2026 Legislative Recap

Written by: Sydney Y Wood, Eva Birtell, Kristina Kelly, Shyanne Miller

Political Context

Democrats run the show in Delaware’s General Assembly, holding 27 out of 41 seats in the House, and 15 out of 21 seats in the Senate (a supermajority). Republicans are in the minority and really only have the power to kill legislation that requires a supermajority vote. 

June 30, 2026 marked the end of the 153rd General Assembly, which ran from 2025-2026. Any bill that has not passed by then will die and will need to be re-introduced in January 2027. This summary may include legislation that was introduced in 2025, but may have passed (or failed) in 2026.

What Happened This Year?

Criminal Justice

Working Families Party Champion Rep. Madinah Wilson-Anton successfully passed HB 145, which would ensure that law enforcement and courts cannot request, issue, or enforce reverse-keyword court orders.  Reverse-keyword court orders enable the government to obtain technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. These searches are an invasion of privacy, have a chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search.

Advocates have secured some wins in dismantling Delaware’s debtors’ prison — those policies that punish individuals for being poor. Specifically, state lawmakers passed HB 133, which would allow the courts discretion in waiving fines and fees when a defendant might not have the means to pay. You can read more about this issue at Tide Shift Justice Project and Campaign to End Debtor’s Prison.

State lawmakers also voted to remove unfair prison labor practices (SB 309 and HB 291).

Legislation that would increase transparency in policing failed to pass due to lawsuits for similar bills in California. Specifically, Rep. Mara Gorman & Sen. Laura Sturgeon championed two bills to stop law enforcement officers from wearing masks that obscure their identity (HB 366) and to require law enforcement agencies to adopt and publicize a written policy requiring officers to display identification while performing their duties (HB 367).

Health Care

Healthcare costs and access were top of mind for many legislators. SB 1  passed, with the goal of lowering hospital costs and increasing access to preventative primary care. SB 13 requires hospitals to offer financial help to low- to moderate- income patients. SB 313 protects nonprofit hospitals from being bought by private equity firms. 

Sen. Marie Pinkney & Rep. Nnamdi Chukwuocha successfully passed SB 249, which ensures that Delaware takes a harm reduction approach to substance abuse programs, and decriminalizes the possession of certain paraphernalia for people who use drugs, while retaining criminal penalties on manufacturing or distributing those items.

Housing 

In the summer of 2025, legislators convened a special session to deal with property tax reassessment. The reassessment process was flawed, resulting in incorrect property values for both residential and commercial properties. Working Families Party champions Reps. Madinah Wilson-Anton, Larry Lambert, Sophie Phillips, Rae Moore, and Frank Burns introduced legislation to protect New Castle County homeowners who were hit with bills bigger than they can afford. They successfully ensured that homeowners were able to enter into payment plans and were protected from foreclosure. Their legislation was introduced as separate bills and eventually integrated into a smaller package of bills that passed the General Assembly. 

Working Families Champion Sophie Phillips worked hard to pass the Dr. DeBorah Gilbert White Act (see HB 135 and HB 454). The legislation stops local and state governments from arresting people simply because they are experiencing homelessness. The original legislation, HB 135, was killed in committee by Reps. Kendra Johnson, Rep. William Carson, and Stephanie Bolden (who was a co-sponsor). After incorporating edits requested by those same legislators, Rep. Phillips re-introduced the bill under HB 454, and the same legislators still refused to support it. The legislation failed, and will need to be re-introduced in 2027 in order to be reconsidered. 

SB 350 would allow all three counties to separate properties within their jurisdiction into four separate tax classifications and allow for apartments and other multi-family housing types to be considered residential properties for tax purposes (currently they are considered commercial properties). Changing their classification would mean taxing them at a lower rate, which they say would protect tenants from rent increases. However, it is doubtful those savings would reach renters. School districts opposed the bill. SB 350 failed to pass. 

A bill that aims to increase the stock of affordable housing across Delaware also passed. SB 23 allows local jurisdictions to use different methods to increase affordable housing stock through zoning reforms, increasing density, and requiring comprehensive plans to include goals to increase affordable housing stock.

