Delaware has no statewide statute mandating or prohibiting sanctuary policies, leaving cooperation with federal immigration authorities to local police and county discretion within general law enforcement statutes.
Unlike states that have enacted explicit sanctuary preemption laws, Delaware has not passed legislation banning municipal sanctuary policies, nor has it adopted a statewide sanctuary statute. Title 11 of the Delaware Code governs general law enforcement powers, and individual police departments such as Wilmington and Newark issue their own policies on honoring ICE detainers and sharing custody information. Delaware State Police generally follow federal cooperation practices, while some local agencies limit non-criminal immigration enforcement. Bills proposing statewide restrictions on cooperation have been introduced but have not become law through 2026.
Because no statewide preemption exists, no civil or criminal penalties attach to a Delaware municipality choosing or refusing sanctuary policies, though federal grant conditions may apply.
New Castle County, DE
New Castle County permits gas and electric leaf blower use with no statewide or county ban. Operation hours align with the county noise ordinance (NCC Code C...
New Castle County, DE
Amplified sound in unincorporated New Castle County is regulated under NCC Code Chapter 22 (noise) and the county's special event permit process. Sound must ...
Newark, DE
Newark, Delaware regulates on-street overnight parking through Chapter 20 (Motor Vehicles) of the City Code, with detailed Articles XIII and XV. Many residen...
New Castle County, DE
New Castle County requires electrical permits for Level 2 EV chargers. Delaware law (26 Del. C. §1018) preempts HOA bans on EV chargers. Public stations must...
New Castle County, DE
New Castle County requires a building permit for retaining walls over 4 feet measured from bottom of footing to top of wall. Walls supporting surcharge loads...
New Castle County, DE
New Castle County regulates fence materials through the Unified Development Code (UDC), primarily Article 40 (zoning). Wood, vinyl, composite, wrought iron, ...
Side-by-side rule comparisons with other cities in New Castle County.
See how Newark's sanctuary policy preemption rules stack up against other locations.
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