Why Should Delaware Care?
A recent bill would restrict information sharing between the DMV and ICE in an effort to protect undocumented Delawareans. The legislation comes as the Trump administration recently sued New York over a similar privacy law, as it sought undocumented residents’ personal information.
Delaware lawmakers passed a bill out of committee Wednesday that would restrict the state Division of Motor Vehicles from sharing undocumented drivers’ information with federal immigration authorities.
The House Judiciary Committee advanced the bill despite doubts expressed on Wednesday by the Delaware Department of Justice.
The bill would restrict DMV officials from sharing undocumented drivers’ immigration status and other personal information with law enforcement, without the approval of Delaware’s Attorney General or a valid court order.
It’s a response to ramped up enforcement efforts from U.S. Immigration and Customs Enforcement, and subsequent worries from Democratic lawmakers that the Trump administration could demand personal information from Delawareans with driving privilege cards.
Those cards are driving credentials designed for undocumented immigrants.
During the Judiciary Committee hearing Wednesday, Kristine Iannelli, the DOJ’s legislative director, voiced concerns that the bill would spark retribution from the Trump administration, and that it could create a conflict of interest for the state Attorney General.
She argued that the conflict could arise if the Attorney General’s office was obligated to defend the DMV in federal court after they had already denied the release of a drivers’ information to federal authorities.
The bill’s sponsor, Rep. Sean Lynn, brushed off fears of retribution from the Trump administration, which has already sued and withheld federal funding from states where the president disapproves of its policies.
In February, the U.S. Department of Justice sued the state of New York over a similar 2019 driving privilege law that restricts information sharing with the federal government.
“As to the fear of retribution, I just don’t care,” Lynn said during the meeting. “Doing the right thing sometimes means that you have a target on your back.”
Separately, Lynn’s bill passed the committee two days after the IRS agreed to share taxpayer information about undocumented immigrants with the Department of Homeland Security in order to aid the Trump administration’s deportation efforts.
The acting IRS commissioner resigned over the agreement shortly after it was signed.
During Wednesday’s meeting, Republican Rep. Bryan Shupe, who voted against releasing the bill from committee, said that lawmakers must be “wary” of placing a politically appointed person in charge of determining when to release information — instead of just leaving the decision with the courts.
Under current Delaware law, the DMV can release personal driver information to any government or law enforcement agency carrying out its functions. The department can also release personal information for use in connection with any civil or criminal court proceedings.
Under House Bill 60, the DMV would not be able to disclose immigration or citizenship status, Social Security numbers and taxpayer identification numbers — or lack thereof.
Delaware privilege cards first went into effect in 2016 and are valid for four years. The bill is now awaiting consideration in the full House.
