Philadelphia PA — City Council Passes 'ICE Out' Legislative Package
The Fight
On April 23, 2026, Philadelphia City Council passed a seven-bill “ICE Out” legislative package, placing the city at the forefront of municipal resistance to Trump’s deportation campaign. The bills were co-authored by Councilmember at-Large Rue Landau (Democrat) and Minority Leader Kendra Brooks (Working Families Party), with 15 of the 17 council members signed on as co-sponsors before the vote.
The package passed with mostly 16-1 votes; two measures passed 15-2, with Councilmember Mike Driscoll joining Republican Brian O’Neill in opposition.
What the seven bills do:
- No city property for ICE staging — prohibits federal authorities from using city property as staging or processing areas for immigration enforcement
- No masked agents — bans law enforcement from concealing identities with masks during operations
- Safe Community Places — bars ICE from accessing nonpublic areas of recreation centers, libraries, hospitals, schools, and courthouses
- Codified sanctuary — makes Philadelphia’s sanctuary status statutory rather than merely policy, harder to reverse by executive action
- No immigration status discrimination — creates a protected class barring discrimination based on immigration status
- No data sharing — prohibits data-sharing agreements between the city and ICE
- No conditioned benefits — bars conditioning city services or benefits on immigration status
Legal exposure: A federal appeals court had recently blocked a similar California mask law. ACLU Pennsylvania senior attorney Vanessa Stine called the Philadelphia measures “legally sound” and grounded in constitutional law, but acknowledged some provisions face preemption risk.
Mayor’s position: Mayor Cherelle Parker maintained a notably low public profile throughout the spring ICE surge and had not stated whether she would sign the package as of the time of passage.
DA’s posture: DA Larry Krasner publicly opposed ICE operations in the city throughout 2026, declining to cooperate with federal enforcement in ways that extended beyond his office’s jurisdiction.
Timeline
- 2026-04-13: City Council Committee of the Whole votes unanimously in support of ICE Out package
- 2026-04-23: Full City Council passes all seven bills (mostly 16-1 votes)
- 2026-04-24: National and local press covers vote; Democracy Now! headlines the package
- 2026-04-XX: Legal experts flag preemption exposure; ACLU PA defends bills as constitutionally sound
- 2026-05-XX: Mayor Parker’s signature (or veto) window opens
Key Actors
- Councilmember Rue Landau — co-lead sponsor
- Minority Leader Kendra Brooks — co-lead sponsor; “Philadelphians are not afraid to stand up to the Trump administration”
- Mayor Cherelle Parker — conspicuously silent; signature pending
- DA Larry Krasner — publicly opposed ICE operations; administrative ally
- Vanessa Stine, ACLU PA — called bills “legally sound”
Why This Fight Matters
Philadelphia’s ICE Out package is the most comprehensive municipal anti-ICE legislative package enacted in Pennsylvania and one of the broadest in any major U.S. city. The combination of staging bans, mask prohibitions, Safe Community Places protections, and explicit data-sharing prohibitions creates layered legal and operational obstacles to ICE enforcement. The battle now shifts to whether Mayor Parker signs, and whether the Trump DOJ files a Supremacy Clause suit — as it did against New Haven just nine days before the Council vote.
Sources
- Philadelphia Inquirer: City Council passes ICE Out (April 23, 2026)
- WHYY: Philadelphia ICE Out legislation passes City Council
- WHYY: Philadelphia ICE Out — what you need to know
- Democracy Now!: Philadelphia City Council passes ICE Out bills (April 24, 2026)
- NBC Philadelphia: Philly City Council passes ICE Out legislation
- CBS Philadelphia: ICE Out legislation passed
- Philadelphia City Council: ICE Out passes committee unanimously
- Philadelphia City Council: Original ICE Out introduction press release