Environment, Electric Bills, and Data Centers 

Delaware had at least six proposals for new data centers, which guarantees higher electric and water bills, increased noise pollution, and negative environmental impacts. Local governments, including Kent and New Castle County debated how to regulate data centers. WFP Champion Frank Burns sponsored HS 1 for HB 233 to ensure that data centers do not incur increased energy costs for other residential and small business electric customers. It establishes a separate rate class for data centers and requires the Public Service Commission to review and approve any Electric Service Agreements to ensure no customer bears the burden of higher energy bills due to data centers. You can find more about the fight against mega data centers at DE Chapter Sierra Club.

Senate Bill 326, sponsored by Sen. Stephanie Hansen & Rep. Deb Heffernan, would stop Delmarva Power from pushing unnecessary costs onto customers. Unnecessary costs are any expenses not related to maintaining reliable service. At the last minute, Majority Leader Kerri Evelyn Harris attached an amendment that would gut the bill, allowing Delmarva Power to push those unnecessary costs onto ratepayers. The amendment was co-sponsored by Reps. Alonna Berry (D), Rich Collins (R), Ronald Gray (R), and Jesse Vanderwende (R). They argued on behalf of Delmarva Power, claiming that it was bad business to cap how much costs could be pushed onto ratepayers. However, after public pushback, Rep. Harris removed the amendment and SB 326 passed with the full protections.

Voting and Elections

Working Families Party champion Rep. Larry Lambert successfully passed the Delaware John Lewis Voting Rights Act (HB 444) to enact safeguards against voter suppression in Delaware, following the gutting of the federal Voting Rights Act. 

Several other constitutional amendments were passed to make changes to Delaware voting laws, including restoring voting rights to felons after they’ve served their full sentence, ensuring corporations cannot vote in Delaware, securing early voting and absentee voting rights, and allowing early, in-person voting. You can read more  about these voting rights reforms on the ACLU Delaware website.

Education and Child Care

Delaware NAACP and Delawareans for Educational Opportunity filed a lawsuit in 2018 that stated Delaware’s education system did not provide adequate education to all students. They were successful in enacting major changes to Delaware’s public education funding systems. After several years, the state legislature changed the funding formula to ensure that schools with high numbers of low-income students and English language learning students get the funding needed to properly serve those students (see SB 302). The Delaware Public Education Funding Commission will continue to study and evaluate these changes in the future. 

Two bills were introduced to change how the Childcare Expense Tax Credit works. Republican Representative Yearick introduced HB 284 to double the childcare and dependent care expense tax credit for households earning less than $60,000 annually. This legislation only would help low-income families, and not address the increasing cost of childcare for most working class families. 

HB 274 increased the state match for the tax credit, and while it would benefit more working class families than the Republican proposal, it doesn’t address the core need for universal childcare and universal pre-K in Delaware. Neither bill passed. 

HB 387 would have temporarily increased eligibility for Purchase of Care, from 200% to 275% of the Federal Poverty Line, to ensure that more families have access to childcare. However, the bill would have expired in 2031. The bill did not pass— even with bi-partisan support.

Constitutional Amendments

Amending the Delaware Constitution requires two-thirds of the votes of legislators in both the Senate and the House, and requires that the legislation passes two legislative sessions in a row. On the final day of session, legislators passed the right to marry (SB 100). However, it still needs to go through its second leg next legislative session. The state legislature failed to pass a constitutional amendment that would protect the right to privacy (HB 14) and protect reproductive freedom (SB 5).

Labor and Workers’ Rights

WFP champion Rep. Larry Lambert successfully passed HB 374 to require the state to report hiring outcomes for large public works projects that cost $3 million or more, with the goal of identifying if Delaware workers are being hired on publicly funded construction projects.

WFP champion Rep. Frank Burns introduced a constitutional amendment to establish a fundamental right for all workers to organize and collectively bargain. Unfortunately, HB 234 bill did not pass. 

SB 272 requires that if public works projects are for a school district and costs $1 million or more, that it must include a project labor agreement with the Delaware Building and Construction Trades Council. While the legislation passed the Senate with unanimous support from Democrats, the House failed to pass it.

Immigrants’ Rights

The General Assembly passed legislation to protect immigrants from ICE at courthouses, schools, hospitals, places of worship and daycares (see HB 94 and HB 150). Unfortunately, legislation that would protect funding for migrant students, stops school resource officers from cooperating with ICE and enacts protections for personal data that reveals immigration or citizenship status did not pass. You can read more about progress on this issue at the ACLU Delaware’s Immigrants’ Rights page.

