DELAWARE — Delaware lawmakers have passed House Concurrent Resolution 20, calling on schools and school districts to adopt clear policies protecting immigrant students, reinforcing student safety, and safeguarding data privacy.
Sponsored by Rep. Mara Gorman, Rep. Josué Ortega, and Sen. Marie Pinkney, the resolution emphasizes the need for districts and charter schools to establish written guidance on interactions with civil immigration authorities. It also urges the Delaware Department of Education to provide model policies to support consistency statewide.
The resolution comes in response to the Jan. 20, decision by U.S. Immigration and Customs Enforcement to rescind its “sensitive locations” policy, which previously offered protections for schools, hospitals, and places of worship from immigration enforcement. In light of that move, Delaware reaffirmed its legal and constitutional commitment to ensuring equal access to public education for all children, regardless of immigration status.
Under federal law, including the Supreme Court’s 1982 Plyler v. Doe decision, public schools cannot deny access based on immigration status. Delaware’s Equal Accommodations Law also prohibits discrimination based on race, age, national origin, disability, or other personal characteristics.
On Feb. 5, the Delaware Department of Education released guidance and action steps for districts and charter schools to take to protect immigrant students.
“Our students and educators deserve to live without the fear of threats to their education and safety. As the representative of one of the most diverse districts in the State, there is no room for uncertainty when our community members come to us asking for guidance,” said Rep. Josué Ortega.
The Delaware State Education Association, the Delaware Department of Justice, and the Department of Education supported the drafting and passage of the resolution. The House passed HCR 20 by voice vote last week. The Senate approved the measure unanimously Tuesday.