Pennsylvania GOP Warns Philly DA and Sheriff Against Threats to Prosecute ICE Agents Over Immigration Operations
Pennsylvania Republican officials have warned Philadelphia District Attorney Larry Krasner and the city sheriff against attempting to arrest or prosecute ICE agents over immigration-enforcement operations, arguing federal supremacy would block such efforts. Krasner says any charges would be brought under state law and therefore beyond a presidential pardon, while DOJ emphasized a "zero-tolerance policy for violence against law enforcement" and legal experts say local attempts to prosecute on-duty federal agents would likely be defeated in court amid frayed trust between local and federal authorities.
đź“Ś Key Facts
- Philadelphia DA Larry Krasner asserted that President Trump could not pardon ICE agents for charges brought under state law.
- Experts say Krasner’s threat to prosecute ICE agents could trigger a landmark court fight over federal versus state authority, raising constitutional and jurisdictional questions.
- Pennsylvania state Sen. Doug Mastriano invoked the Constitution’s Supremacy Clause and predicted the federal government would prevail in any court challenge to local attempts to prosecute federal agents.
- A top attorney at the Oversight Project called Philadelphia officials’ threats likely a 'bluff,' arguing attempts to arrest or prosecute federal agents for on-duty conduct would be quickly blocked in court.
- Ohio State law professor CĂ©sar CuauhtĂ©moc GarcĂa Hernández said local police retain authority to investigate violent crimes by federal agents and described trust between local and federal authorities as 'frayed.'
- The Department of Justice told reporters it has a 'zero-tolerance policy for violence against law enforcement and will hold offenders accountable to the fullest extent of the law,' signaling how it would view any local charges against ICE agents.
đź“Š Relevant Data
Philadelphia adopted sanctuary city policies starting in 2001 through memoranda issued by the mayor, aimed at protecting undocumented immigrants from ICE and building trust between immigrant communities and local law enforcement, with historical roots in the city's founding as a haven for those fleeing persecution.
Sanctuary and the City — The Metropole
Among Philadelphia's immigrant population, 37.9% originate from Asia and 34.2% from Latin America including the Caribbean, contributing to the city's population growth from 9% foreign-born in 2000 to 15.1% in 2023, with international migration driving a net gain of over 21,300 foreign-born residents between 2023 and 2024 while U.S.-born residents decreased by 15,300.
Philadelphia 2025: The State of The City — The Pew Charitable Trusts
ICE arrests of Latinos have surged under the Trump administration, with overrepresentation among Venezuelan, Paraguayan, Honduran, and Guatemalan descent groups, which have seen the fastest population growth in the U.S. over the last two decades.
LATINO ICE ARRESTS SURGE UNDER TRUMP — UCLA Luskin School of Public Affairs
States can prosecute federal officials for crimes committed while on duty if the actions violate state law and are not protected by federal immunity, though such cases are rare and often resolved in federal courts under the Supremacy Clause, with precedents showing local charges against agents for excessive force or unlawful conduct.
Explainer: Can States Prosecute Federal Officials? — State Democracy Project
Deportations in Pennsylvania increased by 80% amid Trump's immigration tactics, with ICE detaining many individuals who had been complying with rules, leading to higher detained populations crossing 300 in March 2025 for the first time since 2011.
Deportations are up 80% in Pennsylvania and Jersey amid Trump's aggressive tactics — The Inquirer
đź“° Source Timeline (2)
Follow how coverage of this story developed over time
- Philadelphia DA Larry Krasner explicitly asserted that Trump could not pardon ICE agents because any prosecutions would be brought under state law.
- Ohio State law professor CĂ©sar CuauhtĂ©moc GarcĂa Hernández outlined how local police retain authority to investigate violent crimes by federal agents and described trust between local and federal authorities as 'frayed.'
- DOJ stated to Fox News that it has a 'zero-tolerance policy for violence against law enforcement and will hold offenders accountable to the fullest extent of the law,' signaling how it would view any local charges against ICE.
- Pennsylvania state Sen. Doug Mastriano invoked the Constitution’s Supremacy Clause and predicted that the federal government would win any court fight over local attempts to prosecute ICE for actions in the line of duty.
- A top attorney at the Oversight Project suggested Philadelphia officials are likely 'bluffing,' arguing that any attempt to arrest federal agents for on-duty conduct would be quickly slapped down in court.