Pennsylvania State Immigration Laws

The federal government dictates most aspects of immigration law. But each state has the freedom to determine certain aspects of its law, including immigration policies and rules.

This article outlines immigration rules in Pennsylvania. Learn how the state’s policies impact noncitizens’ ability to access public benefits, higher education, and other services. You’ll also learn how state law enforcement agencies interact with federal agencies.

Immigration rules continue to evolve. Anyone facing an immigration issue in Pennsylvania should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Pennsylvania

The federal government is the primary enforcer of U.S. immigration laws. But state and local agencies can assist with enforcing these laws. The level of cooperation between state and federal agencies varies by state and municipality.

Federal agencies that oversee and enforce immigration laws are:

• The Department of Homeland Security (DHS) 
• The Federal Bureau of Investigation (FBI)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Citizenship and Immigration Services (USCIS)

A Trump-era “Secure Communities” program once required that all arrestees be fingerprinted and that their names be run through a federal database. This database checked their criminal record and immigration status. President Trump renewed the program by executive order in 2017. But President Biden revoked that executive order in 2021. The program is no longer in effect.

The new program is the “Criminal Apprehension Program.” Only the names of those who have been arrested and deemed to pose a threat to public safety are run through a database that checks immigration status.

Employment Checks

Refer to federal employment eligibility verification rules and the rules for Form I-9.

The city of Hazelton denies permits to businesses that knowingly hire undocumented immigrants.

Pennsylvania E-Verify Requirements

E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S. Private employers are not required to use the system to check employees’ or applicants’ immigration status. 

Driver’s License and ID Requirements

You’ll need a Social Security card and proof of Pennsylvania residency to get a driver’s license or state identification card.

Public Benefits Restrictions

Under federal law, illegal immigrants can’t get most public benefits. But they can get emergency services. They can also get emergency health care and other programs “necessary to protect life and safety.”

Education Checks and In-State Tuition

Pennsylvania has no state-wide policy about whether undocumented immigrants may pay in-state tuition. But Penn State University allows undocumented immigrants to pay in-state tuition, including Deferred Action for Childhood Arrivals (DACA) recipients. Permanent residents must only pay in-state tuition.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voter ID Rules

Throughout the country, voting rights are a major topic. There is no state-mandated voter identification rule in Pennsylvania. But if you are voting for the first time in your election district, you will have to show ID.

Housing Ordinances and Immigration

Pennsylvania property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Immigration Issue in Pennsylvania? Get Legal Help

Dealing with immigration on your own can be difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. An attorney can explain the laws and how they might apply to your situation.

An experienced lawyer can help you navigate any immigration process, including:

• Applying for a green card or lawful permanent residency status
• Facing a deportation or removal
• Advocating for a loved one who has been detained
• Pursuing U.S. citizenship through naturalization
• Navigating dealings with U.S. Citizenship and Immigration Services (USCIS)
• Representing you in an immigration court

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in West Pennsylvania. Enter your city or ZIP code—whether you’re in Scranton, Philadelphia, or elsewhere in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

What If I Can’t Afford an Attorney?

If you cannot afford an attorney, reach out to the Pennsylvania Immigration and Citizenship Coalition. This organization provides legal referrals for non-profit legal providers. HIAS Pennsylvania also provides legal and social services to low-income immigrants.

Also consider the Pennsylvania Immigration Resource Center (PIRC). The PIRC is a non-profit organization offering various services to migrants in the state, including those here on a non-immigrant visa and victims of domestic violence. It also offers legal services, with attorneys on staff, and assists with refugee resettlement.