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Pennsylvania House of Representatives
05/23/2024 12:04 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=41007
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: June 13, 2023 01:45 PM
From: Representative Ryan Warner and Rep. Ryan E. Mackenzie
To: All House members
Subject: Sanctuary Cities
 
 
In the near future, we will be introducing legislation that will address the issue of sanctuary cities in the Commonwealth. This bill is designed to prevent municipalities and counties from designating themselves as “sanctuary cities” in order to thwart federal efforts to combat illegal immigration.
 
Though there is no fixed definition for a “sanctuary city,” the common theme among them is that mayors and other elected officials have prevented their police from honoring an immigration detainer by failing to notify agents of the Department of Homeland Security of the pending release of an individual who has a detainer issued. This misguided attempt at preserving “human rights” ultimately threatens the safety of citizens legally residing in their communities.

Our legislation will include the following provisions:
 
  • The bill will define that the governing body of any municipality or county may not adopt a rule, order, ordinance or policy under which it prohibits the enforcement of the laws of the Commonwealth or federal laws pertaining to immigrants or immigrations, including the federal Immigration and Nationality Act (8 U.S.C., Section 1101 and et. Seq.)
 

  • Under this legislation, if a law enforcement officer has reasonable cause to believe that an individual that is being arrested is not legally present in the United States, they shall immediately report the individual to the appropriate United States Immigration and Customs Enforcement Office within the Department of Homeland Security.
 

  • The bill will also grant legal standing to any person injured to sue a municipality or county that released an individual with a detainer and did not make a good faith effort to contact the proper immigration authorities and arrange for a transfer of custody.

Introduced as HB1840