This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.
This House Concurrent Resolution urges Delaware schools and school districts to adopt and implement clear policies regarding immigration enforcement and emphasizes the importance of student safety and data privacy. It also requests that the Department of Education develop model policies to assist schools and school districts in the development and maintenance of clear guidance and messaging.
Under this Act a law-enforcement officer of this State is not allowed to do any of the following: (1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law. (2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number. (3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers.
This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General.
This Act restricts State and local law-enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, institutions of higher education, places of worship, or health-care facilities except in exigent circumstances. This Act is a substitute for and differs from House Bill No. 94 and House Substitute 1 for House Bill No. 94 by simply prohibiting direct participation by law-enforcement in civil enforcement proceedings unless an exigent circumstance exists, rather than requiring the permission of the Attorney General. If law-enforcement does participate in such an activity because of an exigent circumstance, a report must be submitted to the Police Officer Standards and Training Commission and the Department of Safety and Homeland Security within 48 hours. These reports are to be aggregated in a biannual report and delivered to the General Assembly.
This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.
