The Supreme Court’s Committee on Rules of Evidence has published a proposed Pa.R.E. Rule 413 that would allow evidence of immigration status to be used only if relevant to an element of an action or defense, or to a party’s or witness’s motive. “Proposed Adoption of Pa.R.E. 413,” 50 Pa.B. 5222 (9/26/2020).

The committee had previously published a proposed comment to Pa.R.E. 401 that would have included immigration status among a number of other factors, such as race, sex, religion, and national origin, that are generally irrelevant. “Proposed Amendment of the Comment to Pa.R.E. 401,” 49 Pa.B. 2218 (5/4/2019). The committee reported receiving several comments suggesting that a separate rule was needed for immigration status.