RESOLUTION OF THE PHILADELPHIA BAR ASSOCIATION ENDORSING PHILADELPHIA CITY COUNCIL’S “ICE OUT” BILL PACKAGE

WHEREAS, the Philadelphia Bar Association (“Association”) has long supported efforts to speak out for the protection of vulnerable people and communities; and,

WHEREAS, on November 16, 1995, the Association adopted a resolution titled “Federal Immigration Reform” which opposed HR 2202, a bill which would have enacted sweeping restrictions on legal immigration and legal immigrants;¹ and,

WHEREAS, on June 27, 1996, the Association adopted a resolution titled “Protection of State Civil Rights” which opposed bills which, if passed, would have disabled many civil rights protections, including mandating English as Pennsylvania’s official state language which would have “exclude(d) many segments of our society from access to legal redress, and from obtaining social services, and will act to generally deny citizens their rights under the Constitution, and federal, state, and local laws”, “reverse(d) years of civil rights progress and laws throughout the country and the Commonwealth” and “chill the prosecution of charges of discrimination”;² and

WHEREAS, on May 29, 1997, the Association adopted a resolution titled “Supporting Creation of a Racial and Gender Fairness Advisory Committee for the First Judicial District” which stated, in part, “the effects of racial and gender prejudices and stereotypes cannot be overcome, even by persons of good will, without a strategic plan to address the causes of such prejudices and stereotypes, as well as the ways those stereotypes and prejudices unfairly impact litigants, lawyers, judges, and court personnel within the court system” and “issues of racial and gender fairness in our courts are among the most serious facing out courts”;³ and

WHEREAS, on October 30, 1997, the Association adopted a resolution titled “Supporting the Creation of an Ad Hoc Committee on Racial, Ethnic, and Gender Fairness in the Philadelphia Legal System” which stated, in part, “the Philadelphia Bar Association believes that rectifying racial, ethnic, and gender bias in the legal system is a serious issue that should be addressed;”⁴ and

WHEREAS, on May 4, 2004, the Association adopted a resolution titled “Philadelphia Bar Association Resolution Opposing the CLEAR Acts” which would have “add(ed) federal immigration law enforcement to the list of duties that state and local police carry out”, “criminalize civil violations of immigration law”, “the added duties of enforcing federal immigration law will lead immigrants to distrust state and local law enforcement authorities and undermine community policing”, “withhold funding otherwise available to state or local law enforcement under other laws for failure to enforce the terms of the CLEAR Acts”, “deplete already dwindling resources devoted to criminal investigation and homeland security”, and stated the Association’s policy of opposing “similar legislative or administrative measures designed to criminalize civil immigration law violations, and to engage state and local police in the investigation, apprehension, detention, and removal of undocumented immigrants”;⁵ and

WHEREAS, on November 22, 2005, the Association adopted a resolution titled “Opposing the Proposed Title 10 U.S. Code Chapter 18 Section 374a Set Forth in Section 1035 of the House Version of the National Defense Authorization Act for Fiscal Year 2006, Which Would Expand the Role of the Armed Forces of the United States in Border Control and Antiterrorism Functions” which recognized an interest of domestic and external security of the United States requires a certain “the separation of function among Federal, state and local governments”;⁶ and

WHEREAS, on February 23, 2006, the Association adopted a resolution titled “Resolution on the DREAM Act” which declared the Association’s policy of “support(ing) the DREAM Act and similar legislation to provide qualified immigrant students with a pathway to legal residence and completion of their college education”;⁷ and

WHEREAS, on March 30, 2006, the Association adopted a resolution titled “Resolution Regarding Iranian Lawyers Abdolfattah Soltani and Nasser Zarafshan” which affirmed “throughout the world, and in Philadelphia, it has long been the role of lawyers to question the conduct of government, and to uphold the rights of others to do so, and to obtain recompense for wrongs done by government, by petitioning courts in the respective jurisdictions where those lawyers practice and to assert, pursuant to due process provided by law, the rights of citizens and others in their respective jurisdictions” and the Association’s “respect the role of lawyers in Philadelphia and elsewhere as defenders of human rights”;⁸ and

