Senate approves bill limiting state and local participation in civil immigration enforcement at schools, hospitals and places of worship

The Delaware Senate on June 25 passed House Substitute 2 for House Bill 94, a bill that limits state and local law-enforcement participation in civil immigration enforcement at certain sensitive locations, including schools, child-serving entities, colleges, places of worship and health-care facilities.

Sponsor Senator Hoffner said the substitute narrows earlier versions and draws a clear “bright line” protecting locations where people seek safety, learning and care, while preserving narrow exceptions for imminent threats. “HS2 for HB 94 keeps our schools, campuses, places of worship, and health-care facilities focused on learning, faith, and healing, not a civil immigration enforcement,” Hoffner said on the floor.

The substitute does not block criminal arrests or actions taken under valid judicial orders, the sponsor emphasized; it instead restricts participation in planned civil-enforcement operations and requires that when an exception is invoked officers submit a written report within 48 hours and twice-yearly transparency reports explaining why the arrest or detention occurred.

Several senators raised concerns about potential impacts on law-enforcement operations. Senator Lawson questioned whether creating sanctuary-like protections would hamper police in hot-pursuit or exigent circumstances. “When law enforcement identifies an individual and they want to talk to them and they take off and run inside one of these sanctuaries, then what do they do?” Lawson asked, arguing that real-world pursuits may not be affected by statutory language but could create confusion.

Sergeant Mike Rippold of the Delaware State Police testified at the podium that the department did not initiate the legislation and that civil immigration enforcement is not the State Police’s mission. He said the State Police participated in drafting the substitute to ensure it preserves the department’s ability to respond to exigent circumstances and criminal matters. “Civil immigration enforcement is not our mission,” Sergeant Rippold said. “This statute was intended to be for civil enforcement. Therefore, there will be no impact on how we control our mission for civil enforcement.”

Senators who supported the measure said it protects vulnerable residents’ access to education, health care and services and prevents deterrence of witnesses and victims. Senator Hoffner recounted past local incidents and said the bill responds to community concerns that civil enforcement activities can chill participation in essential services.

After extended floor discussion and questions to the witness, the roll call resulted in 15 yes and 6 no; the presiding officer declared the substitute passed.