Delaware Sanctuary Status and Local Authority

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.