DOVER – Lawmakers introduced a trio of bills on Thursday aimed at further protecting Delawareans’ civil liberties as well as the safety and public trust of local law enforcement officers amid a surge of federal law enforcement presence in states.
Taken together, these bills, sponsored by Rep. Mara Gorman, would establish how and when state and local agencies may comply with federal detainer requests from Immigration and Customs Enforcement (ICE), require visible identification for officers, and prohibit law enforcement officers from wearing masks or other face coverings, with some exceptions.
“No law-abiding Delawarean should live in fear that they will be taken by a federal officer or someone pretending to be one when they’re doing something as simple as walking down the street, and held in custody for an indeterminate amount of time,” said Rep. Mara Gorman, House Prime Sponsor of HB 366, HB 367, and HB 368.
“Unfortunately, the last year has shown us that there is very little oversight when it comes to the actions of ICE agents. Despite instances of impersonation of these federal officers regularly emerging across the country, there are still no requirements for real agents to display their IDs or remove their facial coverings. HB 366, HB 367, and HB 368 are about accountability, respect, and giving local law enforcement, who are driven by the mission of protecting Delawareans and promoting peace, more power to do just that.”
HB 368, sponsored by Rep. Mara Gorman and Sen. Laura Sturgeon, would set limits on when Delaware law enforcement honor detainer requests, which are administrative requests from ICE to hold an individual beyond their scheduled release or notify ICE prior to release.
Under this legislation, law enforcement would be prohibited from detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant.
Exceptions are made for individuals who pose a genuine threat to public safety, including those convicted of violent felonies, registered sex offenders, repeat DUI offenders, and perpetrators of domestic violence.
Over 500 individuals in Delaware, including parents and children, have been removed from their homes and communities through deportation or ICE detention. Today, nearly half of ICE arrests occur in state and local facilities, often for minor offenses and driven in part by existing policies that comply with administrative detainer requests.
Importantly, HB 368 does not eliminate cooperation with federal immigration enforcement. Instead, it ensures that cooperation is focused on individuals who present a serious risk to public safety, while preventing the detention of individuals based solely on administrative requests that are frequently used against people with no significant criminal history.
“ICE has shown us time and time again that too many of their agents are inadequately trained and personally unsuited to work in law enforcement. These agents have displayed a lack of human decency and disregard for local laws. This legislation ensures that Delaware law enforcement will not be complicit in their efforts,” said Senator Laura Sturgeon.
“Clarifying how and when our law enforcement gets involved in immigration detainer requests provides certainty to Delawareans that they will not be unreasonably held by these federal agencies.”
HB 366, sponsored by Rep. Mara Gorman, Rep. Frank Burns, and Sen. Dan Cruce, would prohibit law enforcement officers – including federal agents – from wearing masks or facial coverings that obscure their identity (such as balaclavas, ski masks, or tactical face coverings) while performing official duties.
The bill includes explicit exceptions for medical or protective equipment and for undercover operations and specialized units like SWAT teams operating in high-risk situations.
A companion measure, HB 367, also sponsored by Rep. Mara Gorman, Rep. Frank Burns, and Sen. Dan Cruce, would require all law enforcement agencies in Delaware to adopt and publicly post policies requiring officers to display identification while performing enforcement duties. Identification would include the officer’s agency and either their name, badge number, or both. The bill also outlines reasonable exceptions, including for undercover operations, situations involving protective equipment, exigent circumstances, or credible threats to an officer’s safety.
Throughout the past year, there have been widespread reports of federal agents carrying out operations while wearing masks, face coverings, or plain clothes attire that can obscure their identities and make it difficult for both citizens and local law enforcement to identify them.
According to reports, these practices can make it harder for both local law enforcement and citizens to recognize and appropriately engage with federal agents, which raises significant public safety concerns and erodes trust between law enforcement agencies and the communities they serve.
“ICE has operated with callousness during this administration, and allowing these agents to shield their identity only further enables their dangerous unconstitutional actions,” said Senator Dan Cruce.
“By banning their ability to mask themselves and ensuring that law enforcement’s identification policies are made public, we send a clear message: that the law must and will be abided by, and that our neighbors’ rights will not be violated.”
HB 366, HB 367, and HB 368 were assigned to the House Judiciary Committee.
