2025 Legislative Recap: How We Did and What We’re Doing Next

The first leg of the 153rd General Assembly has come to an end. Since January, we’ve been working hard on issues like immigrants' rights, probation reform, and gender justice. Here’s a quick snapshot of what we accomplished, what is left to be done, and ways you can stay involved.  

As we continue the fight in the second half of 2025 and prepare for the 2026 legislative session, we want to say thank you. Thank you for sending messages, showing up, and making your voice heard — our work is not possible without civil liberties advocates like you.  

With your continued support, we’re more ready than ever to keep pushing forward to protect and expand civil liberties for all.  


What we accomplished

Free Speech  

From nationwide crackdowns on public protest to infringements on students’ speech and privacy, the Trump administration continues to engage in massive anti-free speech actions that violate the very foundation of our democracy. Now more than ever, we will not waver in our commitment to defending our First Amendment rights.  

  • Senate Bill 80 (SB 80), which protects people from undemocratic Strategic Lawsuits Against Public Participation (SLAPP) lawsuits that leverage courts to silence criticism, passed the General Assembly. This legislation will strengthen Delaware’s current anti-SLAPP law and ensure the First Amendment rights of future generations of students, journalists, activists, and others who exercise their right to dissent are protected. The bill now heads to the Governor's desk to be signed into law. 
     
  • The Freedom to Read Act (HB 119) will help protect books in public libraries and schools from being unconstitutionally censored. HB 119 outlines that books may not be banned due to the origin, background, or views of the person who created the material, nor can it be banned because of partisan, ideological, or religious disapproval of the material. All public libraries and school libraries must establish policies that adhere to these principles and ensure that any challenge to library materials is addressed in accordance with these policies. HB 119 passed and is awaiting the Governor’s signature. 

Immigrants’ Rights 

Trump’s anti-immigrant policies are tearing apart families, communities, and the fabric of our nation. The situation is dire. That's why we must act now to push back against Trump and his anti-immigrant agenda and ensure that our state’s immigrant communities are given the support, security, and opportunity they need to thrive. 

  • On the last day of the legislative session, the General Assembly passed House Bill 182 (HB 182), legislation that bans 287(g) agreements with ICE. Governor Meyer officially signed HB 182 into law on Monday, July 14, ending 287(g) agreements in Delaware once and for all! 

    This victory is a direct result of collective action led by community leaders who made their voices heard after the Camden Police Department entered into a 287(g) agreement in early May. HB 182 prevents Camden and other municipalities from attempting to enter into these agreements in the future, ensuring our state stands firmly as a beacon of hope and freedom for people all over the world. 
     
  • On July 14, Governor Meyer signed House Bill 152 (HB 152) and House Bill 153 (HB 153), which work together to ban citizens’ arrests in Delaware, into law. Citizen’s arrest laws are a racist relic of the Jim Crow era and have no place in Delaware today. In a time when distrust and hatred of immigrants are being stoked by those in the highest levels of government, Delaware has made it clear that the ability to arrest individuals resides solely in the hands of trained law enforcement.   
     

Gender Justice  

As the Trump administration and emboldened state governments continue to enact policies that target people seeking reproductive or gender-affirming care, Delaware’s role as a safe haven for potentially life-saving healthcare has become crucial for Delawareans and those seeking assistance from out of state.  

  • On June 20, Governor Meyer signed Executive Order #11 to protect gender-affirming care in Delaware from attempts by the federal and other state governments to criminalize patients and providers. This action comes after months of pressure from ACLU-DE, the public, and several LGBTQ+ and civil rights organizations in the state. The order mandates that State agencies are not to impose any sanctions on anyone who “provides, receives, inquiries about, responds to, or assists with gender-affirming care that is or would otherwise be lawful in Delaware.” 
     
  • House Bill 205 (HB 205), legislation that protects all legal medical procedures and shields healthcare providers from out-of-state actions and penalties, passed the General Assembly and is heading to the Governor’s desk to be signed into law. This bill ensures that Delawareans and those seeking care in Delaware can access the healthcare they need to thrive without fear or barriers. 

Justice Reform 

Too many Delaware residents have been adversely affected by the justice system, a system that disproportionately impacts people of color. Reform is not just necessary—it is overdue. 

Last year, when lawmakers missed a critical opportunity to take steps toward repairing our broken probation system through Senate Bill 4 (SB 4), we reaffirmed our commitment to making probation reform a reality in 2025. This year, thanks to the tireless efforts of our Smart Justice staff, ambassadors, coalition partners, and advocates, we’ve taken steps towards fulfilling that commitment.

  • With just days left in the legislative session, Senate Bill 7 (SB 7), the most significant change to how probation conditions are set in Delaware in decades, passed the General Assembly and has now been signed into law! SB 7 tailors special conditions of probation to the individual, reducing the risk of people on probation being subjected to overly burdensome and unnecessary requirements. Meaningful reform must center individual need — SB 7 will make conditions tailored to individual circumstances the norm in Delaware. 
     
  • Senate Substitute 1 for Senate Bill 10 (SS 1 for SB 10), legislation that allows for compassionate release for sick or long-term incarcerated individuals, passed the General Assembly and has been signed into law. For decades, Delaware has incarcerated unprecedented numbers of adults, many of whom are serving long sentences that may result in death behind bars. SS1 for SB 10 spares the state from cruelly and unnecessarily incarcerating those who pose little or no risk to public safety and promotes justice, equity, and humanity throughout our state.  
     
  • House Bill 35 (HB 35) is the first leg of a constitutional amendment that would ban the death penalty in Delaware. HB 35 passed both chambers of the legislature, meaning it needs to receive a second two-thirds majority vote from both the House and Senate, beginning in the next General Assembly, convening in 2027. 

