Bill Limiting Civil Arrests in Courthouses Passes Delaware House
March 25, 2026/
Delaware’s House of Representatives has passed a bill that would prevent civil arrests—such as those related to immigration enforcement—from taking place in courthouses or certain labor hearing offices unless law enforcement has a judicial warrant or gives proper notice. Supporters say the goal is to ensure people feel safe showing up for court proceedings, whether they’re defendants, witnesses, or observers, and to keep the justice system running smoothly. The bill would not apply to criminal arrests and still allows civil arrests with a judge’s approval. The measure, HB 150, now heads to the State Senate for consideration.
Additional Information from Legislative Hall:
HB 150 aims to uphold the rights of Delaware courts and ensure their proper functioning as a facet of Delaware’s government and justice system, as allowed under that precedent.
It extends those protections to Department of Labor Offices where the Delaware Industrial Accident Board meets, as those are sensitive proceedings where evidence is received and adjudicated relating to the rights of employers, workers, and insurers.
Under HB 150, no person may be subject to civil arrest while:
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Going to, remaining at, or returning from a courthouse for matters related to a judicial proceeding.
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Participating in or attending a judicial proceeding as a party, witness, attorney, or observer.
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Going to, remaining at, or returning from the Office of the Delaware Industrial Accident Board for matters related to a workers’ compensation administrative proceeding.
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Participating in or attending an administrative proceeding of the Delaware Industrial Accident Board as a party, witness, attorney, or observer.
This prohibition applies to the immediate surroundings of the courthouse or the Office of the Delaware Industrial Accident Board, including any public entryways, driveways, sidewalks, parking areas, and grounds intended to serve the courthouse or the Office of the Delaware Industrial Accident Board.
Importantly, HB 150 explicitly does not protect against criminal arrests or arrests pursuant to a judicial order. If a law enforcement officer provides the presiding judge or administrative officer written notice of the arrest in advance, they are permitted to make a civil arrest in the otherwise prohibited spaces outlined above.
If a person is arrested or detained in violation of HB 150, they may seek a writ of habeas corpus.