DOVER – Sponsored by Rep. Mara Gorman, Rep. Josué Ortega, and Sen. Marie Pinkney, House Concurrent Resolution 20 urges Delaware schools and school districts to adopt and implement clear policies regarding immigration enforcement, and emphasizes the importance of student safety and data privacy. It also requests that the Delaware Department of Education (DDOE) develop model policies to assist schools and school districts in the development and maintenance of clear guidance and messaging.
On January 20, 2025, U.S. Immigration and Customs Enforcement (ICE) rescinded its previous “sensitive locations” policy, which required special protection from enforcement of U.S. immigration laws in schools, hospitals, and places of worship. However, no agency directive can override federal laws and the U.S. Constitution.
The Supreme Court, in the landmark case Plyler v. Doe (1982), held that the 14th Amendment of the U.S. Constitution forbids discrimination on the basis of immigration status in accessing public education. This means that schools cannot deny enrollment on the basis of immigration status or require proof of U.S. citizenship. Additionally, Title IV and Title VI of the Civil Rights Act of 1964 prohibit discrimination in public education, including discrimination on the basis of race, color, or national origin.
On February 5th, 2025, the State of Delaware reaffirmed that:
- All children are entitled to equal access to public education at the elementary and secondary level.
- Discrimination on the basis of race, age, marital status, creed, color, sex, disability, sexual orientation, gender or national origin goes against Delaware’s Equal Accommodations Law.
- Districts and charter schools that accept public funding are prohibited from denying undocumented students a free public education.
- Students should not be asked to provide evidence of their legal status regarding immigration at any time during the enrollment process or afterward.
- A public school may accept alternate evidence of a student’s age in the place of a birth certificate. If a district or charter school requests a social security number, it has to inform the individual that the disclosure is voluntary.
On the same day, the Delaware Department of Education released guidance and action steps for districts and charter schools to take to protect immigrant students.
DDOE’s suggested action steps included passing a resolution reaffirming each district and charter’s commitment to student privacy and protection, providing clear guidance to staff on handling immigration enforcement requests, and ensuring all school employees understand that they cannot disclose a student’s immigration status without the proper consent or legal authorization.
“Our students and educators deserve to live without the fear of threats to their education and safety. As the representative of one of the most diverse districts in the State, there is no room for uncertainty when our community members come to us asking for guidance,” said Rep. Josué Ortega.
“I am proud to be a co-prime on this resolution with Rep. Gorman. Together, we’re taking a vitally important step in protecting not only our immigrant students, but all of our students. Solos somos fuertes… juntos somos más fuertes.”
Some charter schools and districts, such as the Red Clay Consolidated School District, the Brandywine School District, and Academia Antonia Alonso Charter School, have released letters and/or guidance to their communities regarding immigration. However, not all have.
“With this resolution, the General Assembly is affirming not only that it supports the right of every child in Delaware to receive a high-quality education; we are saying that they should do so safely and without threats to their privacy. For that to happen, schools and districts need to articulate clear policies like those outlined by the Department of Education on their website,” said Rep. Mara Gorman.
“This is a matter of equity, fairness, and decency. Children cannot learn when they are afraid; and parents should not fear sending their children to school.”
HCR 20 offers clear guidelines for school and school districts to adopt, and urges school board and school administrators to ensure that all staff, students, and communities receive communications articulating school policy with respect to interactions with civil immigration authorities.
HCR 20 school and school district recommended policy guidelines include:
- A requirement that all requests from civil immigration enforcement be referred to the superintendent or charter leader.
- A requirement that in the absence of exigent circumstances a judicial warrant is required for immigration authorities to access school premises.
- A prohibition on school staff asking about or sharing information with non-school personnel regarding a student or student’s family members’ immigration status. A student may voluntarily share information about immigration status. School personnel may share immigration-related information with non-school personnel with written permission from a student’s parent or guardian.
The resources available on the DDOE’s website include a letter to district and charter leaders and a sample voluntary school board resolution provided by the National Education Association (NEA).
Finally, the resolution encourages the DDOE to develop and share model policies with schools and school districts that reinforce Delaware’s strong commitment to its educational community and provide clear guidance to local educators.
“All students, families and educators deserve to know their rights and responsibilities well before the first immigration enforcement agent shows up at our public schools,” said Delaware State Education Association President Stephanie Ingram.
“Thank you to Rep. Gorman and Rep. Ortega for their leadership in helping to ensure all Delaware schools have the guidance and assurances they need to provide safe and healthy learning environments to all children, regardless of their background or zip code.”
HCR 20 was drafted with the Department of Justice, and was approved by both the DDOE and the Delaware State Education Association.
“Every student deserves to feel secure in their right to an education, free from fear and uncertainty, regardless of their immigration status,” said Sen. Marie Pinkney.
“This legislation sends a strong message that Delaware stands firm in its commitment to student safety and educational equity, even if the federal government does not share the same priorities. I believe schools should be safe havens where children can learn and grow, not places where they fear being separated from their families. I am grateful that my colleagues, Rep. Gorman and Rep. Ortega, share this sentiment, and I look forward to discussing HCR 20 with my colleagues in the Senate.”
The House passed HCR 20 on Thursday with a voice vote, the legislation passed unanimously in the Senate today.
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