County Fight Contested

Delaware Statewide — 287(g) Ban, Private Detention Bar, and the Labor Data Front

Statewide, DE FIPS 10000

Current status: Delaware enacted HB 182 in July 2025 banning 287(g) agreements after the town of Camden secretly signed one. In 2026, the legislature is advancing HB 151 to bar state funds from private detention facilities and a separate bill banning civil courthouse arrests. On the opposing front, a federal judge ordered DE's Labor Department to turn over confidential wage records to ICE investigators in April 2026 — the state is appealing that ruling. The multi-front fight makes Delaware one of the most active mid-Atlantic battlegrounds.

The Fight

Delaware has become one of the most legislatively active states on immigration enforcement, fighting on four simultaneous fronts: a 287(g) ban, a private detention funding bar, a courthouse arrest prohibition, and an appeal of a federal court order compelling disclosure of employer wage data to ICE.

The catalyst for the 287(g) fight was the town of Camden, which secretly signed a 287(g) agreement with ICE without public notice — residents only discovered the agreement when it was published on ICE’s website. The state legislature responded within the same session.

HB 182 (enacted July 2025): Prohibits Delaware law enforcement agencies from entering 287(g) contracts with ICE. Agencies already holding agreements had 30 days to terminate them. Signed by Gov. Matt Meyer as part of a four-bill civil liberties package.

HB 151 (advancing 2026): Bars state and local government dollars from going to private detention facilities. Sponsor Rep. Mara Gorman (D-Newark) modeled the bill on Illinois law — rather than banning private detention outright (an approach struck down in NJ and CA courts), it bars state contracts, funding, and resources that support private detention. The bill passed the House and moved to the Senate.

Courthouse Arrest Bill (advancing 2026): Also sponsored by Gorman, this bill bans “civil arrests” — detention unrelated to criminal law or without judicial warrant — in courthouses and Department of Labor offices. It passed the House 25-13. Gorman: “When that happens, it sends a message to everyone in the community — don’t come to court, don’t show up as a witness, don’t pursue the protection the law offers you.”

Federal counter-front — labor data: On April 13, 2026, U.S. District Judge Colm Connolly (Chief Judge, D. Del.) signed an order compelling Delaware’s Department of Labor to hand over confidential wage reports and employee records — including names, Social Security numbers, and earnings — from 15 specific businesses to ICE investigators. The subpoena had been issued in April 2025 by Homeland Security Investigations. Gov. Meyer announced April 21 that the state would appeal. WHYY reported the appeal was filed.

Timeline

2025-05-XX: Town of Camden secretly signs 287(g) agreement with ICE; residents discover it via ICE’s public website
2025-06-30: DE General Assembly passes HB 182 banning 287(g) agreements
2025-07-14: Gov. Meyer signs HB 182 and three companion civil liberties bills
2026-04-13: U.S. District Judge Connolly orders DE Dept. of Labor to produce wage records to ICE
2026-04-18: House Republicans release statement criticizing further legislation as overreach
2026-04-19: Delaware Public Media reports HB 151 advances; courthouse arrest bill moves forward
2026-04-21: Gov. Meyer announces state will appeal Connolly ruling
2026-04-22: DE files appeal of federal court labor data order

Key Actors

Rep. Mara Gorman (D-Newark) — lead sponsor of HB 151 and courthouse arrest bill
Gov. Matt Meyer — signed 2025 package; leading appeal of federal data order
AG Kathy Jennings — backing state resistance alongside Meyer
Judge Colm Connolly — chief federal judge ordering labor data release; state appealing
ACLU Delaware — championing the full legislative package

Why This Fight Matters

Delaware’s model is instructive: a small state with no existing private detention infrastructure is proactively building legal firewall legislation before facilities arrive. The labor data front demonstrates how the Trump administration is running parallel legal strategies — using federal courts to pierce state labor agencies for enforcement data while suing sanctuary states directly. Camden’s secret 287(g) agreement is a template for how ICE quietly bypasses state-level bans at the local level.

Sources

This research is published at The RAMM — investigative reporting on the detention pipeline.

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