This article has been updated to include additional comments from Rep. Mara Gorman provided to CoastTV News, information about House Substitute 1 for HB 368 filed on May 12, and statements from the Delaware Association of Chiefs of Police and the Delaware Department of Correction.

DOVER, Del. - State Rep. Mara Gorman (D-District 23) announced she is withdrawing House Bills 366 and 367 after recent federal court rulings blocked similar laws in California, while continuing efforts to advance House Bill 368.

HB 366 would have barred law enforcement officers, including federal agents, from wearing masks or face coverings that conceal their identity during most operations. Exceptions included medical needs, undercover work, and high-risk situations.

HB 367 would have required Delaware law enforcement agencies to adopt and publicly post policies requiring officers to clearly display identification, including their name, badge number, or agency, while on duty.

Gorman told CoastTV News she decided to withdraw the bills after court rulings and ongoing legal challenges raised concerns about whether the measures would ultimately hold up in court.

"I decided to do that because we had originally thought that the bills would be constitutional, because in California, they had... passed similar bills, and they were declared unconstitutional because they didn't include local law enforcement. They just included ICE, and our bills, both 366 and 367, dealt with local law enforcement as well as the Department of Homeland Security," Gorman said.

"The day that we had the hearing on the bills, there was another ruling that said, 'No, even if you include local law enforcement, it violates the Supremacy Clause,' and in addition to that, the Trump administration is actually now currently suing New Jersey, which had similar laws that they signed into effect," Gorman said. "It just felt to me like I didn't want to waste time, resources, and energy on something that was probably just going to end up in the courts and never actually be enforced anyway."

In a statement, Gorman said, "The decision to withdraw HB 366 and HB 367 is not a signal of capitulation, but a deliberate choice to assess what state powers we can lawfully draw upon to protect Delaware residents."

The bills were introduced on April 16 and were part of an hours-long House Judiciary Committee hearing on April 22.

Members of the community, including Latinos and advocates, spoke in support of the bills during the hearing.

Law enforcement leaders also weighed in during public comment. Marvin Mailey Jr., executive director of the Delaware Association of Chiefs of Police, said local officers already do not wear masks, calling HB 366 repetitive. Mailey also said HB 368 creates what he described as a "directional operational conflict" by restricting cooperation with federal partners. The association further expressed concerns that provisions in the bill could put certain federal funding at risk if HB 368 becomes law.

In a statement to CoastTV News, the Delaware Association of Chiefs of Police said in part, "Delaware law enforcement agencies already operate under extensive policies, procedures, accreditation standards, and oversight mechanisms that govern professional conduct, accountability, constitutional policing, and interactions with the public. Through mandatory state accreditation standards, agency policies, legal review, and ongoing training requirements, Delaware has already established one of the most comprehensive law enforcement regulatory frameworks in the nation. Legislators have missed an opportunity to recognize and reinforce these existing mechanisms as a meaningful way to help ease the concerns of vulnerable communities while continuing to support transparency, accountability, and professional policing standards throughout Delaware."

"Our opposition to certain proposed legislation is not rooted in resistance to accountability or community engagement. Rather, it is based on the concern that legislation is increasingly being drafted in a manner that implies local and state law enforcement agencies require additional 'guardrails' to act professionally, lawfully, or ethically," the statement continued. "That implication can potentially damage public confidence and undermines the professionalism of officers who have honorably served Delaware communities for decades."

The statement also said, "State and local law enforcement agencies maintain important working relationships with our federal partners to address violent crime, drug trafficking, human trafficking, gang activity, fugitive apprehension, and other threats to public safety. Legislation that unnecessarily erodes those partnerships, or creates the public perception that local agencies cannot be trusted without additional statutory restrictions, ultimately harms collaboration, weakens public safety efforts, and diminishes the trust communities place in the officers serving them."

The Delaware Association of Chiefs of Police said it remains committed to transparency, accountability, and constitutional policing, while supporting existing professional standards governing law enforcement in Delaware.

Gorman responded to the funding concerns in an interview with CoastTV News.

"I'm not really sure what their concerns are about funding. We haven't seen that be a problem, and this bill, that law is actually in force in other states. So we're not doing something that other states haven't done, some of them as early as 2019," Gorman said. "I don't have that particular concern, and the bill is completely constitutional because we're not dealing with federal agents. We're only dealing with our own Department of Corrections and law enforcement."

HB 368 passed out of the House Judiciary Committee on Wednesday, May 6.

House Substitute 1 for HB 368, filed on Tuesday, May 12, keeps the core provisions of the original bill while clarifying that law enforcement officers can make limited inquiries about a person’s country of citizenship to comply with consular agreements. The substitute also adds language specifying that contact with federal immigration authorities is only allowed in certain circumstances outlined in the bill and includes technical corrections.

The legislation would limit how Delaware law enforcement agencies and correctional officers cooperate with civil immigration enforcement. It would prohibit detaining or extending the detention of someone based only on an immigration detainer or civil immigration warrant, with exceptions for people convicted of certain crimes, including violent felonies, sex offenses, repeated DUI offenses, and domestic violence crimes.

The bill would also limit other law enforcement cooperation with civil immigration enforcement, require reports from agencies, and give the Delaware Attorney General investigative and enforcement powers.

The Delaware Department of Correction (DOC) told CoastTV News it does not have concerns if the legislation moves forward.

"When individuals are committed by a court to Delaware Department of Correction custody or are sentenced by a court to Probation supervision, the DOC, as part of the intake process, conducts CJIS/NCIC background checks to identify new charges, warrants, or other law enforcement alerts," the department said in a statement.

"If a federal warrant or detainer is identified during that check, including a federal immigration warrant or detainer, DOC makes contact with the appropriate federal authorities for review and confirmation," the statement continued. "In all cases, DOC's role is limited to identifying and communicating verified warrants or detainers and complying with established policy and legal requirements. DOC does not determine immigration status or initiate enforcement actions independently."

The department also said Delaware DOC does not have a contract with ICE to hold federal immigrant detainees.

Gorman told CoastTV News that House Substitute 1 for HB 368 reflects changes made based on feedback received. She said she hopes the bill will reach the House floor soon.

"We would not be the state that we are without immigrants, and I want to make sure I can do everything in my power to protect them," Gorman said.