Philly officials take a stand against President Donald Trump’s anti-immigration efforts

When Immigration and Customs Enforcement officials showed up at Boricua Restaurant #2 in Port Richmond this week, staff refused their request to see the kitchen. All of their paperwork was in order and the agents didn’t have a warrant, the owner of the Puerto Rican restaurant said.

“Unfortunately, with the situation with ICE going on, you have to truly know how to defend yourself verbally in calm situations,” Hector Serrano said in an Instagram post about the incident. “They’ll come in and they’ll try to use their badge or their uniforms to attack you.”

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It was at least the second incident involving ICE agents this week — seven undocumented migrants were detained at a car wash in Juniata Park on Tuesday. Following these events, City Council members, state politicians and immigration experts took part in a news conference Friday to provide an update on the city’s efforts and residents’ rights in the wake of President Donald Trump’s anti-immigration efforts during his first weeks in office. 

Trump has promised mass deportations and said he would target sanctuary cities, which include Philadelphia. He has also issued a series of executive orders, including one to end birthright citizenship.

Public officials said ICE officers enforce civil law, not criminal, meaning they need a warrant before they enter any building — although it turns into a legal gray area if a home or business owner grants them entrance. On the street, they can only detain people if they’ve identified that they have an outstanding removal or deportation order.

“At a basic level, in order to do whatever it is that they want to do, an investigation or apprehension, they do generally need specific warrants for specific individuals,” said Rep. Joseph Hohenstein (D), a former immigration rights lawyer who represents the 177th District, which includes a section of Philadelphia.

Officials on Friday also said hospitals, schools and social service agencies will not report undocumented immigrants. Earlier this week, the Philadelphia School District issued protocols which said employees, volunteers and contractors can’t ask about or share information on students and their families, and that ICE agents will be required to show documentation and go through the Office of General Counsel if they arrive on the premises. 

District Attorney Larry Krasner (D) said the anti-commandeering doctrine, which limits the federal government from forcing states to comply with federal law, means that local law enforcement does not have to aid ICE officials in “Nazi stuff.” 

“Local law enforcement can volunteer to do Nazi stuff, I’m sure I stand with all my colleagues up here when I say ‘Nope. N-O-P-E. No,’” Krasner said. “Maybe there are some local law enforcement officials who want to put on jackboots and gray uniforms and march behind this, but not us. That’s where we are.” 

He added that local law enforcement can’t interfere with legal actions by ICE but said agents can be prosecuted locally for any illegal activity that takes place. 

Hohenstein said he’s seen many cases of mistaken identities and people that are in the United States legally accidentally swept up in raids and deported. 

“When I was in practice, there were several times I had people unlawfully removed from the county and I was able to bring them back, but not before there was severe harm,” he said. 

He also warned that another potential implication of these efforts is an “erosion” of confidence in law enforcement, resulting in fewer people reporting crimes out of fear of persecution. 

State Sens. Sharif Street, Vincent Hughes and Nikil Saval, State Rep. Danilo Burgos and Councilmembers Rue Landau, Nina Ahmad, Nic O’Rourke and Jamie Gauthier all spoke at Friday’s event. On Thursday, City Council voted 16-1 in favor of a resolution condemning Trump for his Cabinet selection, which the legislation said undermined American democracy. Brian O’Neill, the council’s lone Republican, voted against the measure. 

Noticeably absent from the news conference was Mayor Cherelle Parker, who has not taken a strong stance on immigration and Philadelphia’s efforts to remain a sanctuary city since Trump was elected in November. 

Jasmine Rivera, executive director of the Pennsylvania Immigration Coalition, also spoke at the event and said a strike was planned on Feb. 9 during the Super Bowl. The coalition did not immediately respond to a request for comment. 

“That means immigrant businesses are closed,” she said during Friday’s event. “That means immigrant workers stay home and immigrant customers stay home, too.”