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DelawareHB 368153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.

Sponsored By: Mara Gorman (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Delaware limits immigration holds in custody

Delaware police generally cannot hold someone solely because of a civil immigration detainer or warrant, or otherwise honor those documents. Detainers request release notices or continued custody; civil immigration warrants are non-judicial documents, not criminal warrants. Once someone qualifies for release, continued detention requires a violent-felony or equivalent conviction, registered sex-offender status, at least 3 DUI or equivalent convictions, or status as a perpetrator of domestic violence. Even then, detention cannot violate federal, state, or local law or local policy.

Delaware limits police immigration status checks

Delaware police cannot stop, arrest, search, or hold someone solely because of actual or suspected citizenship or immigration status. They generally cannot ask about immigration status. An inquiry must be necessary and relevant to an ongoing investigation of an indictable criminal offense by that person. The law separately bars investigating citizenship, immigration status, or birthplace when someone is stopped, detained, or in custody. It preserves identity checks during arrests or investigative stops, birthplace and citizenship data collection for fingerprinting databases, and intake-form corrections.

Delaware police limit immigration enforcement help

Delaware police generally cannot join civil immigration operations, give agents access to detainees, or transfer people to immigration custody. They also cannot provide facilities, property, equipment, or databases for that enforcement, or share private release dates, contact details, or locations to help agents apprehend or question someone. An agent interview requires signed consent explaining its purpose, that it is voluntary, and the choices to decline or have a lawyer present. Exceptions apply for a federal criminal warrant, action required by federal law, or lawful post-release detention involving a violent-felony or equivalent conviction, registered sex-offender status, at least 3 DUI or equivalent convictions, or domestic-violence perpetrator status. Police still enforce criminal laws, follow judicial warrants, join operations unrelated to civil immigration enforcement, and share public information.

Delaware strengthens oversight of immigration limits

The Delaware Attorney General can investigate violations using complaints or information gathered independently. Investigations can include written statements, records, subpoenas, sworn testimony, and hearings. The Attorney General can seek court orders compelling cooperation, declaring violations, or stopping unlawful conduct, alongside other available remedies. Beginning January 1 following enactment, each police agency must report annually how many immigration-assistance requests, civil detainers, and civil warrants it honored. Reports must leave out personally identifying information.

Sponsors & Cosponsors

Sponsor

  • Mara Gorman

    Democratic • House

Cosponsors

  • Alonna Berry

    Democratic • House

  • Krista Griffith

    Democratic • House

  • Eric Morrison

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 368 - Signed by Governor

    9/3/2026Governor

  2. HS 1 for HB 368 - Passed By Senate. Votes: 15 YES 6 NO

    6/25/2026Senate

  3. HS 1 for HB 368 - Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

    6/24/2026Senate

  4. HS 1 for HB 368 - Assigned to Judiciary Committee in Senate

    6/16/2026Senate

  5. HS 1 for HB 368 - Passed By House. Votes: 23 YES 13 NO 2 NOT VOTING 3 ABSENT

    6/16/2026House

  6. HS 1 for HB 368 - - Passed In House by Voice Vote

    6/16/2026House

  7. Substituted in House by HS 1 for HB 368

    6/4/2026House

  8. Substituted in House by HS 1 for HB 368

    5/12/2026House

  9. Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits

    5/6/2026House

  10. Introduced and Assigned to Judiciary Committee in House

    4/16/2026House

Bill Text

  • Current

    4/16/2026

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