Interpretation of immigration enforcement limitations.
Del. Code tit. 11, § 8405B
in effectNothing in this chapter shall be construed to restrict, prohibit, or prevent any law-enforcement agency or law-enforcement officer from engaging in the following:
(1) Enforcing the criminal laws of this State.
(2) Complying with all applicable federal, State, and local laws.
(3) Complying with a valid judicial warrant or other court order or responding to any request authorized by a valid judicial warrant or other court order.
(4) Participating with federal authorities in a joint law-enforcement task force, the primary purpose of which is unrelated to federal civil immigration enforcement.
(5) Requesting proof of identity from an individual during the course of an arrest or when legally justified during an investigative stop or detention.
(6) Asking an arrested individual for information necessary to complete the required fields of a law-enforcement fingerprinting database, including information about the arrestee’s place of birth and country of citizenship.
(7) Inquiring about a person’s place of birth on a correctional facility intake form and making risk-based classification and assignments in the facility.
(8) Providing federal immigration authorities with information that is publicly available or readily available to the public in the same manner the public obtains it.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c084b/index.htmlFetched: 10/4/2026