HB94 • 2025

AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Lynn
Last action: 2026-06-25
Official status: Lieu/Substituted 6/12/25
Effective date: Not listed

Plain English Breakdown

The bill passed the Senate but the final status regarding the House of Representatives and Governor's signature is not confirmed in the source text.

Limits on Law Enforcement Cooperation for Immigration Checks

This bill stops sheriffs, deputies, constables, and police officers in Delaware from helping federal agents with immigration work at schools or churches unless the state Attorney General gives written permission first.

What This Bill Does

Requires the Delaware Attorney General to approve any cooperation between local law enforcement and federal agencies for immigration activities at schools or churches.
Mandates that requests for this approval must be submitted in writing by a supervising authority.
Sets a rule that written requests must arrive at least 72 hours before the planned activity starts.
Requires request forms to list the name of the federal agency, the reason for the action, and specific dates and times.
Demands detailed descriptions in the request about what records are needed, who might be affected, and how the activity will happen.

Who It Names or Affects

Sheriffs, deputies, constables, and police officers working in Delaware
Federal agencies seeking to conduct immigration enforcement activities at schools or churches
The Office of the Delaware Attorney General

Terms To Know

Immigration Enforcement: Actions taken by federal agents related to enforcing laws about who can enter, stay in, or leave the United States.
Attorney General: The top lawyer for the state of Delaware who has the power to approve these specific requests under this law.

Limits and Unknowns

This rule only applies to activities happening at schools or churches, not other public places.
The text does not say what happens if a request is denied by the Attorney General.
The effective date for when this law starts working has not been listed in the provided information.

Bill History

2026-06-25 Delaware General Assembly
HS 2 for HB 94 - Passed By Senate. Votes: 15 YES 6 NO
2026-05-05 Delaware General Assembly
HS 2 for HB 94 - Reported Out of Committee (Corrections & Public Safety) in Senate with 4 Favorable
2026-04-16 Delaware General Assembly
Substituted in House by HS 2 for HB 94
2026-04-16 Delaware General Assembly
HS 2 for HB 94 - - Passed In House by Voice Vote
2026-04-16 Delaware General Assembly
HS 2 for HB 94 - Passed By House. Votes: 27 YES 14 NO
2026-04-16 Delaware General Assembly
HS 2 for HB 94 - Assigned to Corrections & Public Safety Committee in Senate
2026-04-14 Delaware General Assembly
Substituted in House by HS 2 for HB 94
2025-06-12 Delaware General Assembly
Substituted in House by HS 1 for HB 94
2025-06-10 Delaware General Assembly
Reported Out of Committee (Public Safety & Homeland Security) in House with 1 Favorable, 4 On Its Merits
2025-05-20 Delaware General Assembly
Not Worked in Committee
2025-03-27 Delaware General Assembly
Introduced and Assigned to Public Safety & Homeland Security Committee in House

Official Summary Text

AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.
This Act restricts law enforcement from cooperating with federal agencies conducting immigration enforcement activities at schools or churches without permission from the attorney general.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

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

Reps. Burns, Griffith, K. Johnson, Morrison, Neal, Phillips, Snyder-Hall, Wilson-Anton, Lambert

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 94

AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

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

Section 1. Amend Chapter 21, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2115. Federal agency cooperation; restrictions.

(a) A sheriff, deputy, or constable may not cooperate with a federal agency in activity at schools or churches that relates to immigration enforcement unless the specific cooperation requested by the federal agency is first authorized by the Delaware Attorney General.

(b) Authorization under subsection (a) of this section must be requested by the supervising authority of the sheriff, deputy, or constable seeking authorization for cooperation. The request for cooperation must:

(1) Be in writing.

(2) Be submitted at least 72 hours prior to the date of the activity.

(3) State the name of the enforcement agency making the request.

(4) State the reason for the request.

(5) Provide the dates and duration of the activity.

(6) Give a detailed description of the scope of the activity, including:

a. The purpose of the activity.

b. A list of records sought.

c. The names of individuals who may be impacted by the activity.

d. The manner in which the activity will be carried out.

Section 2. Amend Part V, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 84B. FEDERAL AGENCY COOPERATION

§ 8401B. Definitions.

For the purposes of this chapter, “police officer” means as defined in § 8401 of this title.

§ 8402B. Federal agency cooperation; restrictions.

(a) No police officer may cooperate with a federal agency in activity at schools or churches that relates to immigration enforcement unless the specific cooperation requested by the federal agency is first approved by the Delaware Attorney General.

(b) Authorization under subsection (a) of this section must be requested by the supervising authority of the police officer seeking authorization for cooperation. The request for cooperation must: