Lawmakers in Delaware advanced measures restricting collaboration with federal immigration authorities towards a final vote.
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Some hot legislation is brewing in Delaware, thanks to State Rep. Sean Lynn, Dover's local honcho. The proposed bills aim to extend protections to undocumented Delawareans, shielding them from potentially being targets of immigration enforcement actions in sensitive spots.
Since 2011, U.S. Immigration and Customs Enforcement (ICE) established policies that generally prohibited agents from making arrests in schools, churches, hospitals, and courthouses, among other places. However, that's all out the window now thanks to President Donald Trump, who lifted that guidance when he returned to office for his second term.
Yep, you heard it right! According to the National Immigration Law Center, these places are off-limits for arrests. Sean Lynn, our tough-talking Delaware rep, believes those states with policies like this offer safer environments for immigrant populations.
Two of the bills sponsored by Lynn are set for House votes.
First, House Bill 93: This bad boy requires the approval of the Delaware Attorney General's Office before school resource officers and school constables can team up with feds on immigration matters.
Second, House Substitute for House Bill 94: This bill puts the brakes on Delaware police from assisting federal agents on civil enforcement actions in hospitals, child care centers, nursing homes, and doctor's offices. Lynn mentioned during committee discussions this week that the House substitute would include courthouses, but later clarified that state Rep. Mara Gorman, D-Newark, handles this topic in House Bill 150, which remains in committee for now.
Lynn's bills focus on civil immigration infractions, not criminal violations. Being in the US without the proper documentation is a civil law violation, so nothing too drastic going on here.
Immigration agents can issue immigration detainers, which aren't the same as judicial warrants signed by a judge. That's the reason ICE agents depend on local law enforcement to work with them to release people from the criminal justice system into immigration custody.
The Camden Police Department in central DelawareRetracted earlier this year from a 287(g) agreement to team up with ICE and help enforce immigration laws after facing fierce community backlash.
Marvin Mailey, executive director of the Delaware Association of Chiefs of Police, and Christine Kemp, president of the Delaware Fraternal Order of Police, both oppose these bills, citing the need to have flexibility to join forces with federal partners in emergencies.
However, retired pastor and community activist, Lyle Dykstra, supports the legislation. He expressed concerns about willy-nilly roundups based on immigrant profiling in the community.
Delaware Attorney General Kathy Jennings supports Lynn's bills because they're net positives on the issue. Her guy, Mat Marshall, suggests her organization prefers House Bill 182 by Gorman, which bans law-enforcement agencies from entering into agreements with federal immigration authorities to enforce immigration violations or share related data.
Stay tuned for more immigration pieces from Rep. Lynn thatmade it through initial committee hearings and are waiting for House votes.
House Bill 95: This bill requires the Delaware Department of Education, school districts, and data storing companies to obtain consent from the AG's office before handing over student information to immigration enforcement agencies.
House Bill 96: Under this bill, the state Department of Justice needs to submit a quarterly report to state officials detailing immigration-related requests from federal agencies.
House Bill 58: This proposes banning a police officer from stopping or arresting an individual based solely on immigration status, or asking about their immigration status.
Prosecutions by the U.S. Attorney's Office for the District of Delaware of undocumented individuals increased by a staggering 800% between January 2025 and May 13 compared to the same timeframe in 2024. Acting U.S. Attorney Shannon T. Hanson cites President Donald Trump's Operation Take Back America—a nationwide initiative that orders federal prosecutors to focus on immigration or border security cases—as the cause.
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Policy-and-legislation related to immigration is currently a hot topic in Delaware, with State Rep. Sean Lynn proposing bills to extend protections to undocumented Delawareans. Politics surrounding these bills has led to debate, with support from community activists like Lyle Dykstra and opposition from Marvin Mailey, executive director of the Delaware Association of Chiefs of Police, and Christine Kemp, president of the Delaware Fraternal Order of Police. General-news outlets are following the progress of these bills closely as they move through the House.