Details on Specific Legislation

How to read this chart: Green denotes legislation that generally will benefit the working class or the community at large. Red denotes legislation that could impact negatively the working class or community at large. Yellow means the legislation could have mixed results. 

Abbreviations

  • HB - House Bill

  • SB - Senate Bill

  • HA - House Amendment

  • HS - House Substitute

  • SA - Senate Amendment

  • SS - Senate Substitute

  • HCR - House Concurrent Resolution

  • SCR - Senate Concurrent Resolution

Criminal Justice

Legislation House/Senate Sponsor Description & Notes Status
HB 132 Rep. Phillips & Sen. Sturgeon Repeals fees that fund videophone systems used by state and local government
Repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives.
Notes
The elimination of these fees was recommended by the 2023 Criminal Legal System Imposed Debt Study Group. Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events.
Did not pass
HB 133 w. HA , HA 2, HA 3 Rep. Snyder-Hall & Sen. Brown Ability to pay criminal fines and fees
Gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances where a defendant may not have the means to pay.
Notes
Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteenth Amendment prohibits “punishing a person for his poverty.”
Passed and waiting for the Governor’s signature.
SB 309 w/ SA 1 Sen. Siegfried & Rep. Lambert Addressing Prisoner Labor Practices
Removes authority from the Department of Corrections to deduct pay from inmate accounts for a proportionate share of the costs of incarceration of inmates in the facility in which the inmate is housed.
Passed and waiting for the Governor's signature.
HB 291 Rep. Morrison & Sen. Hoffner Prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. Limits privatized prison labor in the state. Does not limit work release programs or other outside employment. Passed and waiting for the Governor's signature.
HB 366 Rep.Gorman & Sen. Sturgeon Prohibits law-enforcement officers from wearing facial coverings that obscure the identity of the individual wearing them in the course of their duties, with exceptions for undercover operations and exigent circumstances.
Stricken in response to lawsuits for similar bills in California
Stricken.
HB 367 Rep. Gorman & Sen. Sturgeon Requires every law enforcement agency in Delaware to adopt and publicly post a written policy requiring officers to display identification while performing enforcement duties. Identification must include the officer’s agency and a name, a badge number, or both.
Stricken in response to lawsuits for similar bills in California
Stricken.
SB 32 Sen. Hoffner & Rep. Carson Allows correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. Governor signed into law.
HB 369 Rep. Gorman & Sen. Lockman Established the Office of Gun Violence Prevention and Community Safety.
All State departments, agencies, interagency councils, and committees with relevance to gun violence prevention and community safety must provide full cooperation and assistance to the Office.
Passed and waiting for the Governor's signature.
HB 289 Rep. Spiegelman & Sen. Pettyjohn Weakens the Richard “Mouse” Smith Act, which allows for elderly and sick individuals in prison to have their sentence modified.
This bill excludes a person convicted and sentenced for a class A felony from being able to have their sentence of incarceration modified
Did not pass.
HS 1 for HB 145 Rep. Wilson-Anton & Sen. Pinkney Reverse location and keyword search ban
Prohibits law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse-keyword requests (Except for Class A felonies). Reverse-keyword court orders enable the government to obtain technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. These searches are an invasion of privacy, have a potentially chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search.
Passed and waiting for the Governor's Signature.
HB 3 Rep. Neal Creates a breastfeeding and lactation program within the Department of Corrections to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. Governor signed into law.
SB 179 Sen. Pinkney & Rep. Griffith Reforms the Delaware Sentencing Accountability Commission
This legislation changes the Delaware Sentencing Accountability Commission by updating the mission, changing membership to remove police presence, and updating reporting requirements.
Passed and waiting for the Governor's Signature.

Health Care

Legislation House/Senate Sponsor Description & Notes Status
SS 2 for SB 1 Sen. Townsend & Rep. Chukwuocha Lowering hospital costs and increasing access to preventative primary care. In the long run, the state is trying to lower overall health care costs and move investment from hospital care to preventative primary care. Passed and waiting for the Governor’s signature.
SS 1 for SB 13 Sen. Pinkney & Rep. Chukwuocha Increases requirements for hospitals to offer financial help for patients at or below 300% of the federal poverty line. Passed and waiting for the Governor’s signature.
SB 313 Sen. Mantzavinos & Rep. K. Johnson Protects nonprofit hospitals from being bought by private equity firms Passed and waiting for the Governor’s signature.
SB 249 Sen. Pinkney & Rep. Chukwuocha Creates a framework for substance use harm reduction programs to provide protection for program providers and staff and decriminalizes possession of paraphernalia for people who use drugs, while retaining prohibitions on manufacturing or distributing drugs and certain paraphernalia. Passed and waiting for the Governor’s signature.

