State Rep. Sean Lynn (D-Dover) has been working on a slate of immigration protection bills, including two that would require consent from the state’s attorney general for local law enforcement and school resource officers to collaborate with federal Immigration and Customs Enforcement (ICE) agents.
The bills were filed prior to President Donald Trump’s executive order calling on the U.S. Department of Homeland Security (DHS) to publicly highlight jurisdictions that refuse to cooperate with federal immigration authorities.
The list from DHS labeled New Castle County, Newark and Camden as “sanctuary jurisdictions” — that list has since been taken down.
The Camden Police Department became the only known Delaware law enforcement agency to enter a 287(g) agreement on April 29, which gave local officers the ability to partner with ICE and enforce federal immigration laws.
The department has since rescinded the agreement after facing public backlash.
Lynn filed six bills to enhance protections for undocumented immigrants in March, all of which have made it out of their initial committee hearings and await consideration in front of the full chamber.
House Bill 93 would restrict school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the state's attorney general.
House Bill 94, similarly, would restrict local law enforcement from cooperating with federal agencies conducting immigration enforcement activities at schools or churches without permission from the state's attorney general.
During HB 94's committee hearing, Rep. Lynn said he intends to introduce a substitute version of the bill that includes healthcare facilities and courthouses.
Rep. Lynn also says he will alter the language of both bills to clarify the cooperation between federal and local agencies without the attorney general's approval is prohibited only in the case of federal civil immigration violations, not criminal.
Residing in the United States without proper documentation is considered a civil immigration violation.
The Delaware State Police (DSP) is not taking a stance on the pending pieces of legislation, but DSP Legislative Liaison Sgt. Mike Ripple spoke during public comment on HB 93, raising concerns over the ability to handle human trafficking investigations within schools if they the law were to be passed.
"We at the Delaware State Police are obviously not enforcing federal immigration policies, especially in schools. The only concern that we do have in this bill per se — and I'd love to talk to Rep. Lynn about it — whether or not this would impact our ability to work with our federal partners in terms of human trafficking," Sgt. Ripple said. "There are times when victims of human trafficking are in the schools where we would have to work with [ICE] to get to those victims."
Executive Director of the Delaware Association of Chiefs of Police Marvin Mailey, spoke in direct opposition of both bills, instead encouraging lawmakers to pass legislation that "supports efforts to enhance law enforcement, not hinder them."
“This legislation, while well-intentioned, poses unnecessary limitations on local law enforcement's ability to exercise sound judgment in complex situations. Our departments are not resourced nor structured for immigration enforcement," Mailey said during public comment on HB 93.
President of the Delaware Fraternal Order of Police Christine Kemp also spoke in opposition of HB 93, noting similar concerns as mentioned by Mailey.
Delaware Department of Justice (DOJ) spokesperson Mat Marshall says DOJ is in favor of both pieces of legislation, noting the department "fundamentally support[s] and will defend every good faith, salutary step the General Assembly is willing to take to protect families, children, students, and witnesses."
However, Marshall says the department is more favorable of legislation filed by State Rep. Mara Gorman (D-Newark).
Rep. Gorman's House Bill 182 would prohibit Delaware law enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data.
Marshall says DOJ believes HB 182 is a stronger and broader bill and appreciates that it would make the policy mandatory and consistent, rather than putting these types of decisions at the discretion of the attorney general.
Both of Rep. Lynn's bills were released from committee with only Democratic support and head the House for a full vote — Rep. Gorman's bill has not yet been heard in committee.
Rep. Lynn's other immigration protection bill's include House Bill 44, which would require the state to continue funding and upholding the migrant education program if federal funding becomes insufficient and House Bill 58, which would prohibit law enforcement officers from stopping or arresting an individual based solely on their actual or suspected immigration status, as well prohibit an officer from questioning an individual’s immigration status.
House Bill 95 would prohibits the Delaware Department of Education and public schools from sharing student information with immigration enforcement agencies without permission from the state's attorney general, and House Bill 96 would require DOJ to submit a quarterly report to state leadership detailing any request from a federal agency for assistance from any state law enforcement agency related to topics of immigration.
Those four bills also cleared their respective committee hearings and await consideration on the House floor.
