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House adopts resolution affirming student safety and immigration-related privacy
Summary
The Delaware House passed House Concurrent Resolution 20 on March 20, 2025, affirming student safety and asking schools to follow Department of Education guidance on immigration-related privacy; supporters said it provides clarity for staff, while opponents warned schools could be put in a difficult legal position.
The Delaware House of Representatives on March 20, 2025, passed House Concurrent Resolution 20, a nonbinding measure that affirms students’ right to safety and privacy in schools with respect to immigration matters and urges districts to follow the Department of Education’s guidance.
Representative Gorman, who sponsored the resolution, said the measure began as proposed legislation but was converted to a resolution after consultation with the Department of Justice because it was not enforceable as law. “We determined that it actually was not forcible as legislation and so we introduced it as a resolution,” Gorman said, and described the measure as affirming “the right of Delaware students to their safety and privacy in their schools, when it comes to immigration matters.”
The resolution asks each school and district to establish protections consistent with the Department of Education’s existing guidance, Gorman added. Representative Ortega described the measure as personal: “This resolution is very, very, very personal to me. Third District is one of the most diverse districts… my wife is a teacher at Lewis Elementary, which is a dual language school,” Ortega said, describing students who are fearful about going home because of their parents’ immigration status.
Not all members supported the resolution. Whip Spiegelman said he feared the language could put school districts “at the tip of the spear” in disputes with federal immigration authorities and that many districts lack the capacity to litigate against federal law enforcement. Spiegelman asked that the state avoid directing schools into litigation. Supporters, including representatives who cited outreach from educators’ groups, said clarity would help school staff know how to respond during immigration enforcement incidents; Spiegelman acknowledged that some educators and unions had asked for clarity to keep staff and students safer.
The House considered the measure by voice vote. The ayes were recorded and House Concurrent Resolution 20 passed the House.
The resolution is nonbinding; it does not change state law or create new enforcement authority. The measure directs attention to Department of Education guidance and asks districts to adopt policies consistent with that guidance.
The House adopted the resolution by voice vote on March 20, 2025. No roll-call tally was recorded in the reading for this resolution.
