HB 2200 — 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
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, providing for enforcement of civil
 3      immigration law and for prohibited use of funds.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Part II of Title 44 of the Pennsylvania
 7   Consolidated Statutes is amended by adding a chapter to read:
 8                                 CHAPTER 25
 9                    ENFORCEMENT OF CIVIL IMMIGRATION LAW
10   Sec.
11   2501.   Scope of chapter.
12   2502.   Definitions.
13   2503.   Requirements.
14   2504.   Identification procedures.
15   § 2501.   Scope of chapter.
 1      This chapter relates to the enforcement of civil immigration
 2   law by State Police.
 3   § 2502.    Definitions.
 4      The following words and phrases when used in this chapter
 5   shall have the meanings given to them in this section unless the
 6   context clearly indicates otherwise:
 7      "Administrative immigration warrant."        A formal written
 8   document, which can be signed by an immigration judge or a
 9   Federal immigration authority, authorizing a law enforcement
10   officer from a Federal immigration authority to make an arrest
11   or a seizure of a foreign national for an alleged violation of
12   immigration law.
13      "Administrative judge."        As defined under 42 Pa.C.S. § 102
14   (relating to definitions).
15      "Federal immigration authority."
16             (1)   An officer, employee or person otherwise paid by or
17      acting as an agent of the United States Department of
18      Homeland Security, including, but not limited to:
19                   (i)    The Department of Homeland Security's
20             subagencies.
21                   (ii)    United States Immigration and Customs
22             Enforcement.
23                   (iii)    United States Customs and Border Protection.
24                   (iv)    Any current or future division of the
25             Department of Homeland Security responsible for
26             immigration enforcement.
27             (2)   The term shall include any officer, employee or
28      person exercising Federal civil immigration authority under 8
29      U.S.C. § 1357(g) (relating to powers of immigration officers
30      and employees) and those from other Federal agencies who have

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 1      been deputized to perform immigration enforcement.
 2      "Foreign national."     An individual who is a citizen or
 3   national of any country other than the United States.
 4      "Immigration detainer."     A request or notification from a
 5   Federal immigration authority of intent to assume custody of an
 6   arrestee or detainee, which is usually accompanied by a request
 7   that the arresting agency or other custodian maintain custody of
 8   the arrestee or detainee for a period not to exceed 48 hours to
 9   facilitate transfer of the arrestee or detainee by a Federal
10   immigration authority into Federal custody.
11      "Immigration enforcement."     As follows:
12             (1)   An effort to investigate, enforce or assist in the
13      investigation or enforcement of a Federal civil immigration
14      law.
15             (2)   The term includes an effort to investigate, enforce
16      or assist in the investigation or enforcement of a Federal
17      criminal immigration law that penalizes a person's presence
18      in, entry or reentry to or employment in the United States,
19      including a violation of 8 U.S.C. §§ 1253 (relating to
20      penalties related to removal), 1324c (relating to penalties
21      for document fraud), 1325 (relating to improper entry by
22      alien) and 1326 (relating to reentry of removed aliens).
23      "Immigration judge."     An administrative judge who has
24   authority under 8 CFR 1240.41 (relating to immigration judges).
25      "Immigration status."     An individual's status with respect to
26   Federal immigration law, nationality or citizenship, including
27   information that an individual:
28             (1)   has previously been deported or removed;
29             (2)   is sought by a Federal immigration authority for
30      deportation or removal; or

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 1             (3)   otherwise appears to be deportable or removable.
 2      "State Police."     The Pennsylvania State Police.
 3   § 2503.    Requirements.
 4      State Police personnel shall abide by the following
 5   requirements:
 6             (1)   State Police personnel may not stop, search,
 7      investigate or attempt to detain or arrest an individual
 8      based upon the individual's immigration status or the
 9      suspicion, knowledge or evidence of an administrative
10      immigration warrant or immigration detainer.
11             (2)   State Police personnel are prohibited from
12      questioning an individual regarding the individual's
13      immigration status, unless the individual's immigration
14      status is necessary to further an ongoing criminal
15      investigation that is unrelated to immigration enforcement.
16             (3)   An interaction with or detention of an individual
17      may not be prolonged based solely upon the individual's
18      immigration status or the suspicion, knowledge or evidence of
19      an administrative immigration warrant or immigration
20      detainer.
21             (4)   State Police personnel are prohibited from
22      conducting or requesting an immigration alien query on an
23      individual who is not already under arrest for a matter that
24      is unrelated to immigration enforcement.
25             (5)   If it is discovered that an individual is the
26      subject of an administrative immigration warrant or
27      immigration detainer, State Police personnel may communicate
28      with, report to or otherwise share relevant information with
29      the appropriate Federal immigration authority. If State
30      Police personnel elect to communicate information to a

