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New Legislation Could Push Delaware Deeper Into Sanctuary Status

DOVER, DERecent reports regarding the legislative agenda for the state of Delaware foreshadows a perceived effort to have the state become an even bigger sanctuary state, a designation already afforded by the Trump administration based upon existing laws and practices within Delaware.

Back in August of 2025, the Trump administration, via the Justice Department, published a list of what the administration considers to be sanctuary states or cities. Among the states mentioned in the press release was Delaware, with the Justice Department citing “policies, laws, or regulations that impede enforcement of federal immigration laws” as being the criteria for inclusion in the aforementioned list.

Throughout 2025, lawmakers in Delaware passed a handful of pieces of legislation which could be construed as shielding illegal aliens, such as the abolishment of citizens arrests and emboldening schools within the state to hinder federal immigration enforcement on school property.

As President Donald Trump already forewarned that federal funding to sanctuary cities and states would be withheld during a speech this past January, the state Delaware is currently considering legislation that would ostensibly place the state further down the pipeline of an illegal immigration sanctuary designation.

One such bill currently being considered is HB58, which would prohibit state and local law enforcement from inquiring about a suspect’s immigration status or relevant documents proving citizenship, as well as prohibiting arrests/detentions or “prolong the detention” of suspects based upon immigration warrants and detainers.

HB60 is another piece of legislation being considered in Delaware which would limit the information the state DMV could release sans a signed judicial warrant, with those who would defy the restrictions imposed on the DMV facing potential civil or criminal penalties.

Meanwhile, deemed “sensitive locations” within the state, such as schools and churches, have two pieces of legislation being considered that would impact the seamless enforcement of federal immigration law in said areas. HB93 would restrict school resource officers (SROs) and constables from cooperating with federal immigration authorities without the explicit permission of the state attorney general, whereas HB94 specifically imposes the same restrictions on all state and local law enforcement, including sheriffs, as it relates to schools and churches.

As for HB95, the state’s department of education, along with “public schools, and operators of companies that hold digital student data,” are prohibited from disclosing any student information to federal immigration authorities without the express permission from the state attorney general.

The last of the legislation being considered within Delaware that suggests the state is heading deeper down the sanctuary status pipeline is HB96, which the aforesaid law would require quarterly reporting on all instances of immigration-related requests from the federal government and instances of state/local law enforcement assisting federal immigration authorities.
 
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