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 said the decision to withdraw HB 366 and HB 367 came after the Ninth Circuit Court of Appeals blocked California's law requiring officer identification, while legal challenges continue.
In a statement, Gorman said the court ruled the California law was likely preempted by the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes priority over state law.
"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," Gorman said.
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. The group also voiced concerns that provisions in HB 368 could affect funding.
HB 368 passed out of the House Judiciary Committee on Wednesday, May 6.
The bill would limit how Delaware law enforcement agencies and correctional officers cooperate with civil immigration enforcement. HB 368 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.
Gorman told CoastTV News some changes will be made to HB 368 based on feedback received. She said an amended version of the bill should be filed early next week and that she hopes HB 368 will reach the House floor soon.
We reached out to the Delaware Association of Chiefs of Police for further comment and are waiting to hear back.
