Lawmakers warn Philly officials against prosecuting ICE agents: 'That's not how America works'
EXCLUSIVE: Pennsylvania lawmakers warned Philadelphia Sheriff Rochelle Bilal and District Attorney Larry Krasner they're playing with statutory fire if they're thinking of prosecuting ICE officers – and that Harrisburg won't put up with it.
Last week, Krasner warned that "any ICE agent [that] is going to come to Philly to commit crimes" should "get the ‘eff’ out of here," saying he would charge, arrest and prosecute such agents. He argued that President Donald Trump could not step in with a pardon because any cases would be brought at the state level.
Bilal called ICE a "fake" agency and warned, "You don’t want this smoke, ’cause we will bring it to you," after an ICE agent shot and killed a Minneapolis woman, Renee Nicole Good, during a federal immigration operation in the city.
The top lawmaker on the state Senate committee that oversees interactions between local, state and federal governments told Fox News Digital that Krasner and Bilal "cannot interfere" with federal immigration actions – and that his panel would "engage" if push came to shove.
DEMOCRATS SPLINTER ON TRUMP’S IMMIGRATION CRACKDOWN AS GOP UNITES
"The statements by the Philadelphia district attorney and sheriff are simply empty threats," said state Sen. Jarrett Coleman, R-Allentown. "The district attorney and sheriff know they can’t interfere, and they won’t interfere with federal law enforcement."
"If they do obstruct federal law enforcement efforts, the Pennsylvania Senate will be the least of their worries," he said on Tuesday.
Coleman added that if Krasner's office instead prosecuted real crime more regularly, "Philadelphia wouldn’t be such a s--- hole."
State Sen. Doug Mastriano, R-Gettysburg, who previously chaired Coleman's committee and was the Republicans’ 2022 gubernatorial nominee, said Krasner and Bilal do have some ability to intercede on the margins if conflict crops up with the feds – but that the Constitution prevents truly consequential action.
Both local officials can legally warn federal agents not to break local laws, prosecute state crimes that occur within Philadelphia and can also refuse to expend local resources to assist the Department of Homeland Security, he said.
But, Mastriano suggested the supposed crimes the city officials were referring to were not the state crimes they were billed as.
Philadelphia officials cannot order the arrest of ICE agents for doing their federal jobs or stop "lawful federal immigration enforcement by-decree," and the supremacy clause of the Constitution prevents them from overriding federal jurisdiction or qualified immunity, said Mastriano, a former military strategic studies professor at the U.S. Army War College in Carlisle.
He added that the "Constitution is not optional" and if Philadelphia officials think they can "bully" Washington, they will find out "that’s not how America works" – while calling Philadelphia's tactics an "outrageous and dangerous escalation of rhetoric."
Coleman noted his committee is statutorily empowered to issue subpoenas, hold hearings and request documents relating to oversight of intergovernmental relationships. It can also investigate public officials over misuse-of-authority concerns.
House Minority Leader Jesse Topper, R-McConnellsburg, added that Philadelphia officials’ comments are "not just hypocritical [but] outright laughable."
"Instead of focusing on scoring political points and further dividing our nation, those seeking to obstruct federal law enforcement should instead focus their time and resources on keeping their communities secure," Topper said.
In response to the warning from Harrisburg, Bilal’s office told Fox News Digital that "any individual can be arrested for violating state law in the City of Philadelphia."
"Senator Mastriano and Senator Coleman do not decide who gets arrested in Philadelphia," Bilal’s office said, referring further questions about the arrest of ICE agents to Krasner.
Fox News Digital reached out to Krasner’s office, as well as the Pennsylvania State Police, for their view on the legality of what Krasner was suggesting, as well as Gov. Josh Shapiro.
Krasner and Bilal’s general concerns have had support in some corners of the state legislature:
State Sen. Sharif Street, a West Philadelphia Democrat who is also the state party's chairman, said he has faith in Krasner's efforts and "worked hard" to elect him.
"No one is above the law, and I am fully confident that DA Krasner will fairly uphold the law for anyone in the city of Philadelphia – and anyone who doesn't believe it will found out," said Street, who is the son of popular former Mayor John Street.
State Sen. Amanda Cappelletti, D-Plymouth Meeting, introduced legislation in November that would prohibit law enforcement officers from obscuring their identities, and called ICE a "symbol of government overreach."
State lawmakers previously attempted to impeach Krasner for willful neglect of duty and misconduct in office for allegedly failing to enforce existing laws amid his city’s crime wave.
Under then-House Speaker Bryan Cutler, R-Peach Bottom, the effort ultimately failed when Krasner sued to block the proceedings after Cutler’s chamber voted to impeach and move to the Senate for a hearing.
The Democrat-majority Pennsylvania Supreme Court ruled the articles of impeachment "constitutionally deficient" and shut down the proceedings.