HB 1693 — An Act amending Title 29 (Federal Relations) of the Pennsylvania Consolidated Statutes, providing for immigration compliance and public safety.

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
 1   Amending Title 29 (Federal Relations) of the Pennsylvania
 2      Consolidated Statutes, providing for immigration compliance
 3      and public safety.
 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 II
12                               IMMIGRATION
13   Chapter
14      21.    Immigration Compliance and Public Safety
15                                CHAPTER 21
16                 IMMIGRATION COMPLIANCE AND PUBLIC SAFETY
17   Sec.
 1   2101.   Scope of chapter.
 2   2102.   Definitions.
 3   2103.   Preemption.
 4   2104.   Enforcement.
 5   § 2101.    Scope of chapter.
 6      This chapter relates to immigration compliance and public
 7   safety.
 8   § 2102.    Definitions.
 9      The following words and phrases when used in this chapter
10   shall have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Alien offender."      An alien who avoided arrest, detention,
13   prosecution or deportation proceedings as a proximate result of
14   the failure of a municipal official to comply with section
15   2103(a) (relating to preemption).
16      "Child."     An unemancipated individual who is under 18 years
17   of age.
18      "Corrections officer."       As defined in 61 Pa.C.S. § 102
19   (relating to definitions).
20      "Family member."       With respect to an individual, any of the
21   following:
22             (1)   Another individual who is related to the individual
23      within the third degree of consanguinity or affinity.
24             (2)   Another individual who maintains a common-law
25      relationship with the individual.
26             (3)   Another individual who resides in the same household
27      as the individual.
28             (4)   A stepbrother, stepsister, stepchild, stepparent or
29      fiancé of the individual.
30      "Immigration detainer request."        A request by a Federal

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 1   agency to maintain temporary custody of an alien, including a
 2   United States Department of Homeland Security Form I-247
 3   document or a similar or successor form.
 4      "Individual adversely affected."     Any of the following:
 5          (1)   An individual against whom a crime was committed if
 6      the perpetrator of the crime was an alien offender.
 7          (2)   A parent or legal guardian of a child against whom a
 8      crime was committed if the perpetrator of the crime was an
 9      alien offender.
10          (3)   A family member of a homicide victim, if the
11      perpetrator of the homicide was an alien offender.
12      "Judicial officer."   Any of the following:
13          (1)   A judge as defined in 42 Pa.C.S. § 102 (relating to
14      definitions).
15          (2)   A judicial officer as defined in 42 Pa.C.S. § 102.
16      "Judicial staff."   Administrative staff as defined in 42
17   Pa.C.S. § 102.
18      "Law enforcement agency."    Any of the following:
19          (1)   The Office of Attorney General.
20          (2)   A district attorney's office.
21          (3)   An agency that employs a law enforcement officer.
22      "Law enforcement officer."    Any of the following:
23          (1)   An officer of the United States, of another state or
24      political subdivision thereof or of the Commonwealth or
25      political subdivision thereof who is empowered by law to make
26      arrests for offenses, whether that duty extends to all
27      offenses or is limited to specific offenses.
28          (2)   An attorney authorized by law to prosecute or
29      participate in the prosecution of offenses.
30      "Municipal official."   An individual who holds an office or

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 1   position under a municipality or a municipal government
 2   association and is paid on a regular salary or per diem basis.
 3      "Municipality."       A county, city, borough, incorporated town,
 4   township, home rule municipality, optional plan municipality,
 5   optional charter municipality or any similar general purpose
 6   unit of government that may be created or authorized by statute.
 7      "Parole officer."      Any of the following:
 8             (1)   An agent as defined in 61 Pa.C.S. § 6101 (relating
 9      to definitions).
10             (2)   An officer as defined in 61 Pa.C.S. § 6302 (relating
11      to definitions).
12      "Policy."     Any ordinance, resolution, regulation, rule,
13   practice or other action, whether formal or informal,
14   promulgated or enforced by a municipality.
15      "Reasonable expenses."       Attorney fees, expert witness fees
16   and court costs.
17   § 2103.    Preemption.
18      (a)    Immigration policies preempted.--A municipal official
19   may not adopt or enforce a policy that prohibits or materially
20   limits a law enforcement agency, law enforcement officer,
21   corrections officer, parole officer, judicial officer or
22   judicial staff from complying with section 2104 (relating to
23   enforcement).
24      (b)    Cause of action against municipal officials
25   established.--Notwithstanding the provisions of 42 Pa.C.S. §§
26   8545 (relating to official liability generally), 8546 (relating
27   to defense of official immunity), 8548 (relating to indemnity)
28   and 8549 (relating to limitation on damages), an individual
29   adversely affected shall have a cause of action against the
30   municipal official who violated subsection (a).

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 1      (c)    Reasonable expenses and damages.--If an individual
 2   adversely affected is declared a prevailing party, the court:
 3             (1)   Shall award all of the following to the individual
 4      adversely affected:
 5                   (i)     Reasonable expenses.
 6                   (ii)    Actual damages.
 7             (2)   May award any of the following to the individual
 8      adversely affected:
 9                   (i)    Punitive damages.
10                   (ii)    Consequential damages.
11                   (iii)    Damages for past and future loss of earnings
12             and earning capacity.
13                   (iv)    Damages for loss of consortium.
14                   (v)    Damages for pain and suffering.
15   § 2104.    Enforcement.
16      (a)    Duty to cooperate with Federal immigration requests.--
17   Except as provided in subsection (b):
18             (1)   A law enforcement agency, municipality or municipal
19      official that has custody of an individual subject to an
20      immigration detainer request issued by United States
21      Immigration and Customs Enforcement shall:
22                   (i)    Comply with, honor and fulfill any request made
23             in the immigration detainer request.
24                   (ii)    Inform the individual that the individual is
25             being held pursuant to an immigration detainer request
26             issued by the Federal Government.
27             (2)   A law enforcement agency, municipality or municipal
28      official shall provide any information requested by United
29      States Citizenship and Immigration Services, United States
30      Immigration and Customs Enforcement or another Federal agency

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 1      relating to the immigration status of an individual in the
 2      custody of the law enforcement agency, municipality or
 3      municipal official, including information relating to the
 4      name and date and place of birth of the individual.
 5      (b)    Exception.--Subsection (a) shall not apply if an
 6   individual provides proof that the individual is a citizen of
 7   the United States or has lawful immigration status in the United
 8   States.
 9      (c)    Immunity.--A law enforcement officer or municipal
10   official who, in good faith, relies on information contained in
11   an immigration detainer request or other information provided by
12   the Federal Government relating to an individual's immigration
13   status shall be immune from civil or criminal liability for any
14   actions taken to comply with the duties and requirements under
15   subsection (a).
16      Section 2.     This act shall take effect in 60 days.




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