HB 368 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.

Summary
This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced May 12, 2026 Last action Jun 25, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HS 1 for HB 368 Bill Text · 9 edits
MAJOR
The bill moved from a minor House Amendment (lowering the DUI conviction threshold from 3 to 2 in detainer exceptions) to a full House Substitute that rewrites the entire chapter on immigration enforcement and cooperation. The substitute keeps the original 3-or-more DUI threshold (rejecting the amendment's change) and adds extensive new provisions including detailed definitions, broad restrictions on law-enforcement cooperation with federal immigration authorities, annual reporting requirements to the Attorney General, and new investigative and enforcement powers for the Attorney General.
SCOPE

The document changed from a narrow House Amendment (a single-word change) to a full House Substitute Bill that rewrites the entire chapter on immigration enforcement and cooperation in Title 11 of the Delaware Code.

Sponsorship expanded from a single sponsor (Rep. Gorman) to include Rep. Ortega, Sen. Sturgeon as co-sponsors, plus 15 additional House and Senate cosponsors.

ELIGIBILITY

The proposed change lowering the DUI conviction threshold from '3 or more' to '2 or more' for detainer exceptions was rejected; the substitute retains the original 3-or-more threshold.

DEFINITION

New definitions section (Section 8401B) defining 'civil immigration warrant' (including specific federal forms and NCIC database entries), 'immigration detainer' (including Form I-247A), 'law-enforcement agency' (listing specific Delaware agencies), and 'law-enforcement officer.'

REQUIREMENT

New section (8404B) broadly prohibits law enforcement from stopping, arresting, searching, or detaining anyone solely based on actual or suspected citizenship or immigration status, and restricts inquiring about immigration status except when necessary for an ongoing indictable offense investigation.

New section (8404B) prohibits law enforcement from participating in immigration enforcement operations, giving immigration agents access to detainees, transferring persons into immigration custody, providing non-public information to immigration agents, or initiating contact with federal immigration authorities for civil enforcement purposes, unless a valid judicial warrant exists or specific exceptions apply.

New section (8405B) clarifies what law enforcement may still do: enforce criminal laws, comply with court orders, participate in task forces unrelated to immigration, request ID during arrest, collect fingerprinting data including birthplace and citizenship, use intake forms for facility classification, and share publicly available information.

ENFORCEMENT

New section (8406B) requires law-enforcement agencies to submit annual reports to the Attorney General detailing the number of immigration enforcement requests complied with and detainers honored, without including personally identifying information.

New section (8407B) grants the Attorney General authority to investigate violations, compel compliance with subpoenas through court action, and seek declaratory, injunctive, or other equitable relief against agencies or officers who violate the chapter.

Floor votes · House Jun 16, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
7
Key actions
4
Committee
1
Amendments
2
Jun 25, 2026
Upper · Passed
Passed By Senate. Votes: 15 YES 6 NO
upper
Jun 24, 2026
Upper · Passed
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
upper
Jun 16, 2026
Introduced
Assigned to Judiciary Committee in Senate
upper
Jun 16, 2026
Lower · Passed
Passed By House. Votes: 23 YES 13 NO 2 NOT VOTING 3 ABSENT
lower
Jun 16, 2026
Lower · Passed
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
lower
Jun 4, 2026
Introduced
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
lower
May 12, 2026
Introduced
was introduced and adopted in lieu of HB 368
lower
16 primary · 0 co-sponsors

Sponsors