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DelawareHS 1 for HB 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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Delaware limits police involvement in immigration

Delaware police generally cannot hold someone solely because of an immigration detainer or a nonjudicial civil immigration warrant. After someone qualifies for release, such detention must violate no federal, state, or local law or local policy. It also requires a violent-felony conviction, sex-offender registration, at least 3 convictions for specified impaired-driving offenses, or domestic-violence perpetrator status. Police cannot stop, arrest, search, or detain someone solely because of actual or suspected citizenship or immigration status. The law limits immigration inquiries, civil enforcement support, access to detainees, transfers, private information sharing, and police-initiated immigration enforcement contact. Cooperation exceptions cover valid court warrants or orders, actions federal law requires, and the listed detention conditions. Status investigations must be necessary and relevant to an ongoing investigation of an indictable offense by that person; limited consular inquiries remain allowed. Immigration interviews require informed written consent explaining their purpose, that participation is voluntary, and the rights to decline and have counsel present. The law preserves criminal policing, lawful identity checks, fingerprinting information, correctional intake information, unrelated federal task forces, and sharing public information.

State oversight enforces immigration policing protections

Beginning January 1 following enactment, police agencies must report annually to Delaware's Attorney General without identifying individuals. Reports must count federal immigration assistance requests they complied with and detainers or civil warrants honored, with reasons for compliance. The Attorney General can investigate violations, demand statements and records, question witnesses under oath, issue subpoenas, and hold hearings. Any person can file a complaint, and the Attorney General can also act on information obtained independently. The Attorney General can seek court orders enforcing investigative requests or stopping violations, along with other available remedies.

Sponsors & Cosponsors

Sponsor

  • Mara Gorman

    Democratic • House

Cosponsors

  • Alonna Berry

    Democratic • House

  • Frank Burns

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Krista Griffith

    Democratic • House

  • Larry Lambert

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Sean M. Lynn

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Josue O Ortega

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • Melanie Ross Levin

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 38 • No: 19

Senate vote • 6/25/2026

Passed (SM required)

Yes: 15 • No: 6

House vote • 6/16/2026

Passed (SM required)

Yes: 23 • No: 13

Actions Timeline

  1. Signed by Governor

    9/3/2026Governor

  2. Passed By Senate. Votes: 15 YES 6 NO

    6/25/2026Senate

  3. Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

    6/24/2026Senate

  4. Assigned to Judiciary Committee in Senate

    6/16/2026Senate

  5. Passed By House. Votes: 23 YES 13 NO 2 NOT VOTING 3 ABSENT

    6/16/2026House

  6. Amendment HA 1 to HS 1 - Passed In House by Voice Vote

    6/16/2026House

  7. Amendment HA 1 to HS 1 - Introduced and Placed With Bill

    6/4/2026House

  8. was introduced and adopted in lieu of HB 368

    5/12/2026House

Bill Text

  • Current

    5/12/2026

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