Environment
No direct effect
Neutral — no direct effect identified.
Benefits
- No material direct effect identified.
Risks
- No material direct effect identified.
StateDelawareEnacted
HB 368: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMMIGRATION ENFORCEMENT AND COOPERATION.
Mara Gorman
HB 368 status: Enacted — Signed by Governor (updated Sep 3, 2026).
Source
LegiScan
Confidence
High
Analysis basis
LegiScan full bill text
01
What this bill does
Official summary alongside an AI-generated read on where it stands and why.
Overall Score
70OUT OF 100
Score:70/100 civic fit
Risk:Moderate Risk
Impact:High Impact 85/100
Constitutionality85%
Bipartisan40%
Public opinion65%
Bill summary
This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.
02
Impact analysis
✦ AI analysisModeled effects across six domains, estimated from bill text and comparable legislation.
Economy
Mixed / Neutral
55%
Benefits
- Reduces potential state budget expenditures on federal immigration enforcement activities.
- Promotes stable labor environments by reducing the fear of workplace immigration raids.
- Saves administrative time for police agencies by minimizing voluntary federal collaboration.
Risks
- Increases administrative costs for annual reporting requirements to the Attorney General.
- Imposes training costs on law enforcement agencies to ensure policy compliance.
- Requires legal review time for local departments to update internal standard operating procedures.
Society
Positive outlook
80%
Benefits
- Strengthens community trust in local police by separating status enforcement from public safety.
- Protects immigrant residents from arrest for minor civil immigration violations.
- Ensures consistent rights protections across all Delaware police jurisdictions.
Risks
- May complicate relationships between local community groups and federal enforcement partners.
- Creates potential confusion for individuals regarding their rights during police interactions.
- Risk of inconsistent application of exceptions across different municipal police forces.
Technology Industry
No direct effect
Neutral — no direct effect identified.
Benefits
- No material direct effect identified.
Risks
- No material direct effect identified.
Civic Accountability
Positive outlook
85%
Benefits
- Creates mandatory annual reporting of immigration cooperation to the Attorney General.
- Empowers the Attorney General to investigate and enforce compliance with state law.
- Requires clear documentation and justification for cooperation with civil immigration warrants.
Risks
- Centralizes significant oversight authority in the Attorney General’s office.
- Mandatory reporting may be used to criticize local law enforcement policy choices.
- Potential for political friction between state-level AG oversight and local department autonomy.
Public Health & Safety
Positive outlook
60%
Benefits
- Increases likelihood of immigrant populations accessing health services without immigration fears.
- Prevents diversion of police resources from local public safety to federal civil tasks.
- Maintains authority to cooperate on cases involving violent felonies and sex offenders.
Risks
- Limits agency coordination for certain non-violent offenses that might be prioritized federally.
- Possible reduction in intelligence sharing regarding some federal cross-agency task forces.
- Risk that exceptions for 'perpetrator of domestic violence' could be misapplied without clarification.
03
How trustworthy & consequential it is
Sourcing already shown above, this is what the analysis found worth flagging.
Source
LegiScan
Official bill text or data from LegiScan.
Confidence
High
Information is complete and verified.
Analysis basis
LegiScan full bill text
Source used for this bill's analysis.
Source note
The bill limits cooperation but retains specific exceptions for violent felons and domestic violence perpetrators; enforcement consistency will depend on local interpretation.
Analysis scope
Source provided is the final enacted text; external legislative history is not included.
04
Where it stands
Official recordSigned by Governor
- IntroducedComplete
- CommitteeComplete
- Chamber votesComplete
- Final agreementComplete
- GovernorComplete
- EnactedComplete
05
How it affects your district
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