Delaware law limits police holds and help for immigration enforcement

Agencies and officers may not hold someone past release solely because of an immigration detainer or civil immigration warrant. This applies to Delaware law-enforcement agencies and officers holding a person in custody. An officer may continue the hold only if it would be lawful under federal, state, and local law and local policy, and the person has a violent-felony conviction, is a registered sex offender, has at least two convictions under the cited impaired-driving law, or is a domestic-violence perpetrator.

Agencies and officers may not act solely on a person's actual or suspected citizenship or immigration status, or ask about that status except in limited cases. The limits cover law-enforcement agencies and officers and people they stop, detain, or hold in custody. Officers may investigate immigration status when necessary for an ongoing investigation of an indictable offense and relevant to that offense. They may ask limited nationality questions to explain or help arrange contact with consular officials.

Agencies and officers may not help with civil immigration enforcement in the listed ways, subject to stated exceptions. The limits cover help such as coordinating arrests, sharing certain nonpublic release or contact information, transferring people into immigration custody, and allowing immigration agents access to people in custody. The limits do not apply when a valid judicial warrant or court order is presented, federal law requires action, or the detention exception described above applies. A detained person may be interviewed by an immigration agent only after signing written consent that explains the interview is voluntary and that they may decline or have a lawyer present. The law also preserves criminal-law enforcement, compliance with law and court orders, certain joint task forces, and access to public information.

Agencies must report certain immigration-enforcement assistance to the Attorney General each year, and the Attorney General may investigate violations and seek court remedies. Reports cover assistance requests an agency complied with, detainers or warrants it honored, and the agency's stated legal reason for doing so. Reports must omit personally identifying information. The Attorney General may investigate, seek records and testimony, and ask a court to compel compliance with investigative requests or provide other relief for violations. Annual reporting begins January 1 following enactment.