AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.
What changed between versions
The document changed from a narrow House Amendment (a single-word change) to a full House Substitute Bill that rewrites the entire chapter on immigration enforcement and cooperation in Title 11 of the Delaware Code.
Sponsorship expanded from a single sponsor (Rep. Gorman) to include Rep. Ortega, Sen. Sturgeon as co-sponsors, plus 15 additional House and Senate cosponsors.
The proposed change lowering the DUI conviction threshold from '3 or more' to '2 or more' for detainer exceptions was rejected; the substitute retains the original 3-or-more threshold.
New definitions section (Section 8401B) defining 'civil immigration warrant' (including specific federal forms and NCIC database entries), 'immigration detainer' (including Form I-247A), 'law-enforcement agency' (listing specific Delaware agencies), and 'law-enforcement officer.'
New section (8404B) broadly prohibits law enforcement from stopping, arresting, searching, or detaining anyone solely based on actual or suspected citizenship or immigration status, and restricts inquiring about immigration status except when necessary for an ongoing indictable offense investigation.
New section (8404B) prohibits law enforcement from participating in immigration enforcement operations, giving immigration agents access to detainees, transferring persons into immigration custody, providing non-public information to immigration agents, or initiating contact with federal immigration authorities for civil enforcement purposes, unless a valid judicial warrant exists or specific exceptions apply.
New section (8405B) clarifies what law enforcement may still do: enforce criminal laws, comply with court orders, participate in task forces unrelated to immigration, request ID during arrest, collect fingerprinting data including birthplace and citizenship, use intake forms for facility classification, and share publicly available information.
New section (8406B) requires law-enforcement agencies to submit annual reports to the Attorney General detailing the number of immigration enforcement requests complied with and detainers honored, without including personally identifying information.
New section (8407B) grants the Attorney General authority to investigate violations, compel compliance with subpoenas through court action, and seek declaratory, injunctive, or other equitable relief against agencies or officers who violate the chapter.