, knowledge or evidence of
an administrative immigration warrant or immigration
detainer.
(4) State Police personnel are prohibited from
conducting or requesting an immigration alien query on an
individual who is not already under arrest for a matter that
is unrelated to immigration enforcement.
(5) If it is discovered that an individual is the
subject of an administrative immigration warrant or
immigration detainer, State Police personnel may communicate
with, report to or otherwise share relevant information with
the appropriate Federal immigration authority. If State
Police personnel elect to communicate information to a
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Federal immigration authority, the communication shall not be
initiated until the State Police personnel's interaction with
the individual has concluded and the individual has been
released from investigatory detention or arrest processing
has been completed. The communication may not be the basis to
detain or prolong the detention of the individual.
(6) If during an encounter with an individual there is
determined to be a language barrier to communication, State
Police personnel may not contact or utilize a Federal
immigration authority for language interpretation services.
§ 2504. Identification procedures.
(a) When operator of vehicle arrested or detained.--When an
individual, including a foreign national, is the operator of a
motor vehicle and is arrested or detained by an officer of the
State Police:
(1) A driver's license issued by the Commonwealth,
another state or the individual's country of origin shall be
sufficient to identify the individual.
(2) If the individual is not in possession of a driver's
license, the officer shall ask for the individual's full
name, date of birth and any governmental or nongovernmental
form of identification.
(3) Only if the individual cannot be properly identified
under paragraph (1) or (2) may State Police personnel utilize
fingerprinting procedures to determine the existence of
identifying information.
(b) When a passenger, victim or witness.--The following
shall apply when an individual, including a foreign national, is
a passenger, victim or witness:
(1) State Police personnel may not ask for an
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individual's identification on the basis of determining the
individual's immigration status.
(2) State Police personnel may not question or detain an
individual for questioning regarding the immigration status
of the individual or another person.
(3) (i) On occasions when, consistent with applicable
law, it is necessary for State Police personnel to ask a
victim, witness or passenger for identification, State
Police personnel shall accept any of the following as
proof of the individual's identity:
(A) a passport issued by the United States or
another country; or
(B) a driver's license issued by the
Commonwealth, another state or another country.
(ii) State Police personnel shall not complete a
Driver's License Query or Query Wanted Person Files via
the Commonwealth Law Enforcement Assistance Network
(CLEAN) for a passenger, victim or witness unless there
is a reasonable and articulable suspicion of criminal
activity or the passenger has volunteered to assume
operation of the vehicle and the State Police personnel
needs to confirm the passenger's licensure to operate the
vehicle.
Section 2. Title 44 is amended by adding a part to read:
PART V
PROHIBITED USE OF FUNDS
Chapter
91. Federal Immigration Enforcement
CHAPTER 91
FEDERAL IMMIGRATION ENFORCEMENT
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Sec.
9101. Scope of chapter.
9102. Definitions.
9103. Prohibited law enforcement agency agreements.
9104. Prohibited use of funds by law enforcement.
9105. Reporting requirements.
9106. Construction .
§ 9101. Scope of chapter.
This chapter relates to the use of State appropriated money
allocated to law enforcement agencies participating in a Federal
immigration enforcement agreement.
§ 9102. 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:
"Federal immigration authority."
(1) An officer, employee or person otherwise paid by or
acting as an agent of the United States Department of
Homeland Security, including, but not limited to:
(i) The Department of Homeland Security's
subagencies.
(ii) United States Immigration and Customs
Enforcement.
(iii) United States Customs and Border Protection.
(iv) Any current or future division of the
Department of Homeland Security responsible for
immigration enforcement.
(2) The term shall include any officer, employee or
person exercising Federal civil immigration authority under 8
U.S.C. § 1357(g) (relating to powers of immigration officers
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and employees) and those from other Federal agencies who have
been deputized to perform immigration enforcement.
"Hold request." A Federal immigration authority request that
a local law enforcement agency maintain custody of an individual
currently in the local law enforcement agency's custody beyond
the time the individual would otherwise be eligible for release
in order to facilitate transfer to Federal immigration
authorities, including through an immigration detainer.
"Law enforcement agency." As defined under section 7302
(relating to definitions).
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" under 18 Pa.C.S. § 501
(relating to definitions).
"Restricted personal information." As defined under 18
Pa.C.S. § 2719 (relating to endangerment of public safety
official).