Housing

Legislation House/Senate Sponsor Description & Notes Status
SS 1 for SB 116 Sen. Lockman & Rep. K. Johnson Pay to Stay
Allows renters to avoid eviction if they pay their back-owed rent.
Notes
Current law allows landlords to proceed with an eviction even if they receive all the back-owed rent payments. This law would allow individuals who are able to catch up on their rent to stay in their home.
Passed and waiting for the Governor’s signature.
HB 451 Rep. Johnson & Sen. Lockman Strengthens Delaware’s Fair Housing Act.
Clarifies that Delaware’s Fair Housing Act prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent.
Did not pass.
HB 242 Rep. K. Williams & Sen. Walsh Allows New Castle County School Districts to use separate property tax rates for commercial and residential properties. Signed into law by the Governor.
HB 462 Rep. K. Williams & Sen. Walsh Continues to allow New Castle County School Districts to use a separate property tax rate for commercial and residential properties. Passed and waiting for the Governor’s signature.
HB 135 Rep. Phillips & Sen. Lockman Dr. Deborah Gilbert White Anti-Cruelty to Delawareans Experiencing Homelessness Act.
This bill would ensure that unhoused people are not criminalized for living outside when no shelter is available. It would stop localities from fining, arresting people for living outside when no other shelter is available. It does not allow individuals to occupy private property or block pedestrian or vehicular traffic.
Notes
This bill failed to pass committee and was reintroduced as HB 454, with amendments.
Did not pass.
HB 454 Rep. Phillips & Sen. Lockman Dr. DeBorah Gilbert White Anti-Cruelty to Delawareans Experiencing Homelessness Act.
This bill would ensure that unhoused people are not criminalized for living outside when no shelter is available. It would stop localities from fining, arresting people for living outside when no other shelter is available. It does not allow individuals to occupy private property or block pedestrian or vehicular traffic.
Did not pass.
SS 2 for SB 23 Sen. Huxtable & & Rep. Johnson Affordable Housing for All Act.
Aims to increase the stock of affordable housing across Delaware. Allows local jurisdictions to use different methods to increase affordable housing stock through zoning reforms, allowing increases in density, and shifting comprehensive plans to ensure that goals to increase affordable housing stock are included in the plans.
Passed and waiting for the Governor’s signature.
HB 460 Rep. Romer & Sen. Cruce Property Tax Reassessments Reform.
Requires municipalities in New Castle County to submit permit data to the County government to ensure the accuracy of property assessments
Passed and waiting for the Governor’s signature.
HB 247 Rep. Wilson-Anton Payment plans for property tax bills.
Requires New Castle County to offer payments plans for county and school taxes.
Notes
This bill was integrated into HB 241.
Did not pass.
HB 241 Rep. Chukwuocha & Sen. Mantzavinos Allows payment plans for property tax bills. Governor signed into law.
SB 350 Sen. Sokola & Rep. Romer Allows all 3 counties to separate properties within their jurisdiction into four separate tax classifications. Also allows for apartments and other multi-family housing types to be considered residential properties for tax purposes (currently they are considered non-residential). Did not pass.

Environment, Electric Bills, and Data Centers 

Legislation House/Senate Sponsor Description & Notes Status
HB 445 Rep. Heffernan & Sen. Hansen Requires data centers to produce their own renewable energy within the state to power their operations and prevent a drain on the electric grid. Passed and waiting for the Governor’s signature.
SB 326 Rep. Heffernan & Sen. Hansen Increases consumer protections for utilities by ensuring more rate transparency and stops Delmarva from pushing unnecessary costs onto customers.
Notes
House Majority Leader Kerri Evelyn Harris introduced House Amendment 1 (HA 1), which would allow Delmarva’s spending on unnecessary costs– costs that aren’t about keeping service reliable— to go unchecked. They can pass those costs onto ratepayers.
HA 1 co-sponsors include: Reps. Alonna Berry (D), Rich Collins (R), Ronald Gray (R), and Jesse Vanderwende (R). HA 1 did not pass.
Passed and waiting for the Governor’s signature.
HB 470 Rep. Osienski & Walsh Authorizes Delmarva Power to own and operate battery storage systems with review and approval by the Delaware Public Service Commission. Did not pass
HB 391 Rep. Lambert & Sen. Poore Changes reporting requirements for the Community Environmental Project Fund, which disburses money to organizations that are serving communities affected by environmental violations. Passed and waiting for the Governor’s signature.