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 1      Federal immigration authority, the communication shall not be
 2      initiated until the State Police personnel's interaction with
 3      the individual has concluded and the individual has been
 4      released from investigatory detention or arrest processing
 5      has been completed. The communication may not be the basis to
 6      detain or prolong the detention of the individual.
 7             (6)   If during an encounter with an individual there is
 8      determined to be a language barrier to communication, State
 9      Police personnel may not contact or utilize a Federal
10      immigration authority for language interpretation services.
11   § 2504.    Identification procedures.
12      (a)    When operator of vehicle arrested or detained.--When an
13   individual, including a foreign national, is the operator of a
14   motor vehicle and is arrested or detained by an officer of the
15   State Police:
16             (1)   A driver's license issued by the Commonwealth,
17      another state or the individual's country of origin shall be
18      sufficient to identify the individual.
19             (2)   If the individual is not in possession of a driver's
20      license, the officer shall ask for the individual's full
21      name, date of birth and any governmental or nongovernmental
22      form of identification.
23             (3)   Only if the individual cannot be properly identified
24      under paragraph (1) or (2) may State Police personnel utilize
25      fingerprinting procedures to determine the existence of
26      identifying information.
27      (b)    When a passenger, victim or witness.--The following
28   shall apply when an individual, including a foreign national, is
29   a passenger, victim or witness:
30             (1)   State Police personnel may not ask for an

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 1      individual's identification on the basis of determining the
 2      individual's immigration status.
 3             (2)   State Police personnel may not question or detain an
 4      individual for questioning regarding the immigration status
 5      of the individual or another person.
 6             (3)   (i)     On occasions when, consistent with applicable
 7             law, it is necessary for State Police personnel to ask a
 8             victim, witness or passenger for identification, State
 9             Police personnel shall accept any of the following as
10             proof of the individual's identity:
11                          (A)   a passport issued by the United States or
12                   another country; or
13                          (B)   a driver's license issued by the
14                   Commonwealth, another state or another country.
15                   (ii)    State Police personnel shall not complete a
16             Driver's License Query or Query Wanted Person Files via
17             the Commonwealth Law Enforcement Assistance Network
18             (CLEAN) for a passenger, victim or witness unless there
19             is a reasonable and articulable suspicion of criminal
20             activity or the passenger has volunteered to assume
21             operation of the vehicle and the State Police personnel
22             needs to confirm the passenger's licensure to operate the
23             vehicle.
24      Section 2.      Title 44 is amended by adding a part to read:
25                                         PART V
26                                PROHIBITED USE OF FUNDS
27   Chapter
28      91.    Federal Immigration Enforcement
29                                       CHAPTER 91
30                           FEDERAL IMMIGRATION ENFORCEMENT

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 1   Sec.
 2   9101.   Scope of chapter.
 3   9102.   Definitions.
 4   9103.   Prohibited law enforcement agency agreements.
 5   9104.   Prohibited use of funds by law enforcement.
 6   9105.   Reporting requirements.
 7   9106.   Construction.
 8   § 9101.    Scope of chapter.
 9      This chapter relates to the use of State appropriated money
10   allocated to law enforcement agencies participating in a Federal
11   immigration enforcement agreement.
12   § 9102.    Definitions.
13      The following words and phrases when used in this chapter
14   shall have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Federal immigration authority."
17             (1)   An officer, employee or person otherwise paid by or
18      acting as an agent of the United States Department of
19      Homeland Security, including, but not limited to:
20                   (i)    The Department of Homeland Security's
21             subagencies.
22                   (ii)    United States Immigration and Customs
23             Enforcement.
24                   (iii)    United States Customs and Border Protection.
25                   (iv)    Any current or future division of the
26             Department of Homeland Security responsible for
27             immigration enforcement.
28             (2)   The term shall include any officer, employee or
29      person exercising Federal civil immigration authority under 8
30      U.S.C. § 1357(g) (relating to powers of immigration officers

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 1      and employees) and those from other Federal agencies who have
 2      been deputized to perform immigration enforcement.
 3      "Hold request."     A Federal immigration authority request that
 4   a local law enforcement agency maintain custody of an individual
 5   currently in the local law enforcement agency's custody beyond
 6   the time the individual would otherwise be eligible for release
 7   in order to facilitate transfer to Federal immigration
 8   authorities, including through an immigration detainer.
 9      "Law enforcement agency."     As defined under section 7302
10   (relating to definitions).
11      "Law enforcement officer."     The term shall have the same
12   meaning as the term "peace officer" under 18 Pa.C.S. § 501
13   (relating to definitions).
14      "Restricted personal information."       As defined under 18
15   Pa.C.S. § 2719 (relating to endangerment of public safety
16   official).
17   § 9103.    Prohibited law enforcement agency agreements.
18      (a)    Prohibitions.--A law enforcement agency may not enter
19   into, modify, renew or extend an agreement to:
20             (1)   exercise Federal civil immigration authority under 8
21      U.S.C. § 1357(g) (relating to powers of immigration officers
22      and employees); or
23             (2)   detain or house individuals who are in the custody
24      of a Federal immigration authority for violations of Federal
25      immigration law.
26      (b)    Termination.--Any of the following with an existing
27   immigration enforcement agreement must terminate the agreement
28   within 30 days after the effective date of this subsection:
29             (1)   State agency.
30             (2)   Unit of local government.

