Upstate legislators take aim at Avelo Airlines

Two upstate legislators have filed legislation aimed at Avelo Airlines over its business relationship with the U.S. Immigration and Customs Enforcement.

The legislation filed by Sen. Ray Seigfried, D-Arden, and Rep. Mara Gorman, D-Newark, discourages the Delaware River and Bay Authority from engaging in business relationships with companies that contract with ICE for the purposes of deporting undocumented people.

Avelo Airlines, a commercial airline that flies out of Wilmington Airport, has entered into contracts with ICE to operate charter flights for the purpose of transporting detainees. Officials say many of the detainees have not been afforded due process during their deportation.

Senate Concurrent Resolution 123 urges the DRBA to prohibit any agreements or contract for any incentives to businesses engaged in contractual relationships with ICE that facilitate the deportation of individuals who have not been afforded sufficient due process protections.

A 1962 compact between New Jersey and Delaware led to the creation of the DRBA, a bi-state government agency that owns and operates several transportation hubs across the two states. This compact establishes the DRBA as an independent authority, which empowers it to manage, finance and operate its own facilities. 

Because the legislature cannot compel the DRBA to act, officials said, lawmakers introduced Senate Bill 207 to amend Delaware Code to allow for the enforcement of accountability standards regarding immigration removals at state airport facilities.

If passed, the bill would prohibit the Department of Transportation from contracting with airlines or transportation providers for the use of state-owned airport facilities if they knowingly transport individuals detained by ICE for deportation without a valid judicial warrant or demonstration of due process. This would be enforced by the Delaware Department of Justice.

Secondly, the bill would disqualify commercial airlines from receiving the aviation jet fuel tax exemption for economic development if they transport ICE detainees for deportation without meeting the same standards regarding judicial warrants and due process.

SB 207 and SCR 123 were filed Dec. 18, and will be considered during the 2026 legislative session, which begins on Tuesday, Jan. 13.