AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION AND ARRESTS.

Plain English Breakdown

The official text uses specific phrases like 'prolong the detention,' which was simplified in the explanation for readability while keeping the meaning accurate.

Limits on Police Actions Regarding Immigration Status

This bill stops Delaware law-enforcement officers from stopping, questioning, searching, arresting, or detaining people based on their citizenship status or suspected violations of federal civil immigration laws.

What This Bill Does

• Prohibits law-enforcement officers from stopping, questioning, searching, arresting, or detaining individuals because of actual or suspected citizenship, immigration status, or violations of federal civil immigration law.
• Bans police inquiries about a person's immigration status, citizenship, place of birth, or eligibility for a social security number.
• Prevents arrests, detention, or extended detention based on civil immigration warrants or immigration detainers.

Who It Names or Affects

• Law-enforcement officers in the State of Delaware
• Individuals who are stopped, questioned, arrested, searched, or detained by police

Limits and Unknowns

• The bill has passed out of committee but does not yet have an effective date.
• The official text only restricts state law-enforcement officers and does not mention private citizens or other agencies.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION AND ARRESTS.
Under this Act a law-enforcement officer of this State is not allowed to do any of the following:
(1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law.
(2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number.
(3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Lynn & Rep. Ortega & Sen. Hoffner & Sen. Pinkney

Reps. K. Johnson, Lambert, Morrison, Neal, Phillips, Snyder-Hall, Wilson-Anton, Gorman, Berry

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 58

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION AND ARRESTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 19, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1903A. Civil immigration actions prohibited.

A law-enforcement officer may not do any of the following:

(1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law.

(2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number.

(3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers.

SYNOPSIS

Under this Act a law-enforcement officer of this State is not allowed to do any of the following:

(1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law.

(2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number.

(3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers.