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House passes bill narrowing circumstances for state cooperation with federal immigration requests
Summary
The House approved an amended substitute that defines when Delaware law enforcement and correctional agencies may respond to ICE detainers and civil immigration warrants, preserving exceptions for serious offenders and judicial processes.
House Substitute 1 for House Bill 3 68 passed the House on June 16 after debate about scope and civil liberties. Sponsor Representative Gorman said the bill "establishes clear guidelines for when Delaware law enforcement agencies and the Department of Correction may participate in federal civil immigration enforcement by addressing civil immigration warrants and immigration detainers." The sponsor emphasized the legislation preserves defined public-safety exceptions for violent felonies, repeat DUI offenders, registered offenders, domestic-violence convictions and valid judicial processes.
Opponents raised privacy and constitutional concerns; Representative Mike Smith questioned whether certain reporting requirements could conflict with law enforcement officers' rights or Fourth Amendment protections. Representative Gorman said she worked with the Department of Justice and the bill had been reviewed with those concerns in mind.
Why it matters: The statute clarifies state policy on cooperation with federal immigration authorities, balancing public-safety exceptions and limits on routine cooperation. Backers said the change codifies a narrowly tailored approach; critics warned about potential community trust effects and legal risks.
The House adopted a prefiled amendment and approved the substitute by roll call.
