Pa. Senate passes bills to alert ICE of crimes, restrict bail options for some defendants

This story originally appeared on WESA.

The Pennsylvania Senate on Monday passed two Republican-backed bills focused on crime — one that would reduce the amount of discretion local judges have on bail decisions, and another that requires prosecutors to cooperate with federal immigration authorities.

The measures now move to the Democratic-controlled House, where they can expect tough sledding — though they received support from some Senate Democrats, including Nick Pisciottano from the Monongahela Valley.

Bridgeville Republican Devlin Robinson’s bill would limit bail options for people who have a history of violent crime, have injured or fled from authorities, or who are found to possess 10 grams or more of fentanyl. During floor remarks Monday, Robinson cited controversial Lawrenceville magisterial district judge Xander Orenstein, who has been called upon by some to resign for ordering the release of defendants who were charged with drug offenses or assault — and who allegedly went on to commit other crimes.

“The president judge of Allegheny County even removed Orenstein from hearing arraignments… Dangerous criminals were released on a non-monetary condition despite their violent history of crime,” Robinson told his colleagues. Orenstein’s decisions posed “a high-level threat to our constituents, and it’s a shame that our current law doesn’t provide better safeguards for these extreme circumstances.”

In October, a suspect previously released by Orenstein was accused of killing an off-duty state police liquor enforcement agent on the Montour Trail, part of Robinson’s senatorial district. Orenstein’s critics argued the defendant should not have received a lenient, non-cash bail. A state judicial conduct investigation earlier this month found Orenstein had committed no misconduct.

“We’ve just been seeing that too many judges have been kind of legislating from the bench,” Robinson told WESA Friday. He also described two other suspects released by Orenstein without monetary-bail who had prior drug or assault charges and later eluded authorities.

Most Democrats were unswayed. Though she said she had “an immense amount of empathy” for the examples Robinson shared, Sen. Amanda Cappelletti said in her own floor speech that the bill was “unconstitutional.”

“Our state constitution gives the Pennsylvania Supreme Court the sole authority to establish court rules for bail, not the legislature,” said Cappelletti (D-Montgomery).

But Robinson’s bill passed the Senate 32-17, with bipartisan support from five Democrats including Pisciottano, Marty Flynn of Lackawanna, Judy Schwank of Berks, and Lisa Boscola and Nick Miller, both of Lehigh. Fellow Allegheny County Democrats Jay Costa, Wayne Fontana and Lindsay Williams all opposed the measure.

And a measure requiring the state to notify federal Immigration and Customs Enforcement if undocumented immigrants violate state law passed with similar margins, 31-18. Introduced by state Sen. Dan Laughlin (R-Erie), the measure again found support from Pisciottano and a handful of other Democrats, though it was opposed by other members of the party from western Pennsylvania.

Pisciottano did not immediately respond to a request for comment. The office of Costa, who leads Senate Democrats, declined comment.

“This is not about targeting migrants as a whole,” Laughlin told Senate colleagues before the vote on his bill. “Pennsylvania has a long and proud history of welcoming migrants who come here legally, contribute to our society, and abide by our laws.”

He argued the bill only affects immigrants in the country without documentation who “ choose to disregard the laws and endanger the safety and well-being of our citizens.”

Before urging a ‘no’ vote, Democrat Art Haywood of Philadelphia argued working with or opposing ICE should not “entangle” local district attorneys. He argued opposing the bill would shield DAs from litigation by leaving such actions to their discretion.

“We’ve had a number of judges block efforts for detention, block efforts for deportation,” he said. “ICE has a role, and it should do its role.”

A similar bill passed the Senate last session but attracted the ire of the state ACLU and died in the House. And with the House still in Democratic control after a special election last week, the future of Robinson’s and Laughlin’s bills have an uncertain fate for future discussion.