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HB 368

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 15 co-sponsors

HB 368 amends Delaware’s immigration enforcement rules to regulate how state and local agencies cooperate with federal authorities and protect individuals’ rights.

Passed By Senate. Votes: 15 YES 6 NO
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WeVote Research Nonpartisan
Bill Summary · HB 368

HB 368 (Session 153) – Delaware
Summary of purpose, key provisions, impact, and timeline

Overview
- Full title: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.
- Jurisdiction: Delaware
- House: Introduced and Assigned to Judiciary Committee (April 16, 2026)
- Sponsors: Co-sponsored by Mara Gorman, Dave Sokola, Eric Morrison, and Laura Sturgeon

Purpose and intent
- The bill amends Delaware’s Title 11 provisions to address immigration enforcement and cooperation. While the exact text is not provided here, such amendments typically focus on how state and local agencies cooperate with federal immigration authorities, regulate law enforcement interactions with individuals based on immigration status, and specify rights and protections for individuals in the state.

Key provisions (types of changes commonly seen in this policy area)
- Clarification of cooperation with federal immigration authorities:
- May set standards for when local or state law enforcement can inquire about immigration status.
- Could restrict or regulate participation in federal programs or transfer of detainees to federal custody.
- Protections for residents and visitors:
- May prohibit detention or questioning based solely on immigration status.
- Could ensure access to due process, post-arrest rights, and notification requirements.
- Training and policy requirements:
- May require law enforcement agencies to adopt policies that limit participation in immigration enforcement without a warrant or probable cause.
- Could mandate training on immigration-related rights, civil rights, and non-discrimination.
- Reporting and accountability:
- May establish reporting requirements to outline interactions with federal immigration authorities and identify complaints or violations.
- Local control and preemption:
- Could specify the extent to which municipalities and counties can enact more restrictive or broader policies than the state.

Who would be affected
- State and local law enforcement agencies (police, sheriffs, detention facilities) and their officers.
- Individuals apprehended or detained in Delaware, including both residents and visitors, particularly regarding questions about immigration status and cooperation with federal authorities.
- State government agencies responsible for enforcing immigration-related provisions and for implementing policy guidance.
- Legal stakeholders, including defense counsel and civil rights organizations, who monitor rights protections and due process.

Procedural and timeline aspects
- Introduction and assignment: April 16, 2026, to the House Judiciary Committee.
- Next steps: Likely review, potential amendments, committee vote, and movement to the full House for debate and potential passage. If passed, it would move to the Senate for consideration and further action, following Delaware’s legislative process and calendar.

Notes
- The summary reflects typical content in immigration enforcement-related amendments to state law. The exact text of HB 368 would determine precise prohibitions, allowances, and procedural requirements, including any specific dollar amounts, exemptions, or dates. For a complete understanding, access to the bill’s full language and fiscal impact statement is recommended.

Compiled from official sources — confirm details with the bill’s official record.

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