URGING THE DELAWARE RIVER AND BAY AUTHORITY TO SCRUTINIZE EXISTING CONTRACTS AND FUTURE CONTRACTS WITH AVELO AIRLINES.

Legislation Document

SPONSOR:

Sen. Seigfried & Rep. Gorman

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 123

URGING THE DELAWARE RIVER AND BAY AUTHORITY TO SCRUTINIZE EXISTING CONTRACTS AND FUTURE CONTRACTS WITH AVELO AIRLINES.

WHEREAS, the Delaware River and Bay Authority (DRBA) is an entity that operates the Wilmington Airport (ILG) and has entered into a comprehensive business arrangement and marketing incentive agreement with Avelo Airlines, Inc. (Avelo); and

WHEREAS, the DRBA's marketing incentive reimburses Avelo with DRBA funding to promote Avelo’s services at the Wilmington Airport; and

WHEREAS, Avelo Airlines has entered into contracts with U.S. Immigration and Customs Enforcement (ICE) to operate charter flights for the purpose of transporting detainees; and

WHEREAS, members of the community and public officials have expressed significant discontent that DRBA funds are being used to support a company involved in ICE deportations that lack sufficient due process protections for individuals ICE has sought to be removed; and

WHEREAS, Wilmington City Council has already passed a resolution discouraging contracts with companies, including Avelo, that profit from ICE deportation activities; and

WHEREAS, the State of Delaware already provides substantial support to commercial carriers by offering a temporary exemption from the state's five-cent-per-gallon aviation jet fuel tax, an exemption approved in December 2022 to attract new air service; and

WHEREAS, this fuel tax exemption, intended for economic development and job creation in the aviation industry, is a valuable incentive utilizing public resources; and

WHEREAS, the continued provision of marketing incentives to Avelo by the DRBA is viewed by many as being contrary to community values and concerns.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 153rd General Assembly of the State of Delaware, the House of Representatives concurring therein, that the State of Delaware expresses its discontent with the DRBA for continuing to provide marketing money and incentives to Avelo Airlines, which has facilitated the deportation of individuals who have not been afforded sufficient due process protections.

BE IT FURTHER RESOLVED that the General Assembly urges the DRBA to prohibit any agreements or contracts for any incentives to businesses engaged in contractual relationships with ICE that facilitate the deportation of individuals who have not been afforded sufficient due process protections.

SYNOPSIS

This Resolution urges the Delaware River and Bay Authority to scrutinize existing contracts and any future contracts with Avelo Airlines and other businesses that enter into contracts with US Immigration and Customs Enforcement to fly detainees without proper due process protections.

Author: Senator Seigfried