Bill would restrict undocumented driver info sharing with ICE 

Why Should Delaware Care? 
A recent bill would restrict information sharing between the DMV and ICE in an effort to protect undocumented Delawareans. The legislation comes as the Trump administration recently sued New York over a similar privacy law, as it sought undocumented residents’ personal information. 

Democratic lawmakers introduced a bill in early March that would restrict Delaware Division of Motor Vehicles officials from sharing undocumented drivers’ immigration status and other personal information with law enforcement, without the approval of Delaware’s Attorney General or a valid court order.

The bill is in response to worries by immigration advocates and lawmakers over potential Trump administration demands for personal information from Delawareans with driving privilege cards – which are credentials designed for undocumented immigrants.  

The legislation, called House Bill 60, also highlights how Delaware law currently allows the DMV to share Delawareans’ information with an array of entities, including federal law enforcement and even licensed private investigators. 

But, the extent that the division – or its parent agency, the Delaware Department of Transportation – does so is not clear. 

Asked if DelDOT officials share such data with agents from the U.S. Immigration and Customs Enforcement (ICE), DelDOT spokesman Charles “C.R.” McLeod said they have not been contacted by that agency “this year for information about driving privilege cardholders.” 

McLeod did not answer questions about whether state officials shared data with ICE between 2018 and 2024. In 2019, the News Journal reported that McLeod said that the DMV worked with federal investigators only for criminal inquiries. 

Gov. Matt Meyer has already restricted Delaware State Police’s assistance with ICE operations under most circumstances.

What are driving privilege cards?

Delaware is one of nearly 20 states to offer driving credentials to undocumented residents. The program began in 2016 so undocumented immigrants could get car insurance, pass road tests and drive safely. The cards are only valid in Delaware.

Delaware’s driving privilege cards can’t be used to vote, or used as a passport. Applicants must pass a criminal background check, submit fingerprints and two years of tax returns in order to be eligible for the credential. 

Laws in other states that also have driving privilege cards have already limited the sharing of information from them with law enforcement. And those laws have recently drawn President Donald Trump’s ire.

In February, the U.S. Department of Justice sued the state of New York over a similar 2019 driving privilege law that restricts information sharing with the federal government. In its lawsuit, the Trump administration seeks to gain access to records of thousands of undocumented immigrants with driving privilege cards. 

In a news conference announcing the lawsuit, U.S. Attorney General Pam Bondi pointed to one provision that requires the state to alert cardholders when ICE requests data. She said that provision is unconstitutional because it “tips off” undocumented immigrants.

Delaware’s House Bill 60 has a similar provision that says “the DMV shall send notification to inform the individual what information has been ordered to be released and to whom.” 

It is not clear from the bill’s language whether the limits to information sharing would apply to people facing criminal investigations. 

What would the bill do?

Under the current Delaware law, the DMV can release personal driver information to any government or law enforcement agency carrying out its functions. The department can also release personal information for use in connection with any civil or criminal court proceedings.

Under House Bill 60, the DMV would not be able to disclose immigration or citizenship status, Social Security numbers and taxpayer identification numbers — or lack thereof. 

The bill is sponsored by three Democrats: Rep. Sean Lynn (D-Dover); Rep. Josue Ortega (D-Wilmington) and Sen. Kyra Hoffner (D-Leipsic).

In an interview with Spotlight Delaware, Ortega said the bill would prevent ICE from gaining “easy access” to personal information of undocumented Delawareans with a privilege card. 

Supporters of the bill include the Delaware Hispanic Commission, a high-profile collection of leaders serving the Latino communities in the state. 

In a statement, the group said the legislation is meant to strengthen the trust between state agencies and immigrant communities, as concerns over the “misuse” of personal data have created fear and reluctance among eligible privilege card applicants.

“This legislation is about trust and fairness,” said Carlos de los Ramos, chair of the Delaware Hispanic Commission, in a written statement.

Opponents of House Bill 60 include Republican Rep. Bryan Shupe, who said in a statement sent to Spotlight Delaware that the bill would take decision-making power out of local and state police’s hands, adding “bureaucratic delays” to their job because they would need approval from the Delaware Attorney General to access driving privilege card records. 

“In Delaware, decisions regarding law enforcement cooperation with ICE should be made by the leadership of the Delaware State Police and local municipalities — not the Attorney General,” said Shupe, who sits on the House Judiciary Committee where the bill is assigned. 

Ortega told Spotlight Delaware that he and his co-sponsors may amend the bill to limit its effects only to federal agencies.

Delaware privilege cards first went into effect in 2016 and are valid for four years. HB60 is currently awaiting consideration in the House Judiciary Committee. 

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