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Office of New Americans

Statewide Protections

Delaware is committed to protecting the rights, dignity, and well-being of immigrants and refugees across our state. Recent legislation passed by the Delaware General Assembly has strengthened statewide protections by establishing safeguards against certain immigration enforcement practices and reinforcing individuals’ rights when interacting with law enforcement. These measures reflect Delaware’s commitment to ensuring that all residents, regardless of immigration status, are treated with fairness, dignity, and respect under the law.

Law Enforcement

In the State of Delaware, state and local enforcement agencies are prohibited from entering into agreements to exercise federal civil immigration authority under the Immigration and Nationality Act, also known as 287(g) agreements. This is the result of House Bill 182 with House Amendment 1, legislation passed during the first General Assembly and signed into law by Governor Matt Meyer.

House Bill 182 with House Amendment 1 prohibits state and local law enforcement agencies from entering into agreements to exercise federal civil immigration authority under the Immigration and Nationality Act, also known as 287(g) agreements. It also prohibits those agencies from detaining or housing individuals who are in custody of the federal immigration authority for violating federal immigration law. That means that a state or local law enforcement agency cannot be forced to detain a person on behalf of federal law enforcement just because they have violated federal immigration law.

State law enforcement

  • Delaware State Police
  • Capitol Police
  • Delaware Department of Corrections Probation and Parole Officers
  • Delaware Department of Justice
  • Delaware Department of Natural Resources and Environmental Control Police
  • Delaware Department of Services for Children, Youth, and their Families Probation and Parole Officers
  • Delaware River & Bay Authority (DRBA) Police
  • Division of Alcohol and Tobacco Enforcement

County, city, and town police departments

  • New Castle County Police Department
  • Wilmington Police Department
  • Dover Police Department
  • Georgetown Police Department
  • All other municipal police forces

Campus police departments

  • University of Delaware Police Department
  • Delaware State University Police Department

State Fire Marshal

No, it does not. Delaware law enforcement must still comply with valid court-issued warrants or orders and other requirements regarding disclosure of criminal history and record information under federal law.

Citizen’s Arrest

In 2025, Governor Matt Meyer signed House Bill 153 with House Amendment 1 into law, prohibiting individuals without explicit statutory authority from making arrests or detaining others. House Bill 153 with House Amendment 1 bans the practice commonly known as “Citizen’s Arrest”.

If you witness someone being detained or arrested by an individual who you believe does not have the explicit legal authority to do so, do not intervene. Observe and document safely, if possible. Call 9-1-1 if something seems unsafe or unlawful.

Impersonation of a Federal Law Enforcement Official

House Bill 152 with House Amendment 1 was signed into law by Governor Matt Meyer in 2025, expanded the criminal offense of impersonating a police officer, firefighter, emergency medical technician, paramedic, or fire officer to also prohibit the impersonation of a federal officer.

If you believe someone may be falsely claiming to be a federal officer or Immigration and Customs Enforcement (ICE) agent, do not physically intervene or comply beyond what is necessary for your immediate safety. Instead, request identification if it is safe to do so, and immediately report the situation to local law enforcement by calling 9-1-1.

You may also submit documentation if you witness misconduct by a federal agent by clicking using the Federal Misconduct Form.

Detention Facilities

House Substitute No. 2 for House Bill No. 151, signed into law by Governor Matt Meyer in 2026, prohibits Delaware state and local governments from contracting with or financially supporting privately operated detention facilities. The legislation bars public entities from funding, incentivizing, or receiving payments connected to the operation of private detention centers, while creating limited exemptions for certain nonsecure juvenile and residential alternative-to-detention programs.

Child-serving Entities, Higher Education Institutions, Places of Worship, and Healthcare Facilities

House Substitute 2 for House Bill 94, signed by Governor Matt Meyer in 2026, prohibits a state or local law enforcement officer and/or agency from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, institutions of higher education, places of worship, or healthcare facilities except in exigent circumstances.

Immigration Detainers 

House Substitute 1 for House Bill 368, signed by Governor Matt Meyer in 2026, prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant. 

State Courthouses and the Delaware Department of Labor Offices 

House Substitute 1 for House Bill 150, signed by Governor Matt Meyer in 2026, prohibits civil arrests from being made in courthouses or Department of Labor Offices where the Industrial Accident Board conducts hearings.