Philadelphia Filed Motion to Dismiss ICE Detainer Lawsuit
The city moved to block a federal challenge against its ordinance prohibiting cooperation with immigration detainers.
Updated on Sept. 23, 2026 in Immigration
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Philadelphia city attorneys filed a motion to dismiss a federal lawsuit brought by the U.S. Department of Justice against a local ordinance. The ordinance prohibits city agencies from honoring immigration detainer requests from federal agents.
Why it matters
The city asserts that the Tenth Amendment to the U.S. Constitution prevents the federal government from forcing local employees to assist in federal immigration enforcement. This legal battle centers on whether the federal government can commandeer local resources for immigration tasks.
The filing challenges the Justice Department's August 2026 expansion of a lawsuit targeting Philadelphia's non-cooperation policy. The motion explicitly relies on the Tenth Amendment as a legal basis for the city's position.
The players
Cherelle L. Parker
She is the Mayor of Philadelphia who signed the ordinance codifying the city's policy of non-cooperation with federal immigration detainers.
Chad F. Kenney
He is the U.S. District Judge presiding over the legal challenge brought by the Department of Justice against the city.
U.S. Department of Justice
This is the federal executive department responsible for challenging local ordinances that prohibit cooperation with immigration detainers.
The details
The ordinance currently makes it illegal for Philadelphia city agencies or employees to keep individuals in custody based on federal immigration detainers. City attorneys argue the federal government lacks the authority to conscript local workers to facilitate federal immigration law enforcement.
Timeline
July 2026: Judge Chad F. Kenney ruled that an unrelated city unmasking bill was unconstitutional.
August 2026: The U.S. Department of Justice expanded its lawsuit to include the current immigration detainer bill.
September 22, 2026: Philadelphia city attorneys filed the motion to dismiss the case in federal court.
Political Context
Opponents of the city's move emphasize that immigration enforcement is a federal prerogative and argue that local non-cooperation policies undermine national security. Critics frequently cite the supremacy of federal law when local governments seek to opt out of federal immigration mandates.
The ongoing legal proceedings may affect how city agencies interact with federal immigration authorities. Residents should monitor for updates to city security measures or changes in the enforcement of local immigration-related policies.
The takeaway
The court's decision on this motion will determine the future of Philadelphia's ability to restrict local involvement in federal immigration enforcement. This case represents a significant test of the limits of federal power over local municipal agencies.
Further reading
For additional context on local policies, visit Immigration.
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Should local governments be required to assist federal authorities with immigration enforcement?
