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

The City Council of Harrisburg, Pennsylvania, added § 2-301.16, titled "Immigration related matters," to the Administrative Code on 2-24-2026 by Ord. No. 1-2026. Subsection A calls it a citywide administrative policy governing the conduct of City officials and employees and the use of City resources with respect to federal civil immigration enforcement. It reaches every elected official, appointed official, employee or agent of the City of Harrisburg, and it treats U.S. Immigration and Customs Enforcement as a federal immigration authority.

Subsection C prohibits any inquiry into, collection of, or maintenance of information about citizenship or immigration status, except where federal or state law expressly requires it. Subsection D bars the use of City funds, personnel, equipment, data, technology, property or facilities to assist in the investigation, detention or arrest of a person for a violation of federal civil immigration law.

Subsection E covers detainers. No City official or employee may detain a person based solely on a civil immigration non-judicial detainer or administrative request, and none may give a federal immigration authority advance notice of a person's release date or time, unless a judicial warrant is presented or other law requires it. A judicial warrant means a warrant issued by a federal or state court and signed by a judge or magistrate. Subsection F forbids starting an investigation or taking law enforcement action, including a stop, apprehension, arrest or other field contact, solely because of actual or perceived status. Subsection G limits record retention to what state or federal law or a court order requires.

Subsection H ordered every City office, department and bureau to review its applications, questionnaires and interview forms for benefits, opportunities or services and to delete status questions not required by ordinance, court order, or state or federal law within 60 days of adoption. Subsection I denies federal immigration agents access to non-public City facilities or to individuals in City custody without a valid judicial warrant.

Subsection K sets the limits: the section does not prohibit compliance with federal or state law or with a valid judicial warrant or court order, does not restrict 8 U.S.C. § 1373 on information sharing, and does not limit cooperation with federal authorities in criminal investigations unrelated to civil immigration enforcement.