Delaware Lawmakers Move to Block ICE Arrests at Courthouses and Limit Private Detention Support

Delaware is taking a stand against aggressive immigration enforcement tactics with two key bills targeting ICE’s courthouse arrests and private detention facilities. Sponsored by Rep. Mara Gorman (D-Newark), the first bill would prohibit civil arrests by ICE agents at courthouses and Department of Labor offices. This move responds to a nationwide pattern where immigrants are detained while seeking justice—whether testifying as witnesses or filing protective orders—chilling community participation and undermining the rule of law.

“People being picked up by ICE outside courthouses sends a message: don’t come to court, don’t seek protection,” Gorman explained. Her bill, passed by the Delaware House 25-13, now awaits Senate consideration. It defines “civil arrest” as detaining someone without a criminal warrant, targeting the troubling practice of ICE’s civil immigration arrests in sensitive public spaces.

The second bill addresses private immigration detention centers, which have ballooned under federal funding increases despite widespread community backlash. While courts have blocked states from outright banning federal private prisons, Delaware’s proposal would bar state contracts, funding, and resources from supporting these facilities. This approach mirrors Illinois’ law and aims to signal clear state opposition to private detention operators profiting off immigrant incarceration.

This legislative push comes amid a surge in ICE arrests in Delaware—from 220 in 2024 to nearly 700 in 2025—mostly street arrests but some from correctional facilities. The Trump administration’s rollback of “sensitive locations” protections and the $45 billion congressional boost for ICE detention expansion have fueled these increases.

Though Delaware’s tools are limited by federal preemption, Gorman’s bills represent a crucial effort to shield immigrant communities from the harshest impacts of immigration enforcement and the corrosive influence of private prison profiteering. By cutting off state support and protecting courthouse access, Delaware lawmakers are pushing back against the authoritarian tactics that threaten justice and democratic accountability.