What's still left to do

Privacy Protections 

The rapid expansion of digital surveillance and the collection of sensitive personal information pose a serious threat to individual privacy and civil liberties. This legislative session, we laid the groundwork for legislation that will protect sensitive personal information and ensure it cannot be weaponized against our most vulnerable communities.  

  • House Bill 145 (HB 145), legislation that protects the Fourth Amendment rights of Delawareans and people across the country by prohibiting both reverse location and reverse keyword searches and warrants in Delaware, was introduced. HB 145 is an important step to ensuring Delaware remains a state that rejects unconstitutional government overreach and ensures every person can carry a smartphone, use social media, and rely on internet search engines to access information without fearing being caught in large-scale, unconstitutional dragnet searches. We remain committed to ensuring its full passage in 2026.  

Immigrants’ Rights 

While there were key victories for immigrants’ rights this year, a slate of critical bills that provide enforcement, privacy, data, and education protections still await full passage during the second leg of the 153rd legislative session. These bills have all passed their initial committees, and most are on the ready list for a vote by the full House chamber. HB 96 passed the House and is now waiting for its Senate committee hearing. We will continue to work with our coalition and community partners to ensure these bills make it to the Governor’s desk next year.  

Immigration Enforcement Limits & Protections 

  • House Bill 58 (HB 58) bans police from targeting people based solely on actual or suspected immigration status or civil immigration violations. 
  • House Bill 93 (HB 93) limits school resource officers and constables from cooperating with federal immigration enforcement. 
  • House Bill 94 (HB 94) and House Bill 150 (HB 150) limit state law enforcement from cooperating with federal immigration enforcement at sensitive locations such as schools, churches, and courthouses. 

Privacy and Data Protections 

  • House Bill 60 (HB 60) strengthens Division of Motor Vehicles rules to ensure personal data is protected, including information that may reveal immigration or citizenship status. 
  • House Bill 95 (HB 95) adds another layer of privacy protections for families and students by limiting the release of student records in connection with immigration enforcement efforts. 
  • House Bill 96 (HB 96) promotes accountability by requiring reports on federal agency requests for data or assistance related to immigration status 

Education Support for Immigrant Communities 

Voting Rights 

The right to vote, and to have one’s vote accurately and fairly counted, is a fundamental right of all American citizens — and one that underpins the rest of our civil liberties. That’s why, as attacks on voting rights continue to grow, Delaware must take strides to bring our state into the 21st century and become a beacon of democracy.

This year, our Every Vote Counts (EVC) campaign was successful in getting four constitutional amendments covering all our campaign goals introduced and moving forward: 

  • Senate Substitute 1 for Senate Bill 2 (SS 1 for SB 2), protecting early in-person voting;
  • Senate Substitute 1 for Senate Bill 3 (SS 1 for SB 3), no-excuse absentee voting;
  • House Bill 88 (HB 88), same-day registration (HB 88); and
  • House Bill 180 (HB 180), fighting felony disenfranchisement

    SS 1 for SB 2 and SS 1 for SB 3 cleared the Senate and now await consideration in the House. HB 88 and HB 180 also await consideration in the House. The four amendments have cleared every hurdle they have faced so far. Our campaign to amend Delaware’s constitution is a multi-year effort, and with the help of our campaign volunteers and coalition partners, we’re off to a strong start. During the legislative off-season, our EVC campaign will continue advocacy and community engagement efforts across the state to prepare to see these bills through the next phase in 2026.

What you can do next

Stay up to date with our Firewall for Freedom Campaign  

We've made it easy for you to work alongside us and fellow Delawareans through our Firewall for Freedom hub page. Our Firewall for Freedom hub is a one-stop shop for information about steps local and state officials can take and our work to defend our fundamental freedoms, access comprehensive tools like Know Your Rights guides, ways to take action, upcoming events, and more. 

VISIT THE FIrewall HUB 

Know Your Rights  

Everyone has basic rights under the U.S. Constitution and civil rights laws. When you know what the law says, you can better protect yourself, your family, and your community. 

Know Your Rights

Order KYR materials

Request a KYR training

Join the Every Vote Counts Campaign 

We believe that all who wish to vote should be able to do so. That’s why we are pushing back against attacks on voting rights by launching the Every Vote Counts campaign, a multi-year effort to amend Delaware's constitution, bring our state into the 21st century, and ensure Delaware becomes a beacon of democracy and strong voter engagement. 

LEARN MORE about EVC

Become an EVC volunteer

Make a donation

Make a Plan to Vote in the RD 20 Special Election 

Delaware’s Representative District 20 will hold a Special Election on Tuesday, August 5, to fill a vacant seat in the Delaware State House of Representatives. RD 20 includes Lewes, Milton, Nassau, Pine Town, Belltown, and parts of Harbeson and Georgetown. Visit VoteDelaware.org to learn more about the candidates and make your plan to vote! 

Visit VOTEDELAWARE.ORG

Support Delaware's First Abortion Fund 

Abortion rights advocates in Delaware are bracing for an influx of patients traveling from hostile states to receive abortion care. The First State Abortion Fund (FSAF) allows Delawareans and patients traveling to Delaware a new avenue of support. Now more than ever, we need your support to keep abortion services safe and accessible for all communities in Delaware.

Learn more about FSAF

Join us at the 2025 Kandler Celebration  

Typically, we honor a few select Delawareans each year for their contributions to civil liberties. This year, on the 40th anniversary of the Kandler Celebration, we are making a big change: we are honoring EVERYONE! 

2025 has proven to be a difficult year already, and we need to be in community with one another now more than ever. Join us on Thursday, October 23, to celebrate our collective community action with an evening of hors d’oeuvres, beverages, and an online silent auction to support civil liberties work in Delaware! Tickets to this event are free.  

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