Prohibited Police Practices

Del. Code tit. 11, ch. 84B
in effect

Del. Code tit. 11, § 8401B Definitions.

As used in this chapter: (1) “Child-serving entity” means as defined in § 309 of Title 31. (2) a. “Civil immigration warrant” means any document that is not approved or ordered by a judge that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose. b. Civil immigration warrant” includes Form I-200 “Warrant for the Arrest of Alien,” Form I-203 “Order to Detain or Release Alien,” Form I-205 “Warrant of Removal/Deportation,” Form I-286 “Notice of Custody Determination,” any predecessor or successor form, and all warrants, hits, or requests contained in the “Immigration Violator File” of the FBI's National Crime Information Center (NCIC) database. (3) “Exigent circumstance” means a reasonable likelihood that there is an imminent risk to public safety or the safety of an individual or group. (4) “Health-care facility” means an institution, office, facility, or agency that provides health care in the ordinary course of business, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. “Health-care facility” includes: a. Hospitals and licensed medical facilities. b. Continual care communities and any other nontraditional, long-term care facilities identified by the Department of Health and Social Services or the Delaware Health Care Commission. c. Any custodial or residential facility where health, nutritional, or personal care is provided for individuals, including nursing homes, home health-care facilities, and adult day-care facilities. d. Any physician’s office, whether an individual or group practice. e. Any independent clinical laboratory or any radiology laboratory. f. The office of any other licensed health-care provider, including a physical therapist, dentist, physician associate, podiatrist, chiropractor, independently practicing nurse or nurse practitioner, optometrist, pharmacist, or psychologist. (5) a. “Immigration detainer” means a request to a State or local law-enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued under 8 U.S.C. § 1226 or § 1357 or 8 C.F.R. § 236.1 or § 287.7. b. “Immigration detainer” includes Form I-247A “Immigration Detainer – Notice of Action” and any predecessor or successor form. (6) “Law-enforcement agency” means a government agency that employs law-enforcement officers. (7) “Law-enforcement officer” means as defined in § 222 of this title.

Del. Code tit. 11, § 8402B Law-enforcement agency agreements; prohibitions.

(a) A law-enforcement agency may not enter into, modify, renew, or extend an agreement for either of the following: (1) To exercise federal civil immigration authority under § 287(g) of the Immigration and Nationality Act [8 U.S.C. §1357(g)]. (2) To detain or house individuals who are in the custody of a federal immigration authority for violations of federal immigration law. (b) Each unit of local government, law-enforcement agency, and Delaware agency with an existing immigration enforcement agreement must exercise the termination provision contained in the immigration enforcement agreement by August 13, 2025. (c) Nothing in this section is intended to limit a law-enforcement agency from enforcing any valid court-issued warrants or orders, nor does this section prohibit a law-enforcement agency from complying with other federal statutory or regulatory requirements regarding disclosure of criminal history record information under 28 C.F.R. § 20.1 et seq.

Del. Code tit. 11, § 8403B Limitations on arrest and detention.

(a) Except as set forth under subsection (b) of this section, a law-enforcement agency or law-enforcement officer may not detain or continue to detain an individual solely on the basis of an immigration detainer or civil immigration warrant or otherwise comply with an immigration detainer or civil immigration warrant. (b) A law-enforcement officer may cooperate with federal immigration officials by detaining an individual on the basis of an immigration detainer or civil immigration warrant after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under any of the following circumstances: (1) The individual has been convicted of a violent felony, as designated under § 4201 of this title, or an equivalent crime under the laws of another jurisdiction. (2) The individual is a registered sex offender. (3) The individual has been convicted of 2 or more violations of § 4177 of Title 21 or the equivalent crime under the laws of another jurisdiction. (4) The individual is a “perpetrator of domestic violence” as that term is defined in § 703A of Title 13.

Del. Code tit. 11, § 8404B Limitations on immigration enforcement and cooperation.

(a) A law-enforcement agency or law-enforcement officer may not stop, arrest, search, detain, or continue to detain a person solely based on actual or suspected citizenship or actual or suspected immigration status. (b) A law-enforcement agency or law-enforcement officer may not inquire about or investigate the immigration status of any individual, unless it is necessary for an ongoing investigation of an indictable offense by that individual and relevant to the offense under investigation. (c) (1) Except as provided in paragraph (c)(2) of this section, a law-enforcement agency or law-enforcement officer may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or officer’s custody or who has otherwise been stopped or detained by the agency or officer. (2) A law-enforcement agency or law-enforcement officer may make limited inquiries necessary to determine an individual’s country of nationality in order to inform an individual of the right to communicate with consular officers or to facilitate such communication in accordance with the Vienna Convention on Consular Relations [21 U.S.T. 77; 596 U.N.T.S. 261] or other applicable agreements. (d) Unless presented with a valid judicial warrant or court order, as otherwise required by federal law, or if the conditions of § 8403(b) of this title apply, a law-enforcement agency or officer may not do any of the following: (1) Participate, support, or assist in any immigration enforcement operations, including any collateral assistance such as coordinating an arrest in a courthouse or other facility, providing use of any equipment, transporting any individuals, or establishing a security or traffic perimeter for immigration enforcement operations. (2) Give any immigration agent access, including by telephone, to any individual who is in that agency’s custody. (3) Transfer any person into an immigration agent’s custody. (4) Provide to any immigration agent information not otherwise available to the public relating to an individual’s release or contact information, or otherwise facilitate apprehension or questioning of an individual for immigration enforcement. (5) Permit access to a detained individual for an interview with an immigration agent, unless the detainee signs a written consent form that explains the purpose of the interview, that the interview is voluntary, that the individual may decline to be interviewed, and that the individual may choose to be interviewed only with legal counsel present. (6) Initiate contact with federal immigration authorities for the purpose of civil immigration enforcement, including notifying such authorities of the presence, custody status, or release of an individual subject to an immigration detainer or civil immigration warrant, except where required by a valid judicial warrant or court order or where the conditions of § 8403B(b) of this title apply.

