DOVER – On Thursday, the House passed legislation aimed at limiting immigration enforcement actions in sensitive locations such as schools and places of worship.
HS 2 for HB 94, sponsored by Rep. Sean Lynn, Rep. Kerri Evelyn Harris, and Sen. Kyra Hoffner, would restrict State and local law-enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at protected locations including child-serving entities, institutions of higher education, places of worship, or healthcare facilities, with the exception of exigent circumstances, where there is an imminent risk to public safety or the safety of an individual or group.
Under this bill, a law enforcement officer may not directly participate in arrests, detentions, searches, or the seizure of property during federal civil enforcement actions in the aforementioned sensitive locations. However, they are still permitted to assist federal criminal immigration activities conducted under a valid court order.
“Our local law enforcement officers are driven by the mission of maintaining peace in our communities, but we have seen time and time again that federal immigration enforcement officers do not share that goal,” said Rep. Sean Lynn, House Prime Sponsor of HB 94.
“Disrupting classrooms, medical services, or areas of worship for the sole purpose of civil, not criminal, immigration enforcement is unacceptable, and would only incite fear and cause undue harm in areas reserved for healing, learning, and goodwill.”
Importantly, HS 2 for HB 94 adds additional oversight to federal and local enforcement activities by requiring law enforcement officers or agencies that directly participate with a federal agency in a civil immigration enforcement activity to provide a written notice, within 48 hours, to the Police Officer Standards and Training Commission and the Department of Safety and Homeland Security that includes all of the following:
- The name of the law-enforcement officer or law-enforcement agency who participated in the activity.
- The name of the federal agency to whom assistance was provided.
- The date, time, and duration of the activity.
- The purpose of the activity.
- The name of any individual impacted by the activity.
- A list of any records or other evidence collected during the activity.
- The nature of the exigent circumstance.
- The reason why the activity was required to take place at a sensitive location.
Every 6 months, the Department of Safety and Homeland Security must compile the reports and deliver them to the Governor, the Chair of the House and Senate Judiciary Committees, and the Director and Librarian of the Division of Legislative Services.
“No matter where they fall on the political spectrum, the majority of Americans believe that places of worship, places of healing, and places of learning should be off limits for civil immigration enforcement. Especially given the immigration enforcement tactics we’ve seen recently, which have not only put public safety at risk, but also created fear that keeps people from sending their children to school or seeking medical care that they desperately need,” said House Majority Leader Kerri Evelyn Harris.
“By re-establishing boundaries around these sensitive locations, we are protecting the rights of all Delawareans to safely enter these spaces without fear or disruption.”
On January 20, 2025, 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. The purpose of this directive was to ensure that enforcement actions did not restrain people’s access to essential services or engagement in essential activities, such as receiving urgent medical care or attending a funeral.
HS 2 for HB 94 follows the same line of thinking, and aims to ensure that no Delawarean loses access to the basic human services, and that those services are not disrupted without cause.
“Schools, places of worship, and health care facilities are some of the most intimate places in our state, and no Delawarean – regardless of immigration status – should fear that they will be targeted by immigration enforcement at these locations. It’s especially important that our own law enforcement agencies do not assist in these efforts,” said Sen. Kyra Hoffner, Senate Prime Sponsor of HB 94.
“This bill is about basic dignity and respect, and ensures our neighbors are not subjected to the demeaning immigration policies that have become all too common throughout our country.”
HS 2 for HB 94 now heads to the Senate for consideration.
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