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 1             (3)   Law enforcement agency.
 2   § 9104.    Prohibited use of funds by law enforcement.
 3      A law enforcement agency may not use State appropriated money
 4   or resources to:
 5             (1)   Investigate, interrogate, detain, detect, house or
 6      arrest an individual for immigration enforcement purposes,
 7      including:
 8                   (i)    inquiring into an individual's immigration
 9             status;
10                   (ii)    detaining an individual on the basis of a hold
11             request;
12                   (iii)    providing information regarding an
13             individual's release date or restricted personal
14             information;
15                   (iv)    making or intentionally participating in
16             arrests based on civil immigration warrants;
17                   (v)    assisting immigration authorities in the
18             activities described in 8 U.S.C. § 1357(a)(3) (relating
19             to powers of immigration officers and employees);
20                   (vi)    exercising Federal civil immigration authority
21             under 8 U.S.C. § 1357(g); or
22                   (vii)    any other activity not specifically listed
23             under this paragraph but the purpose of which is to
24             support, assist or conduct Federal immigration
25             enforcement.
26             (2)   Place a law enforcement officer under the
27      supervision of a Federal agency or employ a law enforcement
28      officer deputized as a special Federal officer or special
29      Federal deputy for the purpose of Federal immigration
30      enforcement.

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 1             (3)   Use immigration officers or agents as interpreters
 2      for law enforcement matters relating to individuals in agency
 3      or department custody.
 4             (4)   Transfer an individual to a Federal immigration
 5      authority unless authorized by a judicial warrant or a
 6      judicial probable cause determination.
 7             (5)   Provide office space for Federal immigration
 8      authorities for use within a city or county law enforcement
 9      facility.
10   § 9105.    Reporting requirements.
11      (a)    Report.--A law enforcement agency with an agreement to
12   exercise Federal civil immigration authority under 8 U.S.C. §
13   1357(g) (relating to powers of immigration officers and
14   employees) shall submit a report every month to the Attorney
15   General, which shall include the following information:
16             (1)   Total cost of all activities listed under section
17      9104 (relating to prohibited use of funds by law
18      enforcement).
19             (2)   Amount of time spent by law enforcement officers
20      performing the activities.
21             (3)   The source of funding for:
22                   (i)    wages paid to law enforcement officers
23             performing activities; and
24                   (ii)    equipment, vehicles and any other resources
25             used for the activities that were performed.
26      (b)    Additional requirements.--Each report provided to the
27   Attorney General under subsection (a) shall be sufficiently
28   detailed to provide transparency that money used to exercise
29   Federal civil immigration authority under 8 U.S.C. § 1357(g) was
30   not appropriated to the law enforcement agency by the

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 1   Commonwealth.
 2      (c)    Transparency requirements.--Each report provided to the
 3   Attorney General under subsection (a) shall contain the:
 4             (1)   purpose of the task force;
 5             (2)   total number of arrests made during the reporting
 6      period;
 7             (3)   number of people arrested for immigration
 8      enforcement purposes; and
 9             (4)   number of hold requests, including if the number is
10      zero, received by the law enforcement agency, which shall
11      include the following information for each hold request:
12                   (i)    the date when the hold request was received;
13                   (ii)    the date and time the individual subject to the
14             hold request posted criminal bail, if applicable;
15                   (iii)    whether the individual subject to the hold
16             request was released or transferred; and
17                   (iv)    if the individual was released or transferred:
18                          (A)   the date and time of the release or
19                   transfer; and
20                          (B)   the name of the law enforcement or
21                   government agency to which custody of the individual
22                   was transferred.
23      (d)    Exempt information.--A report provided to the Attorney
24   General under this section shall not contain the names or other
25   personally identifying information of any individual subject to
26   a hold request.
27      (e)    Attorney General reporting requirements.--The Attorney
28   General shall post each report received under subsection (a) on
29   the Attorney General's publicly accessible Internet website.
30   § 9106.    Construction.

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 1    Nothing in this chapter shall be construed to:
 2        (1)   limit a law enforcement agency from enforcing any
 3    valid court-issued warrant or order;
 4        (2)   prohibit a law enforcement agency from complying
 5    with other Federal statutory or regulatory requirements
 6    regarding disclosure of criminal history record information
 7    under 28 CFR Pt. 20 (relating to criminal justice information
 8    systems); or
 9        (3)   prohibit a law enforcement agency from applying for
10    or receiving reimbursement from the Federal Government for
11    time spent enforcing Federal civil immigration laws.
12    Section 3.    This act shall take effect in 30 days.




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