Limitations on arrest and detention.
Del. Code tit. 11, § 8403B
in effect(a) Except as set forth under subsection (b) of this section, a law-enforcement agency or law-enforcement officer may not detain or continue 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.
(b) A law-enforcement officer may cooperate with federal immigration officials by detaining an individual on the basis of an immigration detainer or civil immigration warrant after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under any of the following circumstances:
(1) The individual has been convicted of a violent felony, as designated under § 4201 of this title, or an equivalent crime under the laws of another jurisdiction.
(2) The individual is a registered sex offender.
(3) The individual has been convicted of 2 or more violations of § 4177 of Title 21 or the equivalent crime under the laws of another jurisdiction.
(4) The individual is a “perpetrator of domestic violence” as that term is defined in § 703A of Title 13.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c084b/index.htmlFetched: 10/4/2026