The Department of Justice filed a lawsuit Thursday against the City of Philadelphia to challenge the “ICE Out” legislative package, which limits U.S. Immigration and Customs Enforcement’s operations in the city.
The lawsuit was filed against the City of Philadelphia, Mayor Cherelle Parker, District Attorney Larry Krasner, and City Solicitor Renee Garcia. Federal officials said the city’s legislation is an “unconstitutional” attempt to regulate federal law enforcement officers by “criminally prohibiting federal officers from wearing masks, requiring individual identifiers, and prohibiting the use of unmarked vehicles in the city.”
“Today we regrettably had to sue the birthplace of this great Nation,” said Associate Attorney General Stanley Woodward. “But we will not sit by while Philadelphia flagrantly violates our Constitution, seeking to criminally punish our Nation’s law enforcement heroes merely for doing their job.”
The legislative package was passed by City Council in late April and has five key provisions:
Ending All ICE Collaboration: Prohibits the city from entering 287(g) contracts, honoring ICE detainers, or providing local assistance for federal immigration interrogations and raids.
Securing Data Privacy: Prevents the city from sharing sensitive databases, datasets, or personal information with federal agencies for immigration enforcement purposes.
Protecting Community Spaces: Requires judicial warrants for ICE to access non-public city facilities—including hospitals, libraries, and recreation centers—and bans the use of city property for ICE staging or arrests.
Stopping Discrimination: Establishes immigration and citizenship status as protected classes under the Fair Practices Ordinance to prohibit discrimination in housing, employment, and public accommodations.
Banning Deceptive Tactics: Ensures transparency by prohibiting law enforcement from wearing masks or using unmarked vehicles to obscure their identities during public interactions.
On Thursday, May 7, 2026, Mayor Parker signed six of the seven bills that make up the package but decided not to sign Bill 260060, which would ban law enforcement officers from wearing masks or using unmarked vehicles during public interactions.
Parker cited a letter from City Solicitor Renee Garcia in which she advised against signing the bill.
“As I have previously advised, the Bill presents significant legal problems, primarily concerning the authority of the City to regulate the conduct of federal officers when carrying out their duties under federal law,” Garcia wrote.
In a release, the DOJ said despite Parker’s concerns, “the Bill is set to take effect next month, absent the relief sought today by the United States.”
After the lawsuit announcement, the Pennsylvania Immigration Coalition sent out a statement calling the constitutional challenge a “political theater” and an “attack” on community safety.
“Once again, the Trump administration is using the courts to wage a political campaign against immigrant communities instead of addressing the real needs of our country. Pennsylvanians have been clear, they do not want more immigration enforcement and detention centers, they want affordable education, healthcare and housing,” said Jasmine Rivera, Executive Director of the Pennsylvania Immigration Coalition. “This lawsuit is about manufacturing a symbolic victory against cities that refuse to let the federal government dictate local governance.”
Councilmember Rue Landau, who along with Councilmember Kendra Brooks introduced the legislation, also defended the package.
“The Trump Administration is once again targeting Philadelphia because our city dared to stand up and say that masked federal agents should not be able to operate in our communities and target our vulnerable neighbors without accountability. While some hesitated, Philadelphia City Council chose action. We introduced the ICE OUT legislation because Philadelphians deserve transparency and accountability from any federal agency operating in our communities. This lawsuit is not about public safety. It is about Donald Trump demanding that cities bow down and accept federal overreach without boundaries. Philadelphia has never been that kind of city,” Landau wrote in a statement.
The City of Philadelphia declined to comment on the lawsuit, but said they are in the process of reviewing it.
The DOJ said Acting Attorney General Blanche has instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal laws or impede lawful federal operations.