Delaware is on the U.S. Sanctuary Jurisdiction List, a status that may soon lead to a costly confrontation with the federal government.
Speaking at a public engagement on Tuesday, President Trump said, “Starting February 1, we are not making any payments to sanctuary cities or states.”
Delaware is one of 11 states on the U.S. Department of Justice’s sanctuary state list. The agency cited nine characteristics shared by states and cities receiving the designation, including the following:
- Laws, ordinances, and policies obstructing or limiting local law enforcement cooperation with U.S. Immigration and Customs Enforcement (ICE).
- Limiting local police agencies’ ability to share information about the immigration status of detainees with federal authorities.
- Jurisdictions that refuse to honor ICE detainer requests.
- Jurisdictions that circumvent federal laws prohibiting the provision of federal benefits to unauthorized immigrants.
The president’s threat carries weight because Delaware receives billions of dollars in federal funding each year, most of which supports public assistance programs.
The day following the president’s speech, the Delaware House Judiciary Committee released House Bill 151. Sponsored by State Rep. Mara Gorman (D-Newark), the measure seeks to prohibit the operation of private detention facilities in Delaware.
In comments made last week during a panel discussion, Rep. Gorman also indicated she would consider authoring legislation regarding local police agencies’ handling of immigration detainers. The detainers are requests from ICE to state and local law enforcement agencies (including jails, prisons, or other confinement facilities) asking that ICE be notified as soon as possible before releasing certain unauthorized immigrants. The document also requests that such individuals be held for up to 48 hours beyond their scheduled release so federal personnel have time to assume custody.
With the release of HB 151, six bills are eligible to be added to the House Agenda to curb the potential flow of information about unauthorized immigrants from Delaware state and local agencies to federal officials: House Bill 58, House Bill 60, House Bill 93, House Substitute 1 for House Bill 94, House Bill 95, and House Bill 238.