HB 368 DE
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.
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Summary
This bill limits actions of Delaware law enforcement agencies, including the Department of Correction, regarding immigration enforcement and cooperation. It prohibits detaining or extending detention based solely on immigration detainers or civil immigration warrants, with exceptions for those convicted of violent felonies, sex offenders, those with three or more DUI convictions, or domestic violence perpetrators. The bill prohibits other law-enforcement cooperation with civil immigration enforcement, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement authority. It clarifies that law enforcement may make limited inquiries about citizenship for consular purposes and may only initiate contact with federal immigration authorities in limited circumstances.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
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.
Sponsors (17)
- Mara Gorman Democratic · primary
- Josue O Ortega Democratic · primary
- Laura V. Sturgeon Democratic · primary
- Stell Parker Selby · primary
- Nicole Poore Democratic · primary
- Eric Morrison Democratic · primary
- David L. Wilson Republican · primary
- Cyndie Romer Democratic · primary
- Claire Snyder-Hall Democratic · primary
- Bryant L. Richardson Republican · primary
- Spiros Mantzavinos Democratic · primary
- Sean M. Lynn Democratic · primary
- Marie Pinkney Democratic · primary
- Melanie Ross Levin Democratic · primary
- David P. Sokola Democratic · primary
- Ray Seigfried Democratic · primary
- Sarah McBride · primary
Action history (7)
- May 12, 2026 was introduced and adopted in lieu of HB 368 · lower
- Jun 4, 2026 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
- Jun 16, 2026 Amendment HA 1 to HS 1 - Passed In House by Voice Vote · lower
- Jun 16, 2026 Passed By House. Votes: 23 YES 13 NO 2 NOT VOTING 3 ABSENT · lower
- Jun 16, 2026 Assigned to Judiciary Committee in Senate · upper
- Jun 24, 2026 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
- Jun 25, 2026 Passed By Senate. Votes: 15 YES 6 NO · upper
Full text
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