Education & Child Care

Legislation House/Senate Sponsors Description Status
SB 302 Sen. Sturgeon & Rep. K. Williams Public School Funding Reform
Based on the findings of Delaware’s Public Education Funding Commission, the state may implement a hybrid funding model, the first change in school funding in more than 80 years. This funding shift would increase the funding for schools with high numbers of low-income and English language learning students
Passed and waiting for the Governor’s signature.
SB 303 Sen. Sturgeon & Rep. K. Williams DE Public Education Funding Commission
This bill makes the Delaware Public Education Funding Commission permanent, and it will continue to study and evaluate the results of the state’s funding formula in future years.
Passed and waiting for the Governor’s signature.
SB 328 Sen. Hansen Standards for School Maintenance
Instead of simply issuing guidance on standards for school maintenance, this bill establishes them through regulation. It also specifies that school building maintenance standards include management of lead.
Passed and waiting for the Governor’s signature.
HB 223 Rep. K. Johnson & Sen. Pinkney Menstrual Disorder Awareness in Schools
The Department of Health and Social Services and the Department of Education will develop or obtain informational materials on menstrual disorders to provide to school districts upon request for the purpose of educating students about menstrual disorders and symptoms.
Notes
Some conditions, like endometriosis, take on average 10 years for women to get a diagnosis, so this step could provide young women with the information they need to understand when menstruation is abnormal and advocate for themselves about their symptoms.
Passed and waiting for the Governor’s signature.
HS 2 for HB 284 Rep. Yearick & Sen. Hocker Childcare Expense Tax Credit
Doubles the childcare and dependent care expense tax credit for resident households with federal adjusted gross income of less than $60,000 and makes that credit refundable.
Notes: This will have little impact on middle-income families that are making above the $60K. This will only help lower-income families.
Did not pass.
HS 1 for HB 274 Rep. Ross Levin & Sen. Child Care Expense Tax Credit
Increases the state child and dependent care expense tax credit from the current 50% match to a full 100% match with the federal child and dependent care expense tax credit.
Notes
This is non-refundable (compared with HB 284), and will have a greater benefit for middle and upper class than those making under 60k who will not pay as much in state taxes
Did not pass.
HB 387 Rep. Hilovsky & Sen. Buckson Purchase of Care Eligibility
Temporarily addresses Delaware's childcare crisis by gradually increasing Purchase of Care eligibility from 200% to 275% FPL over 5 years starting July 1, 2026, reducing benefit cliffs and supporting moderate-income families. It includes a sunset clause expiring June 30, 2031.
Did not pass.

Other Constitutional Amendments

Legislation House/Senate Sponsor Description & Notes Status
SS 2 for SB 100 Sen. Huxtable & Rep. Snyder-Hall Establishes the right to marry in Delaware. Passed this legislative session, and will need to pass the next legislative session held after the next general election.
HB 14 Rep. Lynn & Sen. Hoffner Constitutional Right to Privacy
Amends the Delaware Constitution to ensure that the right of individual privacy is enshrined in law.
Did not pass.
SS 1 for SB 5 Sen. Townsend & Rep. Minor-Brown Reproductive freedom.
A constitutional amendment to afford all Delawareans reproductive freedoms relating to pregnancy.
Did not pass.

Labor and Workers’ Rights

Legislation House/Senate Sponsors Description Status
HB 374 Rep. Lambert & Sen. Walsh Hiring practices on large public works projects
Requires the state to report hiring outcomes for large public works projects that cost $3 million or more, with the goal of identifying if Delaware workers are being hired on projects.
Passed and waiting for the Governor’s signature.
HB 234 Rep. Burns & Sen. Walsh Workers’ Right to Organize
Constitutional amendment to establish a fundamental right for all workers to organize and collectively bargain.
Did not pass.
SB 272 Sen. Walsh & Rep. Osienski Project Labor Agreements
Requires that if public works projects are for a school district and costs $1 million or more, that it must include a project labor agreement with the Delaware Building and Construction Trades Council.
Did not pass.