WHEREAS, on March 30, 2006, the Association adopted a resolution titled “Resolution Opposing HR 4437, the Border Protection, Anti-Terrorism, and Illegal Immigration Control Act” which opposed bills which would have “prevented those who were granted asylum from ever obtaining permanent residency”, recognized “(m)any asylum seekers fleeing repressive or worn-torn regimes are unable to get passports from these regimes”, and “expand(ed) removal which subject individuals, including asylum seekers, to immediate removal to countries without administrative or court review”, and further affirmed the Association’s observation that “Philadelphia is home to many immigrants who contribute culturally, economically, and socially to the fabric of the City”;⁹ and

WHEREAS, on March 30, 2006, the Association adopted the Statement of Core Principles of the Legal Profession which states: “The legal profession throughout the world, in the interests of the public, is committed to these core principles: 1) An impartial, and independent, judiciary, without which there is no rule of law. 2) An independent legal profession, without which there is no rule of law or freedom for the people. 3) Access to justice for all people throughout the world, which is only possible with an independent legal professional and an impartial, and independent, judiciary. And that, these core principles shall not yield to any emergency of the moment”;¹⁰ and

WHEREAS, on July 29, 2010, the Association adopted a resolution titled “Opposing Anti-Immigrant Legislation” which opposed anti-immigrant legislation throughout the United States by Federal and State legislative entities, including bills which would “allow law enforcement officers, without warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removeable from the U.S.; explicitly require state and local law enforcement officials to inquire about immigration status of any person who is ‘reasonably suspected’ of being unlawfully present when lawful contact or a lawful stop occurs; (and) makes it a misdemeanor to fail to carry proper immigration documents, essentially criminalizing immigration status”;¹¹ and

WHEREAS, on December 17, 2015, the Association adopted a resolution titled “Resolution Opposing Senate Bill No. 997, Printer’s No. 1384, on ‘Sanctuary Cities’” which stated “local law enforcement collaboration with ICE undermines community trust in the police, leading many immigrants to avoid coming forward to seek police protection, report crimes, and cooperate in investigations”, “immigration enforcement is a job for federal immigration authorities and not for local law enforcement, whose job is to protect all residents, regardless of immigration status”, and “using local law enforcement agencies to enforce federal immigration laws invites law enforcement officers to engage in unconstitutional racial and ethnic profiling and to treat people perceived to be ‘foreign’ differently”;¹² and

WHEREAS, on September 29, 2016, the Association adopted a resolution titled “Resolution Opposing House Bill No. 1885, Printer’s No. 3075, on ‘Sanctuary Cities’” which reinforced its December 17, 2025 resolution concerning a substantially similar bill;¹³ and

WHEREAS, on December 15, 2016, the Association adopted a resolution titled “Resolution Urging the Pennsylvania Supreme Court and Board of Law Examiners to Welcome Qualified Candidates to the Pennsylvania Bar Regardless of Immigration Status” which noted “being present in the United States without lawful status is not a crime”, “undocumented immigrants are at heightened risk of discrimination and violation of their legal rights”, “the difficulty of obtaining legal redress is heightened for immigrants who have limited English proficiency and are unfamiliar with the American legal system, and who may fear retaliation”, “immigrant communities, and particularly communities of undocumented immigrants, are underserved by the legal profession”, and further affirmed its “long and distinguished tradition of promoting equal access to justice”;¹⁴ and

WHEREAS, on March 30, 2017, the Association adopted a resolution titled “Resolution Opposing Senate Bill No. 273, Printer’s No. 259, and House Bill No. 14, Printer’s No. 32, on ‘Sanctuary Campuses’” which asserted “campus law enforcement collaboration with Immigration and Customs Enforcement (ICE) would undermine trust in campus public safety services, leading many immigrants to avoid coming forward to seek protection, report crimes, and cooperate in investigations, and possibly to avoid participating and engaging in intellectual pursuits with their peers and instructors”;¹⁵ and

WHEREAS, on November 29, 2018, the Association adopted a resolution titled “Resolution Opposing Proposed Rules Expanding the Definition of ‘Public Charge’ for Immigrants” which highlighted the Association’s “long history of support for eligible immigrants seeking to obtain a visa or residency in the United States”;¹⁶ and

WHEREAS, on November 29, 2018, the Association adopted a separate resolution titled “Resolution Opposing Proposed Rules Limiting Access to Fee Waivers for Indigent Immigrants” which asserted “status, residency, and citizenship should be granted to eligible individuals without regard to the applicant’s income”;¹⁷ and

