Limitations on immigration enforcement and cooperation.
Del. Code tit. 11, § 8404B
in effect(a) A law-enforcement agency or law-enforcement officer may not stop, arrest, search, detain, or continue to detain a person solely based on actual or suspected citizenship or actual or suspected immigration status.
(b) A law-enforcement agency or law-enforcement officer may not inquire about or investigate the immigration status of any individual, unless it is necessary for an ongoing investigation of an indictable offense by that individual and relevant to the offense under investigation.
(c) (1) Except as provided in paragraph (c)(2) of this section, a law-enforcement agency or law-enforcement officer may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or officer’s custody or who has otherwise been stopped or detained by the agency or officer.
(2) A law-enforcement agency or law-enforcement officer may make limited inquiries necessary to determine an individual’s country of nationality in order to inform an individual of the right to communicate with consular officers or to facilitate such communication in accordance with the Vienna Convention on Consular Relations [21 U.S.T. 77; 596 U.N.T.S. 261] or other applicable agreements.
(d) Unless presented with a valid judicial warrant or court order, as otherwise required by federal law, or if the conditions of § 8403(b) of this title apply, a law-enforcement agency or officer may not do any of the following:
(1) Participate, support, or assist in any immigration enforcement operations, including any collateral assistance such as coordinating an arrest in a courthouse or other facility, providing use of any equipment, transporting any individuals, or establishing a security or traffic perimeter for immigration enforcement operations.
(2) Give any immigration agent access, including by telephone, to any individual who is in that agency’s custody.
(3) Transfer any person into an immigration agent’s custody.
(4) Provide to any immigration agent information not otherwise available to the public relating to an individual’s release or contact information, or otherwise facilitate apprehension or questioning of an individual for immigration enforcement.
(5) Permit access to a detained individual for an interview with an immigration agent, unless the detainee signs a written consent form that explains the purpose of the interview, that the interview is voluntary, that the individual may decline to be interviewed, and that the individual may choose to be interviewed only with legal counsel present.
(6) Initiate contact with federal immigration authorities for the purpose of civil immigration enforcement, including notifying such authorities of the presence, custody status, or release of an individual subject to an immigration detainer or civil immigration warrant, except where required by a valid judicial warrant or court order or where the conditions of § 8403B(b) of this title apply.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c084b/index.htmlFetched: 10/4/2026