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Allentown, PA Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Ordinance
No. 16103, adopted 2-5-2025
Chapter
115, Welcoming City Designation
Status inquiries
Barred absent law or court order
Detainer holds
Barred without judicial warrant
ICE database/facility access
Barred without judicial warrant
287(g) agreements
Prohibited
Welcoming rating goal
3+ stars, Welcoming America

Summary

Allentown's Welcoming City ordinance bars city officials and police from asking about immigration status, sharing that information with ICE, or holding someone on an immigration detainer alone. Officers cannot support ICE operations without a judicial warrant.

No official, employee, or agency shall stop, arrest, detain, or continue to detain a person after that person becomes eligible for release from custody or would otherwise be free to leave an encounter with an agency or agent, based on any of the following: (a) An immigration detainer; (b) An administrative warrant; (c) Other immigration enforcement document; or information or suspicion that the person is not present legally in the United States, or that the person has committed an immigration violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4995055; v49 updated 2026-06-26; through 06-26-2026).

Full Breakdown

Adopted February 5, 2025 by Ordinance No. 16103, Chapter 115 commits Allentown to pursue and maintain at least a 3-star Certified Welcoming City rating from Welcoming America, with City Administration reporting to Council annually on progress. " No city official or employee may inquire into, record, or access a person's citizenship or immigration status unless required by state or federal law or a court order, and any such questions on City forms had to be deleted within 60 days of the chapter's adoption. Officials cannot disclose immigration status to outside parties absent a legal requirement, retain the information, or use City resources, including phones, databases, or radios, to help immigration enforcement.

C bars police from stopping, arresting, or continuing to detain someone past their release date based solely on an immigration detainer, an administrative warrant, or suspicion of unlawful presence. The City cannot enter 287(g) agreements to deputize local officers for federal immigration enforcement, cannot contract with ICE or CBP to house detainees, and, absent a valid judicial warrant, cannot let ICE or CBP access a detained person, use City facilities or databases for immigration investigations, or transfer someone into ICE custody. Officers who receive a request to assist an immigration operation must report it up the chain of command, where it is declined and logged in an interoffice memorandum.

Violations & Fines

Chapter 115 does not set a fine schedule for individuals; it binds City officials and police directly. An employee who violates § 115-3 by inquiring into status, disclosing it, or cooperating with ICE without a judicial warrant is subject to the City's internal personnel discipline, and any request to assist an immigration enforcement operation must be declined and documented up the chain of command rather than acted on.

Frequently Asked Questions

Can Allentown police ask about my immigration status?
No. Section 115-3.A bars city officials and employees, including police, from inquiring into a person's citizenship or immigration status unless state or federal law or a court order requires it. Any such questions on City intake forms were removed within 60 days of the ordinance's 2025 adoption.
Will Allentown hold someone for ICE on a detainer alone?
No. Section 115-3.C prohibits stopping, arresting, or continuing to detain a person past their release eligibility based solely on an immigration detainer, administrative warrant, or suspicion of unlawful presence. ICE needs a valid judicial warrant to get access, facilities, or a custody transfer.
Does Allentown have a 287(g) agreement with ICE?
No. Section 115-3.B(4) bars the City from entering any agreement under 8 U.S.C. § 1357(g) or similar federal law that would let local officers enforce federal civil immigration law.

Sources & Official References

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