###DOVER – Lawmakers introduced a trio of bills on Thursday aimed at further protecting Delawareans’ civil liberties as well as the safety and public trust of local law enforcement officers amid a surge of federal law enforcement presence in states.
Taken together, these bills, sponsored by Rep. Mara Gorman, would establish how and when state and local agencies may comply with federal detainer requests from Immigration and Customs Enforcement (ICE), require visible identification for officers, and prohibit law enforcement officers from wearing masks or other face coverings, with some exceptions.
“No law-abiding Delawarean should live in fear that they will be taken by a federal officer or someone pretending to be one when they’re doing something as simple as walking down the street, and held in custody for an indeterminate amount of time,” said Rep. Mara Gorman, House Prime Sponsor of HB 366, HB 367, and HB 368.
“Unfortunately, the last year has shown us that there is very little oversight when it comes to the actions of ICE agents. Despite instances of impersonation of these federal officers regularly emerging across the country, there are still no requirements for real agents to display their IDs or remove their facial coverings. HB 366, HB 367, and HB 368 are about accountability, respect, and giving local law enforcement, who are driven by the mission of protecting Delawareans and promoting peace, more power to do just that.”
HB 368, sponsored by Rep. Mara Gorman and Sen. Laura Sturgeon, would set limits on when Delaware law enforcement honor detainer requests, which are administrative requests from ICE to hold an individual beyond their scheduled release or notify ICE prior to release.
Under this legislation, law enforcement would be prohibited from detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant.
Exceptions are made for individuals who pose a genuine threat to public safety, including those convicted of violent felonies, registered sex offenders, repeat DUI offenders, and perpetrators of domestic violence.
Over 500 individuals in Delaware, including parents and children, have been removed from their homes and communities through deportation or ICE detention. Today, nearly half of ICE arrests occur in state and local facilities, often for minor offenses and driven in part by existing policies that comply with administrative detainer requests.
Importantly, HB 368 does not eliminate cooperation with federal immigration enforcement. Instead, it ensures that cooperation is focused on individuals who present a serious risk to public safety, while preventing the detention of individuals based solely on administrative requests that are frequently used against people with no significant criminal history.
“ICE has shown us time and time again that too many of their agents are inadequately trained and personally unsuited to work in law enforcement. These agents have displayed a lack of human decency and disregard for local laws. This legislation ensures that Delaware law enforcement will not be complicit in their efforts,” said Senator Laura Sturgeon.
“Clarifying how and when our law enforcement gets involved in immigration detainer requests provides certainty to Delawareans that they will not be unreasonably held by these federal agencies.”
HB 366, sponsored by Rep. Mara Gorman, Rep. Frank Burns, and Sen. Dan Cruce, would prohibit law enforcement officers – including federal agents – from wearing masks or facial coverings that obscure their identity (such as balaclavas, ski masks, or tactical face coverings) while performing official duties.
The bill includes explicit exceptions for medical or protective equipment and for undercover operations and specialized units like SWAT teams operating in high-risk situations.
A companion measure, HB 367, also sponsored by Rep. Mara Gorman, Rep. Frank Burns, and Sen. Dan Cruce, would require all law enforcement agencies in Delaware to adopt and publicly post policies requiring officers to display identification while performing enforcement duties. Identification would include the officer’s agency and either their name, badge number, or both. The bill also outlines reasonable exceptions, including for undercover operations, situations involving protective equipment, exigent circumstances, or credible threats to an officer’s safety.
Throughout the past year, there have been widespread reports of federal agents carrying out operations while wearing masks, face coverings, or plain clothes attire that can obscure their identities and make it difficult for both citizens and local law enforcement to identify them.
According to reports, these practices can make it harder for both local law enforcement and citizens to recognize and appropriately engage with federal agents, which raises significant public safety concerns and erodes trust between law enforcement agencies and the communities they serve.
“ICE has operated with callousness during this administration, and allowing these agents to shield their identity only further enables their dangerous unconstitutional actions,” said Senator Dan Cruce.
“By banning their ability to mask themselves and ensuring that law enforcement’s identification policies are made public, we send a clear message: that the law must and will be abided by, and that our neighbors’ rights will not be violated.”
HB 366, HB 367, and HB 368 were assigned to the House Judiciary Committee.
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