AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.
What changed between versions
The bill now restricts state and local law-enforcement officers from directly participating with federal agencies in civil immigration enforcement activities at child-serving entities, institutions of higher education, places of worship, or health-care facilities unless an exigent circumstance exists.
The previous version's sole purpose - simplifying the definition of 'law-enforcement agency' by referencing the existing 'law-enforcement officer' definition in Title 11 - is no longer the focus of the bill, though that definition is retained as part of the broader new text.
New definitions added for 'child-serving entity' (referencing Title 31), 'exigent circumstance' (imminent risk to public safety or individual/group safety), and 'health-care facility' (with detailed subcategories including hospitals, nursing homes, physician offices, laboratories, and other licensed providers).
If law enforcement participates in civil immigration enforcement under an exigent circumstance, they must provide written notice within 48 hours to the Police Officer Standards and Training Commission and the Department of Safety and Homeland Security, including the officer's name, federal agency involved, date/time/duration, purpose, names of impacted individuals, records collected, nature of the exigency, and why the activity had to occur at that specific location.
The Department of Safety and Homeland Security must aggregate reports every 6 months and deliver them to the Governor, the Chair of the House and Senate Judiciary Committees, and the Director and Librarian of the Division of Legislative Services.
An explicit exception preserves law enforcement's ability to assist federal criminal immigration activities conducted under a valid court order, distinguishing civil from criminal proceedings.
