DOVER – In an effort to further protect Delawareans’ constitutional rights and civil liberties, the House passed legislation on Tuesday that would make it clear that civil arrests cannot be made in certain government buildings without a judicial warrant.
House Substitute 1 for House Bill 150, sponsored by Representative Mara Gorman and Senator Laura Sturgeon, would prohibit civil arrests from being made in courthouses or Department of Labor Offices where the Delaware Industrial Accident Board conducts hearings.
“The United States Supreme Court has said that the free and uninterrupted functioning
of our courts is foundational to our constitutional democracy. Delaware has both the
authority and the responsibility to protect that,” said Rep. Mara Gorman.
“I hope that this bill will make all residents feel safe accessing essential public safety and civil services and make sure that our justice system works the way it’s supposed to.”
The Fifth and Fourteenth Amendments of the United States Constitution guarantee that everyone in the U.S. has a right to due process, regardless of citizenship status. That right was recently reaffirmed by the Supreme Court in April 2025.
However, a change in the way that U.S. Immigration and Customs Enforcement (ICE) carries out immigration enforcement directly infringes upon those rights.
On Jan. 20, 2025, the Department of Homeland Security issued a directive titled “Enforcement Actions in or Near Protected Areas,” which rescinded a Biden Administration policy that established protected areas where immigration enforcement operations could not take place. Those included establishments where “essential” services or activities occur.
At the same time, ICE enforcement has risen dramatically, with the number of “at-large” arrests in communities increasing by 600% since 2024. That includes courthouses and other previously protected spaces.
In Cox v. Louisiana, the Supreme Court recognized that “the unhindered and untrammeled functioning of our courts is part of the very foundation of our constitutional democracy,” formally giving states the power to adopt necessary and appropriate measures to safeguard the administration of justice by its courts.
HB 150 aims to uphold the rights of Delaware courts and ensure their proper functioning as a facet of Delaware’s government and justice system, as allowed under that precedent.
It extends those protections to Department of Labor Offices where the Delaware Industrial Accident Board meets, as those are sensitive proceedings where evidence is received and adjudicated relating to the rights of employers, workers, and insurers.
Under HB 150, no person may be subject to civil arrest while:
- Going to, remaining at, or returning from a courthouse for matters related to a judicial proceeding.
- Participating in or attending a judicial proceeding as a party, witness, attorney, or observer.
- Going to, remaining at, or returning from the Office of the Delaware Industrial Accident Board for matters related to a workers’ compensation administrative proceeding.
- Participating in or attending an administrative proceeding of the Delaware Industrial Accident Board as a party, witness, attorney, or observer.
This prohibition applies to the immediate surroundings of the courthouse or the Office of the Delaware Industrial Accident Board, including any public entryways, driveways, sidewalks, parking areas, and grounds intended to serve the courthouse or the Office of the Delaware Industrial Accident Board.
Importantly, HB 150 explicitly does not protect against criminal arrests or arrests pursuant to a judicial order. If a law enforcement officer provides the presiding judge or administrative officer written notice of the arrest in advance, they are permitted to make a civil arrest in the otherwise prohibited spaces outlined above.
If a person is arrested or detained in violation of HB 150, they may seek a writ of habeas corpus.
“If we as lawmakers say that we value public safety, we must prioritize breaking down the barriers that would prevent someone from showing up to court. I’m sponsoring this legislation to ensure that our judicial system operates as smoothly as possible,” said Sen. Laura Sturgeon, Senate prime sponsor of HB 150.
“I thank my colleague Rep. Gorman for her thoughtful and narrow approach to crafting this bill in a way that accomplishes one simple thing: ensuring that showing up to court for a criminal matter does not result in a civil arrest.”
HB 150 now heads to the Senate for consideration.
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