Delaware bill would limit local role in civil immigration detainers while preserving public‑safety exceptions

Sen. Sturgeon introduced House Substitute 1 for House Bill 368 to set clear rules for when Delaware law enforcement and the Department of Correction may cooperate with federal civil immigration enforcement, distinguishing civil immigration warrants and detainers from judicial warrants and preserving narrow public‑safety exceptions for serious offenders.

Paul Chavik, chief of staff for the Delaware Department of Correction, told the Senate Judiciary Committee the department expects no operational or fiscal impact from the legislation and emphasized the bill restricts ICE enforcement actions inside controlled facilities but does not stop enforcement that occurs in the community. Chavik also said the Department had zero individuals in custody who were being held solely on civil detainers.

Adriana Viverososa, a community health worker and DACA recipient, urged support during public comment, saying fear of immigration consequences deters families from seeking services and reporting crimes and that HB 368 would help preserve community trust in local institutions.

The bill allows limited cooperation in investigations of serious violent felonies where federal civil‑immigration orders return five or fewer results and includes implementation safeguards. Committee members asked no procedural questions in the hearing; the committee moved to public comment after the presentations. No committee vote was recorded at the meeting.

The committee will consider next steps in a subsequent session.