WHEREAS, on April 25, 2019, the Association adopted a resolution titled “Resolution Calling on the Pennsylvania Courts and Administrative Law Agencies to Implement Policies Limiting Communication with ICE by Court or Agency Personnel and Monitoring ICE Access to Courthouses, Administrative Hearing Offices and Probation Offices for Immigration Enforcement” which states “the power of ICE must be balanced with the privacy rights of immigrants and the rights of immigrants to access public safety services and the judicial system”;¹⁸ and

WHEREAS, on April 17, 2025, the Association adopted a resolution titled “Resolution Supporting Access to the Fair and Effective Administration of Justice and Limitations on ICE Enforcement Actions In or Newar Courthouses” which expressed the Association’s strong support for “the need for balance between the enforcement actions granted to ICE within the Constitutional right of all individuals, including immigrants, to access the justice system”;¹⁹ and

WHEREAS, on December 18, 2025, the Association adopted a resolution titled “Proposed Comment to Rule 4.4 with Respect to Invoking a Party’s Immigration Status in Legal Proceedings” which recognized aggressive enforcement of immigration law “create(s) a threat of negative immigration consequences, whether perceived or actual, that may deter the participation of both unauthorized immigrants, legal authorized immigrants, and citizens from accessing the courts … (and) such a threat, perceived or actual, may deter the participation of a substantial population from accessing the courts, appearing as witnesses, or cooperating with law enforcement investigations”;²⁰ and

WHEREAS, on January 7, 2026, Jonathan Ross, an ICE agent, shot and killed Renée Good, a 37-year old woman and American citizen in Minneapolis, Minnesota in front of her wife, Becca Good, during the course of ICE protests, and denied a bystander physician from rendering aid; and

WHEREAS, on January 24, 2026, two United States Custom and Border Protection officers shot and killed Alex Pretti, a 37-year old man and American citizen in Minneapolis, Minnesota during widespread protests following the killing of Renée Good; and

WHEREAS, on January 29, 2026, City of Philadelphia Councilmembers Rue Landau and Kendra Brooks have introduced a series of bills collectively referred to as “ICE Out” bills which would collectively;²¹

Prohibit ICE and other law enforcement agents from concealing their identifies with face masks or unmarked vehicles and requires officers to display badges;
Codifies mayoral executive orders banning 287(g) agreements which allow local police to act as ICE agents;
Prohibits city agencies from collaborating with ICE;
Prevents city agencies from collecting citizenship or immigration status information or sharing personal data with ICE;
Prohibits discrimination or denial of services based on citizenship or immigration status by the City, employers, housing providers, or private businesses;
Prohibits ICE from using city-owned properties as staging locations for raids; and
Bars city employees from granting ICE access to city-owned spaces – such as libraries, shelters, health centers, and recreation centers, without a judicial warrant;

and

WHEREAS, the Association stands for the rule of law, federalism, and the protection of The People in Philadelphia and throughout the world; and

WHEREAS, when, in the course of human events, petitions for redress for oppressions inflicted upon The People are answered by only repeated injury, it becomes necessary for an Association and Legal Professionals to advocate for legal reformation; and

WHEREAS, “There is a tide in the affairs of (humans) which, taken at the flood, leads on to fortune, omitted, all the voyage of their life is bound in shallows and in miseries; on such a full sea are we now afloat and we must take the current when it serves, or lose our ventures.”²²

NOW, THEREFORE, BE IT RESOLVED that the Board of Governors authorizes and directs the Chancellor or the Chancellor’s designee take appropriate actions to advocate for the passage of the above cited bills or their equivalent in subsequent legislative sessions.

IT IS FURTHER RESOLVED that the Board of Governors authorizes the Chancellor or the Chancellor’s designee, to communicate the contents of this Resolution to the public and pertinent governmental bodies.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: April 16, 2026

¹ https://philadelphiabar.org/?pg=BoardResolution155302242000

² https://philadelphiabar.org/?pg=BoardResolution1834252222000

³ https://philadelphiabar.org/?pg=BoardResolution1730562222000

⁴ https://philadelphiabar.org/?pg=BoardResolution1724312222000

⁵ https://philadelphiabar.org/?pg=BoardResolution145944552004

⁶ https://philadelphiabar.org/?pg=BoardResolution1122200503

⁷ https://philadelphiabar.org/?pg=BoardResolution0223200602

⁸ https://philadelphiabar.org/?pg=BoardResolution0330300602

⁹ https://philadelphiabar.org/?pg=BoardResolution0330500602

¹⁰ https://philadelphiabar.org/?pg=BoardResolution0330700602

¹¹ https://philadelphiabar.org/?pg=ResJuly10_1