Why Should Delaware Care?
The Delaware General Assembly considered an array of bills related to immigration and federal enforcement during this past legislative session — more than any similar bills considered in recent years. Four of these bills passed, while nine others did not.
The Delaware General Assembly passed four bills on Monday aimed at federal immigration enforcement activity, led by legislation that would mandate that local police reject immigration agents’ recent requests for partnerships.
Three of the bills that passed focus on regulating who can make immigration arrests in Delaware, including legislation to crack down on the impersonation of federal agents. That bill comes just days after a reported robbery where the thieves impersonated U.S. Immigration and Customs Enforcement officers.
The bills that passed account for only a fraction of the dozen pieces of immigration-related legislation that were debated during this year’s legislative session though. Those 12 bills largely came in response to a rapidly changing immigration landscape that’s been punctuated by a nationwide enforcement crackdown, including in Delaware.
In Delaware, there’s been a 165% increase in administrative ICE arrests of undocumented immigrants since President Donald Trump took office on Jan. 20, compared to 2024, according to a data analysis by the New York Times.
There has been an average of 1.6 arrests daily in Delaware since Trump took office, according to the data.
In all, lawmakers passed the four bills, all sponsored by Rep. Mara Gorman (D-Newark), on the final day of the Legislative Session. They now await a signature from Gov. Matt Meyer to become law.
“When police officers are seen as extensions of immigration enforcement, trust breaks down, especially in our immigrant communities” said State Sen. Elizabeth “Tizzy” Lockman (D-Wilmington), one of the sponsors of the bill, during a Senate hearing Monday.
Approved
House Bill 182
House Bill 182 would bar law enforcement agencies from entering into agreements with federal immigration authorities, prohibiting local police from enforcing immigration violations or sharing immigration enforcement-related data with ICE.
The partnership bill navigated its way through the General Assembly as Spotlight Delaware revealed that ICE solicited at least six local police departments to partner in enforcing federal immigration law.
Camden police formally partnered, quickly withdrew and ultimately decided to “pause” their agreement with ICE out of fear of the bill becoming law, according to emails obtained by Spotlight Delaware through an open records request.
Gorman introduced the bill about two weeks after Camden police withdrew from their formal partnership with ICE under their 287(g) program.
Any law enforcement agency with an ICE agreement already in place would have 30 days after the bill is signed into law to terminate the partnership.
House Bill 142
House Bill 142 would eliminate the power of a private person to arrest someone — who is accused of a felony in another state — without a warrant.
The legislation is aimed at doing away with citizen’s arrests during a time of increased uncertainty around immigration enforcement, with ICE agents wearing masks and plain clothes during arrests regularly.
There has been a documented rise in the number of people impersonating federal agents as enforcement cracks down nationwide, according to reporting from The Guardian.
The bill also discards a provision that allows a peace officer to command assistance in making arrests based on charges in another state.
House Bill 152
Along the same lines, House Bill 152 would crack down on the consequences for impersonating a federal officer, police officer, firefighter, emergency medical technician, paramedic, or fire officer.
On Saturday, two days before the bill passed the General Assembly, two masked men wearing vests labeled, “ICE” allegedly robbed a man at gunpoint in Milton, according to Delaware State Police.
The two men pulled the man over after flashing red and white lights behind his car before they allegedly forced him out while pointing a gun and knife at him, police say.
The two suspects then took the man’s wallet, punched him in the face and fled.
In Philadelphia, police arrested a Temple University student in connection with the alleged impersonation of ICE officers on campus in February. Three people — including two who wore shirts with the words “police” and “ICE” in white lettering — tried to enter a university residence hall but were denied access, according to the university.
House Bill 153
House Bill 153 would bar any person, who does not have explicit statutory authority, to make an arrest or detention in Delaware. The bill would repeal the power of private detectives to arrest or detain people in Delaware.
It would reinforce the arresting powers of peace officers, federal law enforcement agents and out-of-state police in some circumstances.
An amendment to the bill allows a private citizen to assist in an arrest if the peace officer conducting the arrest asks for their help.
Tabled
Nine other immigration-related bills did not pass the General Assembly before the end of session. However, these bills can still be worked on and debated during the next legislative session.
House Bill 96
House Bill 96 would require the Delaware Department of Justice to submit quarterly reports to the governor and General Assembly about any requests for information or assistance from any federal agency regarding Delaware’s undocumented residents.
House Bill 60
House Bill 60 would limit the circumstances when personal information about driving privilege cardholders or applicants, who are typically undocumented residents, can be released. The Delaware Attorney General would need to give specific approval or the request for information would need to be in a valid court order.
House Bill 58
House Bill 58 would restrict Delaware law enforcement from arresting, stopping or questioning people based on suspected immigration status.
House Bill 94
House Bill 94 would restrict law enforcement from cooperating with federal agencies conducting immigration enforcement activities at schools or churches without permission from the attorney general.
House Bill 95
House Bill 95 would bar the Delaware Department of Education, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the Delaware Attorney General.
House Bill 150
House Bill 150 would prohibit civil arrests from being made in courthouses without a judicial warrant.
House Bill 151
House Bill 151 would prohibit the operation of private detention facilities in the state of Delaware.
House Bill 44
House Bill 44 would require Delaware to have a migrant education program to ensure that migrant children’s educational needs are met.
House Bill 302
House Bill 302 would require that all State government websites are accessible in any language spoken by at least 0.5% of the overall population of Delaware.