Donate

A wall of protection: Delaware lawmakers move to shield immigrant families from federal scrutiny

Your browser doesn’t support HTML5 audio

(Charles Reed/U.S. Immigration and Customs Enforcement via AP)

From Philly and the Pa. suburbs to South Jersey and Delaware, what would you like WHYY News to cover? Let us know!

For 14 years, Maria Jose Nolasco Ramírez has lived in Delaware with her children, quietly navigating everyday life with a growing fear behind the wheel.

For undocumented immigrants like Nolasco Ramírez, driving without a license is often not a choice — it’s a necessity. In many parts of Delaware, especially in rural and suburban areas, public transportation is limited or nonexistent. Parents still need to take their children to school, get to work or attend medical appointments. For years, she took that risk every day.

Nolasco Ramírez came to the U.S from Guatemala after fleeing abuse and seeking safety. She made the journey through the desert, determined to find peace and opportunity for herself and her American children. But in Delaware, like many undocumented immigrants, her lack of legal status limited nearly every part of life: employment, healthcare, homeownership and transportation.

“Con todo eso que se escucha que migración, tienes miedo de salir… más que todo tengo tres hijos … tal vez por un tiempo estén solos. Pero el país de ellos es aquí. Entonces, las oportunidades de ellos están aquí, y para que ellos tengan esas oportunidades, necesitan un apoyo”, ella dijo.

“With all this stuff you hear about immigration, you’re afraid to leave … more than anything, I have three children … maybe they’ll be alone for a while. But their home country is here. Their opportunities are here, and for them to have those opportunities, they need support,” she said.

Her anxiety followed her everywhere, bracing every time she saw flashing lights. Then in 2015, Delaware introduced the Driving Privilege Card, a limited-use driver’s license for undocumented immigrants.

“Antes de que dieran esta licencia para nosotros las personas sin documentos, era bien difícil porque yo tenía ticket atrás ticket atrás ticket, por no tener licencia”, ella dijo. “Estuve en riesgo de terminar presa.”

“Before they gave us undocumented people this license, it was very difficult because I had ticket after ticket after ticket, for not having a license,” she said. “I was at risk of ending up in jail.”

When she finally earned her card, it changed everything.

“Yo me puse con mucho empeño a estudiar, estudiar, estudiar para aprender el examen porque [yo] no tenía mucha idea de todas las reglas de aquí. Cuando yo fui y pasé el examen, fue el día más feliz de mi vida … yo lloré como una niña chiquita”, ella dijo. “[Lo que] pasa por tu mente [son] todos esos años que estuviste manejando con miedo … que siempre que te paraba el policía te decepcionas más. Eran momentos que pensabas que si valía la pena estar aquí.”

“I worked really hard to study, study, study to learn the exam because I didn’t have much of an idea of ​​all the rules here. When I went and passed the exam, it was the happiest day of my life … I cried like a little girl,” she said. “What goes through your mind are all those years you were driving in fear … that every time the police stopped you, you became more disappointed. Those were moments when you wondered if it was worth it to be here.”

New protections for a vulnerable community

Despite the relief, fear lingers. Nolasco Ramírez and many others worry that the personal information they submitted to the Delaware Division of Motor Vehicles – like their address, fingerprints, or full legal name – could be accessed by federal immigration authorities.

“Sé que el gobierno tiene acceso a todo eso … hay mucha gente que por miedo no quiere tenerla”, ella ańidio sobre la licencia. “A mi ex marido [migración oficiales] llegó a la casa y lo arrestaron como un criminal, como un animal … mis hijas presenciaron cuando migración se llevó a su papá. No quiero que ellas pasen por la misma experiencia.”

“I know the government has access to all of that … there are many people who, out of fear, don’t want [the Driving Privilege Card],” she added. “My ex-husband, [immigration officers] came to the house and arrested him like a criminal, like an animal … my daughters witnessed when immigration took their father. I don’t want them to go through the same experience.”

That fear is fueling support for a new package of legislation in Delaware aimed at strengthening privacy protections for undocumented residents. Among them is House Bill 60, which would restrict law enforcement and state agencies from sharing DMV data with federal immigration authorities unless there is a court order or explicit approval from the attorney general.

“This bill aims to protect the privacy of all undocumented individuals holding driving privilege cards,” said Rep. Jose Ortega, who represents Wilmington’s third district. “It restricts the release of their personal information and allows disclosure only with a valid court order or approval from the Delaware attorney general’s office.”

The legislative package also includes House Bill 58, which would prohibit law enforcement from arresting, detaining or prolonging detention of individuals based on actual or suspected immigration status, civil immigration warrants or federal civil immigration violations. Lawmakers could also consider House Bill 95, which would prevent schools and educational agencies from disclosing information about students or families to federal immigration authorities unless legally required.

Supporters argue these protections are essential in preventing federal agents from using state data to track down and deport undocumented residents, especially those who have come forward to comply with state laws.

“We’re trying to fill in these pockets where it’ll make it long-term for the feds to be able to react then short-term, basically,” Ortega explained. “Because I don’t want any constituents to suffer — not a mom, not a dad, not a family.”

A personal and political mission

The legislative package was originally proposed by state Rep. Sean Lynn. Ortega, the only Latino currently serving in Delaware’s House of Representatives, immediately signed on as co-sponsor. He said the legislation reflects both his roots and responsibilities.

“Yo pienso que nosotros también nos merecemos los derechos que tiene todo el mundo”, Ortega dijo. “Por eso estoy aquí peleando y seguiré peleando para siempre.”

“I think we also deserve the rights everyone else has,” Ortega said. “That’s why I’m here fighting, and I’ll keep fighting forever.”

“When [Rep. Lynn] said to me, ‘I want to do a package for undocumented people,’ I said, ‘Of course,’” Ortega said. “I felt the need to be part of this being Latino and standing up for the Latino community.”

House Bill 58, which is still undergoing revisions, aims to ban cooperation with civil immigration detainers — requests from federal agencies like U.S. Immigration and Customs Enforcement that are not criminal warrants.

“This one is just, there’s no stop-and-question to search and detain any individual based on actual or suspect citizenship or immigration status,” Ortega said. “There’s a couple of things that we have to probably tweak on this one. It hasn’t passed the committee yet.”

If passed, Delaware would join a growing list of states seeking to draw clear lines between local policing and federal immigration enforcement.

The third bill, House Bill 95, targets educational institutions, preventing districts from sharing information about students and their families with federal agents — mirroring the protections proposed for the DMV.

“The education one just prevents federal agents [from] being able to go to schools and get information the same as the DMV,” he said. “You can’t get access to anything from parents or what kid goes to [what] school so they can do their investigation through that.”

The bill is part of a broader push to ensure immigrant students and their families feel safe and secure when accessing education. In February, the state issued guidance through the Department of Education offering resources to school districts and families on immigrant student rights, including a sample policy affirming a commitment to protecting all students.

Ortega’s legislative work goes beyond immigration policy. He also has another bill in development that would require all state government websites and services to be accessible in multiple languages, a move aimed at increasing transparency and access for Delaware’s immigrant population.

With immigrants and the Latino community comprising a large portion of Delaware’s population, Ortega said he believes in the power of unity — and the need for visibility.

“I want the Latino community to know that we are stronger together and I believe that where one or more people unite, that’s where the strength is at. It’s all about working together,” Ortega said.

Get daily updates from WHYY News!

Sign up
Share

Recent Posts