Delaware Code § 11-9425

Prohibition against detaining a witness exclusively for immigration violation or to turn over to
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federal immigration authorities absent warrant.
(a) It is the public policy of this State to protect the public from crime and violence by encouraging all persons who are witnesses to
crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize
these persons for cooperating with the criminal justice system.
(b) If an individual is a witness to a crime or can otherwise give evidence in a criminal investigation, a law-enforcement officer may
not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration
authorities absent a judicial warrant or a valid court order.

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