Voting and Elections

Legislation House/Senate Sponsor Description & Notes Status
HB 180 Rep. Harris & Sen. Hoffner Restoring Voting Rights to Felons after Prison Release.
First leg of an amendment to the Delaware Constitution that limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first.
Passed and waiting for the Governor’s signature.
HS 1 for HB 440 Rep. Harris & Allow Statewide Referendum on Constitutional Amendments
First leg of an amendment to the Delaware Constitution to authorize the General Assembly to hold a referendum (55% threshold for passage) on a proposed constitutional amendment in lieu of repassage by the next General Assembly.
Did not pass.
SS 1 for SB 2 Sen. Brown & Rep. Bush Early Voting
Allows for in-person, early voting for the general election, primary election, and a special election. This is a constitutional amendment.
Passed Senate. Passed House Administration Committee. Needs to be voted on by the full house.
SS 1 for SB 3 Sen. Brown & Rep. Bush Constitutional right to absentee voting. Passed Senate. Passed House Administration Committee. Needs to be voted on by the full House.
HB 430 Rep. Harris Constitutional amendment to stop corporations from voting.
First leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections.
Passed and waiting for the Governor’s signature.
HB 444 Rep. Lambert Delaware John Lewis Voting Rights Act.
Enacts safeguards against voter suppression.
Passed and waiting for the Governor’s signature.
HB 344 Rep. Morrison Campaign Finance Reforms
Makes changes to the disclosure and enforcement provisions of Delaware’s campaign finance laws to: improve documentation and record keeping, increase extensions for late reports, require annual reporting and training programs, and increase enforcement activities.
Passed and waiting for the Governor’s signature.

Immigrants’ Rights

Legislation House/Senate Sponsors Description Status
HS 1 for HB 150 Rep. Gorman & Sen. Sturgeon This bill limits state law enforcement from cooperating with federal immigration enforcement at courthouses. Passed and waiting for the Governor’s signature.
HS 1 for HB 368 Rep. Gorman & Sen. Sturgeon Reduces law enforcement's cooperation with immigration officials by limiting when they honor detainer requests.
A detainer request is an administrative request from ICE to hold an individual beyond their scheduled release or notify ICE prior to their release. This legislation would prohibit law enforcement from detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, and provides exceptions for violent felonies, domestic violence, sex offenses, and repeat DUIs.
Passed and waiting for the Governor’s signature.
HB 44 Rep. Lynn & Sen. Hoffner Requires the State to have a migrant education program to ensure that migrant children’s educational needs are met.
If federal funding is cut, the Delaware Department of Education must find supplemental funding from the State or other sources to ensure the program continues.
Did not pass.
HB 60 Rep. Lynn & Sen. Hoffner Strengthens Division of Motor Vehicle rules to ensure personal data is protected, including information that may reveal immigration or citizenship status. Did not pass.
HB 58 Rep. Lynn & Sen. Hoffner Stops police from arresting or questioning individuals based on their immigration status
Stops law enforcement officers in Delaware from arresting, stopping, questioning or searching someone based on their immigration status. Also stops them from asking about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number.
Did not pass.
HB 93 w/ HA 1 Rep. Lynn & Sen. Hoffner Stops school resource officers from cooperating with ICE
This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General.
Did not pass.
HB 95 Rep. Lynn & Sen. Hoffner Ensures that schools and companies with digital student data don’t share student information with ICE
This stops public schools and the Department of Education that hold digital student data from sharing student information with immigration enforcement agencies without permission from the Delaware Attorney General.
Did not pass.
HS 2 for HB 94 Rep. Lynn & Sen. Hoffner Stops law enforcement from cooperating with ICE at child care centers, places of worship, or hospitals.
This restricts law enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, places of worship, or health-care facilities without permission from the Attorney General.
Passed and waiting for the Governor’s signature.
HB 182 Rep. Gorman & Sen. Lockman Restricts local law enforcement from collaborating with immigration enforcement
Prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data.
Waiting for Governor’s Signature
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6/30/26 Legislative Update