What is the fate of some two dozen ICE bills before Pa. state lawmakers?

This story was updated at 3:48 p.m., Thursday, Jan. 29, to add two related bills. 

About two dozen proposals related to immigration enforcement are percolating in the state legislature in response to the Trump administration’s crackdown and tactics – including increased reliance on county jails and local police departments. 

Lawmakers acknowledge it’s a long shot to enact reforms in a federally-governed arena and with a different party controlling each chamber of the legislature. Even Democratic chairs of House committees aren’t saying whether they’d bring these bills – nearly exclusively sponsored by Democrats – to a vote. 

Listen to Emily’s audio recap: 

Work on some of the legislation in Pennsylvania, as in other states, started this winter amid a surge in Minnesota that has seen federal agents killing two people. But others go back a year or longer, before President Donald Trump started his second term and immigration enforcement started increasing in the commonwealth. 

Immigration and Customs Enforcement officers made 3.5 times more arrests (surpassing 4,800) during the first three quarters of last year than during the same period in 2024 in Pennsylvania, according to the Capital-Star’s analysis of numbers from the Deportation Data Project and the Immigration Enforcement Dashboard.

The state’s increase in the rate and number of arrests rank among the top 10 of states by each measure, the analysis shows. 

Also, the share of people taken into custody without criminal histories rose to nearly 40 percent  – up from less than 20 percent in 2024. 

“Out of bounds”

This data doesn’t quantify due process violations. But some advocacy organizations including the ACLU of Pennsylvania have warned about that happening simply due to inaccurate information; others say it’s occurring. And a recent Department of Homeland Security memo sketched out a potential legal justification to support federal agents entering homes without criminal arrest warrants.

State Rep. Chris Pielli, who says he’s heard about dozens of arrests in his Chester County district, has been working on related measures including one to prohibit unlawful searches and seizures by immigration enforcement officers. 

Pielli served in the U.S. Army and worked both as a county jail guard and public defender prior to winning his seat.

“I feel that it’s the most American thing to do, to always question authority and to push back when you see something going out of bounds,” said Pielli, a Democrat. “And this is clearly out of bounds.” 

Pielli’s bill is modeled after a few states with court-tested laws on the books – including California, with a statute enacted nearly 40 years ago.  It’s in the House Judiciary Committee several other measures: HB1880 to restrict mask-wearing by immigration officers from Rep. Paul Friel (D-Chester), HB1281 to help crime victims secure legal status from Rep. Joseph Hohenstein (D-Philadelphia), a bill to end sanctuary cities from Rep. Ryan Warner (R-Fayette) and another to establish penalties for declining detainer requests from ICE from Rep. Craig Williams (R-Chester/Delaware). 

Chairman Tim Briggs, a Democrat, hasn’t said whether or when he intends to bring up any of the proposals for discussion.

One measure has passed out of committee already. Rep. Ismail Smith-Wade-El’s legislation creating an Office of New Pennsylvanians cleared the State Government Committee on a party-line vote in October. Smith-Wade-El, a Democrat from the refugee resettlement hub of Lancaster, advocated for the same thing last session – not simply in response to the “violent, unconstitutional action being taken by the Department of Homeland Security,” he said.

The office would, for example, provide streamlined pathways for people to secure professional licensing and certifications recognized by the United States equivalent to what they might already have attained in their countries of origin. 

On the Senate side, Sen. Katie Muth (D-Berks/Chester/Montgomery) said policies at a few public schools in her district served as a model for her bill to track and restrict immigration enforcement agents’ access to school properties and students’ data.

“This is just one simple measure that … shouldn’t be controversial,” Muth said, noting one goal is to avoid deterring attendance by children in families who are new to the United States. 

She also described feeling “powerless” upon connecting with constituents who need help navigating ICE encounters themselves or supporting students and neighbors who do. The lawmaker noted she and her colleagues feel compelled to act on what’s largely been the purview of federal lawmakers. 

What’s next? 

Muth’s measure is with the Education Committee chaired by Republican Lynda Culver, who represents part of the Montour, Snyder, Columbia and Northumberland counties plus part of Luzerne. 

“As with all bills referred to the committee, it is currently being reviewed for consideration,” a Culver spokesperson said via email this week. 

Sen. Nikil Saval (D-Philadelphia) introduced a bill Wednesday that would task the state Attorney General with developing guidelines restricting immigration authorities’ interaction with public schools, courthouses, shelters, government health facilities and other services. And it would clamp down on local law enforcement agencies’ immigration enforcement activities through biannual reporting requirements for any with ICE agreements, barring the exchange of certain information, routing communication about violent offenders with immigration violations through the FBI and more. 

The intent is to “ensure effective policing” that prioritizes “the safety, well-being and constitutional rights” of Pennsylvanians and “matters of greatest concern” to the communities served by local law enforcement agencies. 

Saval, whose parents immigrated to the U.S. from India, also is sponsoring SB1071  with Amanda Cappelletti (D-Delaware). It would create masking restrictions for all law enforcement in addition to establishing badge and other identification requirements along with criminal penalties for violations. 

They’ve joined some of the demonstrations held weekly for months at the ICE field office in Philadelphia’s Chinatown, which is part of Saval’s district, alongside advocates and other Democrats – including Sen. Art Haywood (D-Philadelphia/Montgomery). 

Haywood has introduced SB1117 – similar to a proposal in the New Jersey legislature and modeled after existing law in California – to attempt to fortify state and/or local control of local law enforcement against being “commandeered” by the federal government. 

Northeastern Pa. Republican Sen. Lisa Baker chairs the Judiciary Committee, where three bills are parked. Her office didn’t respond to emails from the Capital-Star asking about timing for discussion of Saval’s bills and SB1021 from Sen. Chris Gebhard (R-Lebanon/Berks/Lancaster) to enhance penalties for crimes against immigration enforcement agents.

“ICE officers are operating in increasingly difficult and dangerous conditions and deserve every reasonable protection to ensure they can lawfully and safely carry out their duties,” a spokesperson for Gebhard wrote in an email, citing an eight-fold increase noted by DHS in reported assaults on ICE personnel nationally. 

Sen. Dan Laughlin (R-Erie), who himself introduced a bill to require ICE notification by prosecutors, also didn’t indicate, when questioned, whether he’ll bring up Haywood’s proposal for a vote by the Law & Justice Committee.  

The Capital-Star asked Gov. Josh Shapiro’s office whether he’d support or sign those bills in their current form. 

“The Governor appreciates state lawmakers’ efforts to hold the Trump Administration accountable and push back against federal overreach,” Shapiro spokesperson Alex Peterson wrote in an email. “While we will continue to monitor these proposals as they make their way through the legislative process, Governor Shapiro has made clear that Pennsylvania’s federal delegation is best positioned to take immediate action and hold the federal government accountable.” 

In recent days, more cosponsorship memos have dropped. 

Sen. Sharif Street, a Philadelphia Democrat seeking his party’s nomination for the 3rd Congressional district, circulated a memo Tuesday seeking support for a measure to prohibit tax-payer funded ICE activity, specifically flagging local law enforcement agencies. A similar proposal on the House side is in the final steps before introduction, according to sponsor Pielli.