Is Philadelphia a Sanctuary City?
The term “sanctuary city” is often used in discussions about immigration, but its definition can be unclear. If you live in Philadelphia or are considering moving there, you may wonder what it means for the city to be a sanctuary and how it might affect you. Here at Hykel Law, a leading immigration law firm in Philadelphia, we can provide legal guidance on Philadelphia’s sanctuary city policies..
What Is a Sanctuary City?
A sanctuary city is typically a jurisdiction that has adopted policies or ordinances designed to protect undocumented immigrants from deportation. This means that unless Immigration and Customs Enforcement (ICE) obtains a judicial warrant, local law enforcement will not detain individuals based solely on their immigration status. Sanctuary cities are a means to keep the immigrant community engaged and trustful of law enforcement. If immigrants are chilled from cooperation with law enforcement, research shows that communities become less safe.
While the term “sanctuary city” does not have a uniform legal definition, most sanctuary cities are characterized by the following actions:
- Local law enforcement will not detain individuals ICE may be interested in without presentation of a judicial warrant to do so.
- Refusing to honor ICE detainers, which is an unsubstantiated request to local law enforcement to hold someone in custody beyond their release date to give the agency more time to engage or detain the person.
Philadelphia’s Stance on Sanctuary City Status
Philadelphia is often identified as a sanctuary city due to its policies related to immigrant protection and limits on cooperation with ICE. The following verified information clarifies the city’s stance:
- Limiting ICE Cooperation: Philadelphia has a policy of limiting cooperation between city law enforcement and federal immigration authorities. The city’s policy, established by executive order, prohibits local police from sharing information or cooperating with ICE for civil immigration enforcement unless there is a judicial warrant .
- Welcoming City Ordinance: In 2019, Philadelphia City Council passed the “Welcoming City” ordinance, which reaffirms the city’s commitment to limiting its cooperation with federal immigration enforcement . This policy aims to protect immigrant communities and reduce the fear of interacting with local government services.
- Detainer Policy: The city does not comply with ICE detainers, which are requests to hold individuals for up to 48 hours beyond their scheduled release, unless ICE provides a judicial warrant .
What A Sanctuary City is Not
Philadelphia does not allow immigrants to commit crimes and walk free. If people commit crimes that warrant arrest and detention under state law, that is exactly what the Philadelphia Police Department will do to keep communities safe. A common misconception of Sanctuary Cities is that people think immigrants are free to commit crimes with no consequences. Nothing could be further from the truth. If Pennsylvania criminal law requires that a person who engaged in criminal conduct be arrested and denied bail, that is what will occur.
Additionally, Philadelphia does not completely refuse to cooperate with federal authorities. The city will cooperate if a criminal warrant is issued.
In short, Sanctuary Cities like Philadelphia keep communities safer by not chilling immigrant communities from cooperating with law enforcement by serving as witnesses to crimes or offering victim testimony.
What Does This Mean for You?
For immigrants in Philadelphia, the sanctuary policies provide significant protections, though there are limitations. Here’s what you need to know:
Protection from ICE Detainers
One of the main benefits of Philadelphia’s sanctuary city policies is the protection from ICE detainers. An ICE detainer is a request from U.S. Immigration and Customs Enforcement to local law enforcement to hold an individual beyond their scheduled release date, providing ICE more time to take that person into custody for immigration enforcement purposes. In Philadelphia, local law enforcement generally will not honor these detainer requests unless there is a judicial warrant.
This means that if an immigrant is arrested for a minor offense or simply being in the wrong place at the wrong time, they are less likely to be detained for deportation purposes unless there is a legitimate criminal warrant against them. Philadelphia’s refusal to honor ICE detainers without a warrant aims to foster trust between immigrant communities and local law enforcement. Immigrants can feel more secure in interacting with local authorities without the fear that a minor legal issue will lead to deportation. This policy encourages immigrants to report crimes, cooperate with investigations, and seek help when they need it—all of which contribute to greater public safety in Philadelphia as a whole.
However, it is important to note that these protections are not absolute. ICE can and does conduct enforcement actions within Philadelphia, and individuals with serious criminal records are still at risk of being detained and deported. Immigrants with any prior criminal issues should seek the guidance of an immigration lawyer in Philadelphia to understand their risks and rights.
Law Enforcement Interactions
Philadelphia’s policies also limit the circumstances in which local police can inquire about an individual’s immigration status. Under these policies, police officers are prohibited from asking about an individual’s immigration status during routine interactions, such as traffic stops, unless there is a specific legal reason. This protection helps to reduce the fear of being targeted for immigration enforcement simply because of an encounter with law enforcement.
By removing the threat of immigration-related questioning during routine interactions, immigrants in Philadelphia are more likely to feel comfortable engaging with law enforcement, whether to report a crime, cooperate in an investigation, or seek protection from a dangerous situation. This increased level of trust between immigrant communities and local police helps to make neighborhoods safer for everyone.
In addition, this policy also ensures that police resources are directed towards addressing public safety rather than immigration enforcement. Local law enforcement officers are not immigration agents, and their primary duty is to protect and serve the community. By keeping immigration enforcement separate from local policing, Philadelphia helps ensure that law enforcement can focus on protecting public safety without causing fear within immigrant communities.
Access to Legal Resources
Immigrants in Philadelphia can access various forms of legal assistance, including help with asylum applications, family-based immigration cases, business visa applications, and immigration appeals. Hykel Law can help individuals understand their rights, explore their legal options, and represent them in court or before immigration authorities. Having access to quality legal support can make the difference between staying in the United States and facing deportation.
For individuals with a criminal history or those who have previously been ordered removed, the risk of deportation remains. In these situations, it is essential to consult with an immigration attorney in Philly to understand the specific risks and develop a plan to protect one’s legal status.
Trust Hykel Law with Your Immigration Case
Philadelphia’s policies provide a degree of protection for undocumented immigrants, but the immigration process remains complex. Whether you’re seeking to stay in the U.S. on a temporary visa, facing deportation, or seeking permanent residency, it is crucial to be represented by a skilled immigration lawyer in Philadelphia.
We understand the unique challenges that immigrants face at Hykel law. Our firm offers tailored solutions to meet your specific needs. Don’t face the immigration process alone—contact us today to learn more about how we can assist with your case.
