Sen. Hofner and supporters press committee to limit local role in civil immigration enforcement at schools, health care and worship sites

Sen. Hofner (presenting) told the Senate Corrections and Public Safety Committee that House Substitute 2 for House Bill 94 would ‘‘limit state and local participation in civil immigration enforcement at a few sensitive locations’’ and protect schools, child‑serving entities, colleges and universities, places of worship and health care facilities from routine local involvement in civil immigration actions. He said the substitute narrows prior drafts, preserves the ability of officers to respond to criminal warrants or ‘‘extenuating circumstances,’’ and adds transparency via written reporting when the emergency exception is used.

Supporters said the change would protect community trust and access to services. ‘‘We fully support HS2 for HB 94 and urge you to release it from committee today,’’ Helen Salida, Immigrants Rights Campaign Manager at the ACLU of Delaware, told the committee, arguing that enforcement at hospitals, day care centers and schools discourages families from seeking medical care and sending their children to school. Multiple residents and advocates who testified described fear in immigrant communities after federal enforcement actions and urged the committee to act.

The substitute keeps an emergency carve‑out. Sen. Hofner and members noted the bill does not prevent local or state officers from assisting in federal criminal immigration enforcement under a valid court order, and that an exigent‑circumstances exception remains for imminent public‑safety threats. Hofner said earlier versions required case‑by‑case attorney‑general approval but the current substitute ‘‘is narrower and clearer’’ and would require written reporting within 48 hours and twice‑yearly reports so the governor, legislative judiciary committees and the public can review how often and why exceptions are used.

Testimony during the committee’s public‑comment period came from a range of advocates and residents. Garth Stebelo of Invisible Central Delaware said local police should ‘‘be doing policing for Delaware rather than doing ICE’s job for them.’’ Newark resident Mike Ostroski said residents need confidence that local police will verify warrants and protect families. Charito Calvaci Matejko and Rev. Dr. Lyle Dykstra urged passage on moral and community‑trust grounds. Cheryl Siskin recounted being asked about citizenship while at a ChristianaCare emergency room and said health care settings should not condition care on immigration status.

Clerk’s announcements noted two written comments on file, from Nancy Hannigan (Wilmington) and Beth Kluck (identified as immigration lead for Indivisible Highlands and Beyond). Committee members asked to be added to the bill as sponsors during the discussion. The transcript records no committee vote or final action on HS2 for HB 94; after public comment the committee proceeded to consider a separate bill.

The committee’s next formal step on the measure was not recorded in the transcript. Members may move the bill for release from committee or schedule further consideration at a later meeting.