§ 9103. Prohibited law enforcement agency agreements.
(a) Prohibitions.--A law enforcement agency may not enter
into, modify, renew or extend an agreement to:
(1) exercise Federal civil immigration authority under 8
U.S.C. § 1357(g) (relating to powers of immigration officers
and employees); or
(2) detain or house individuals who are in the custody
of a Federal immigration authority for violations of Federal
immigration law.
(b) Termination.--Any of the following with an existing
immigration enforcement agreement must terminate the agreement
within 30 days after the effective date of this subsection:
(1) State agency.
(2) Unit of local government.
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(3) Law enforcement agency.
§ 9104. Prohibited use of funds by law enforcement.
A law enforcement agency may not use State appropriated money
or resources to:
(1) Investigate, interrogate, detain, detect, house or
arrest an individual for immigration enforcement purposes,
including:
(i) inquiring into an individual's immigration
status;
(ii) detaining an individual on the basis of a hold
request;
(iii) providing information regarding an
individual's release date or restricted personal
information;
(iv) making or intentionally participating in
arrests based on civil immigration warrants;
(v) assisting immigration authorities in the
activities described in 8 U.S.C. § 1357(a)(3) (relating
to powers of immigration officers and employees);
(vi) exercising Federal civil immigration authority
under 8 U.S.C. § 1357(g); or
(vii) any other activity not specifically listed
under this paragraph but the purpose of which is to
support, assist or conduct Federal immigration
enforcement.
(2) Place a law enforcement officer under the
supervision of a Federal agency or employ a law enforcement
officer deputized as a special Federal officer or special
Federal deputy for the purpose of Federal immigration
enforcement.
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(3) Use immigration officers or agents as interpreters
for law enforcement matters relating to individuals in agency
or department custody.
(4) Transfer an individual to a Federal immigration
authority unless authorized by a judicial warrant or a
judicial probable cause determination.
(5) Provide office space for Federal immigration
authorities for use within a city or county law enforcement
facility.
§ 9105. Reporting requirements.
(a) Report.--A law enforcement agency with an agreement to
exercise Federal civil immigration authority under 8 U.S.C. §
1357(g) (relating to powers of immigration officers and
employees) shall submit a report every month to the Attorney
General, which shall include the following information:
(1) Total cost of all activities listed under section
9104 (relating to prohibited use of funds by law
enforcement).
(2) Amount of time spent by law enforcement officers
performing the activities.
(3) The source of funding for:
(i) wages paid to law enforcement officers
performing activities; and
(ii) equipment, vehicles and any other resources
used for the activities that were performed.
(b) Additional requirements.--Each report provided to the
Attorney General under subsection (a) shall be sufficiently
detailed to provide transparency that money used to exercise
Federal civil immigration authority under 8 U.S.C. § 1357(g) was
not appropriated to the law enforcement agency by the
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Commonwealth.
(c) Transparency requirements.--Each report provided to the
Attorney General under subsection (a) shall contain the:
(1) purpose of the task force;
(2) total number of arrests made during the reporting
period;
(3) number of people arrested for immigration
enforcement purposes; and
(4) number of hold requests, including if the number is
zero, received by the law enforcement agency, which shall
include the following information for each hold request:
(i) the date when the hold request was received;
(ii) the date and time the individual subject to the
hold request posted criminal bail, if applicable;
(iii) whether the individual subject to the hold
request was released or transferred; and
(iv) if the individual was released or transferred:
(A) the date and time of the release or
transfer; and
(B) the name of the law enforcement or
government agency to which custody of the individual
was transferred.
(d) Exempt information.--A report provided to the Attorney
General under this section shall not contain the names or other
personally identifying information of any individual subject to
a hold request.
(e) Attorney General reporting requirements.--The Attorney
General shall post each report received under subsection (a) on
the Attorney General's publicly accessible Internet website.
§ 9106. Construction.
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Nothing in this chapter shall be construed to:
(1) limit a law enforcement agency from enforcing any
valid court-issued warrant or order;
(2) prohibit a law enforcement agency from complying
with other Federal statutory or regulatory requirements
regarding disclosure of criminal history record information
under 28 CFR Pt. 20 (relating to criminal justice information
systems); or
(3) prohibit a law enforcement agency from applying for
or receiving reimbursement from the Federal Government for
time spent enforcing Federal civil immigration laws.
Section 3. This act shall take effect in 30 days.
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