Education Advocacy Orgs Send Letter to Superintendents Across the State, Explaining New Law on Immigration Enforcement at Schools

Statewide — With the start of the new school year, the ACLU of Delaware and the Delaware State Education Association (DSEA) sent a letter today to all superintendents in the state, explaining the parameters of the recently passed House Substitute 2 for House Bill 94 (HS 2 for HB 94), and how the new law may impact the efforts of Immigration and Customs Enforcement (ICE) at Delaware schools.

The letter details that, following Governor Meyer’s signature in early September, HS 2 for HB 94 will limit state and local law enforcement officers from assisting ICE at schools, daycares, and other child-serving entities. These limitations mainly include banning local police from assisting with ICE arrests, detentions, searches, and seizures of property on school grounds—unless there is a valid judicial warrant or court order.

The organizations also urged all school districts to develop detailed plans to protect students and staff in the event that ICE agents show up on school grounds.

“So many people in our community are scared to send their children to school because of how lawless and dangerous ICE has acted across the country,” said Helen Salita, ACLU-DE campaign manager. “Delaware must do absolutely everything in its power to protect these vulnerable kids and their families. The legislature passing HB 94 was an important step, and now we’re looking to the Governor and other State officials and institutions to continue the work of safeguarding Delawareans and their rights.”

The open letter specifies that the new law will not ban all forms of law enforcement cooperation with ICE, and it does not prevent any federal agents from conducting immigration enforcement at schools.