Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement in Delaware from acting on behalf of federal immigration authorities.

Highlights:

• Defines “civil immigration warrant” as any document that is not approved or ordered by a judge that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose, including the following (Sec. 1):

• A form I-200 “Warrant for the Arrest of Alien”;

• A form I-203 “Order to Detain or Release Alien”;

• A Form I-205 “Warrant of Removal/Deportation”;

• A form I-286 “Notice of Custody Determination”; 

• Any predecessor or successor form; and

• All warrants, hits, or requests contained in the “Immigration Violator File” of the FBI’s database.

• Specifies that “civil immigration warrant” does not include a valid judicial warrant or court order (Sec. 1).

• Defines “immigration detainer” as a request to a State or local law-enforcement agency to provide notice of release or to maintain custody of an individual based on an alleged violation of civil immigration law (Sec. 1).

• Prohibits a law-enforcement agency or officer from detaining or continuing to detain an individual solely on the basis of an immigration detainer or civil immigration warrant, or otherwise comply with an immigration detainer or civil immigration warrant (Sec. 1).

• Authorizes a law-enforcement agency or officer to cooperate with a federal immigration official’s immigration detainer or civil immigration warrant under any of the following circumstances (Sec. 1):

• The individual has been convicted of a violent felony;

• The individual is a registered sex offender;

• The individual has been convicted of three or more violations; or

• The individual is a perpetrator of domestic violence.

• Prohibits law-enforcement agencies and officers from inquiring about or detaining an individual based on actual or suspected citizenship or immigration status, unless necessary to inform the individual of the right to communicate with consular officers (Sec. 1).

• Prohibits a law-enforcement agency or officer from doing any of the following unless presented with a valid judicial warrant or court order (Sec. 1):

• Participating, supporting, or assisting, in any immigration enforcement operations;

• Giving any immigration agent access to any individual who is in that agency’s custody;

• Transferring any person into an immigration agent’s custody;

• Providing any non-public information to any immigration agent relating to an individual’s release or contact information;

• Permitting access to a detained individual for an interview with an immigration agent without consent; or

• Initiating contact with federal immigration authorities for the purpose of civil immigration enforcement.

• Authorizes the Attorney General to conduct investigations into violations of this act and take action for declaratory, injunctive, or any other equitable relief (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement in Delaware from acting on behalf of federal immigration authorities.

Highlights:

• Defines “civil immigration warrant” as any document that is not approved or ordered by a judge that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose, including the following (Sec. 1):

• A form I-200 “Warrant for the Arrest of Alien”;

• A form I-203 “Order to Detain or Release Alien”;

• A Form I-205 “Warrant of Removal/Deportation”;

• A form I-286 “Notice of Custody Determination”; 

• Any predecessor or successor form; and

• All warrants, hits, or requests contained in the “Immigration Violator File” of the FBI’s database.

• Specifies that “civil immigration warrant” does not include a valid judicial warrant or court order (Sec. 1).

• Defines “immigration detainer” as a request to a State or local law-enforcement agency to provide notice of release or to maintain custody of an individual based on an alleged violation of civil immigration law (Sec. 1).

• Prohibits a law-enforcement agency or officer from detaining or continuing to detain an individual solely on the basis of an immigration detainer or civil immigration warrant, or otherwise comply with an immigration detainer or civil immigration warrant (Sec. 1).

• Authorizes a law-enforcement agency or officer to cooperate with a federal immigration official’s immigration detainer or civil immigration warrant under any of the following circumstances (Sec. 1):

• The individual has been convicted of a violent felony;

• The individual is a registered sex offender;

• The individual has been convicted of three or more violations; or

• The individual is a perpetrator of domestic violence.

• Prohibits law-enforcement agencies and officers from inquiring about or detaining an individual based on actual or suspected citizenship or immigration status, unless necessary to inform the individual of the right to communicate with consular officers (Sec. 1).

• Prohibits a law-enforcement agency or officer from doing any of the following unless presented with a valid judicial warrant or court order (Sec. 1):

• Participating, supporting, or assisting, in any immigration enforcement operations;

• Giving any immigration agent access to any individual who is in that agency’s custody;

• Transferring any person into an immigration agent’s custody;

• Providing any non-public information to any immigration agent relating to an individual’s release or contact information;

• Permitting access to a detained individual for an interview with an immigration agent without consent; or

• Initiating contact with federal immigration authorities for the purpose of civil immigration enforcement.

• Authorizes the Attorney General to conduct investigations into violations of this act and take action for declaratory, injunctive, or any other equitable relief (Sec. 1).

Full Bill Text