Del. Code tit. 11, § 8405B Interpretation of immigration enforcement limitations.

Nothing in this chapter shall be construed to restrict, prohibit, or prevent any law-enforcement agency or law-enforcement officer from engaging in the following: (1) Enforcing the criminal laws of this State. (2) Complying with all applicable federal, State, and local laws. (3) Complying with a valid judicial warrant or other court order or responding to any request authorized by a valid judicial warrant or other court order. (4) Participating with federal authorities in a joint law-enforcement task force, the primary purpose of which is unrelated to federal civil immigration enforcement. (5) Requesting proof of identity from an individual during the course of an arrest or when legally justified during an investigative stop or detention. (6) Asking an arrested individual for information necessary to complete the required fields of a law-enforcement fingerprinting database, including information about the arrestee’s place of birth and country of citizenship. (7) Inquiring about a person’s place of birth on a correctional facility intake form and making risk-based classification and assignments in the facility. (8) Providing federal immigration authorities with information that is publicly available or readily available to the public in the same manner the public obtains it.

Del. Code tit. 11, § 8406B Reporting.

(a) Beginning January 1, 2027, a law-enforcement agency must annually submit to the Attorney General a report that includes all of the following: (1) The number of requests for assistance or cooperation with respect to immigration enforcement with which the law-enforcement agency complied. (2) The number of immigration detainers or civil immigration warrants honored or complied with by the law-enforcement agency, and the reason that the agency asserts the compliance, assistance, or cooperation is authorized under this chapter or other applicable law. (b) No personally identifying information may be included in a report required under this section.

Del. Code tit. 11, § 8407B Enforcement.

(a) The Attorney General has authority to conduct investigations into violations of this chapter. The Attorney General may do any of the following: (1) Require a law-enforcement agency, law-enforcement officer, or any other person or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary. (2) Examine under oath any law-enforcement officer or any other person alleged to have participated in or with knowledge of the alleged violation. (3) Issue subpoenas, obtain records, conduct hearings, or take any other actions in aid of any investigation. In the event a law-enforcement agency, law-enforcement officer, or other person or entity fails to comply, in whole or in part, with a subpoena or other investigative request issued pursuant to this paragraph (a)(3), the Attorney General may compel compliance through an action in the appropriate court. (b) Upon the Attorney General’s own information or upon the complaint of any person, the Attorney General may maintain an action for declaratory, injunctive, or any other equitable relief in the appropriate court against any law-enforcement agency, law-enforcement officer, or other person or entity who violates any provision of 85 Del. Laws, c. 470. These remedies are in addition to, and not in substitution for, other available remedies.

Del. Code tit. 11, § 8408B Federal agency cooperation; restrictions.

(a) A law-enforcement officer may not directly participate with a federal agency in civil immigration enforcement activities at a child-serving entity, an institution of higher education, a place of worship, or a health-care facility unless an exigent circumstance exists. Direct participation includes assistance with arrests, detentions, searches, or the seizure of property during federal civil enforcement actions. (b) Nothing in this section prohibits a law-enforcement officer from assisting federal criminal immigration activities conducted under a valid court order. (c) A law-enforcement officer or agency that directly participates with a federal agency in a civil immigration enforcement activity under an exigent circumstance must provide notice in writing within 48 hours to the Police Officer Standards and Training Commission and the Department of Safety and Homeland Security that includes all of the following: (1) The name of the law-enforcement officer or law-enforcement agency who participated in the activity. (2) The name of the federal agency to whom assistance was provided. (3) The date, time, and duration of the activity. (4) The purpose of the activity. (5) The name of any individual impacted by the activity. (6) A list of any records or other evidence collected during the activity. (7) The nature of the exigent circumstance. (8) The reason why the activity was required to take place at the identified location rather than in a place not covered by subsection (a) of this section. (d) At least every 6 months, the Department of Safety and Homeland Security shall aggregate the reports received under subsection (c) of this section and deliver them to the Governor, the Chair of the House and Senate Judiciary Committees, and the Director and Librarian of the Division of Legislative Services.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c084b/index.htmlFetched: 10/4/2026

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