DOVER, Del.- The State of Delaware is appealing a federal court ruling that would require the state’s Department of Labor to turn over employee records to immigration authorities.
An April 13 ruling orders the Delaware Department of Labor to comply with a federal administrative subpoena from U.S. Immigration and Customs Enforcement seeking employment records from 15 Delaware businesses as part of an investigation into the alleged hiring of undocumented workers.
“Congress gave HSI the authority to issue administrative subpoenas within its area of responsibility,” U.S. Attorney Benjamin L Wallace said following the initial court order for Delaware’s compliance earlier this month. “Delaware’s state agencies have historically complied with federal subpoenas, as they are required to do by law. But here, a state agency refused to comply—not for legal reasons, but for political ones. That could not stand, so we sued to enforce the subpoena. We are gratified that the Court recognized the simple truth at the core of this case: federal law applies to everyone, whether they are a state or private entity, and whether they agree or disagree with the federal government’s policy priorities.”
According to Delaware officials, the requested records include sensitive information such as names, addresses, Social Security numbers, and wage data.
Governor Matt Meyer announced Tuesday that the state, along with the Delaware Department of Justice, has filed an appeal challenging the decision.
“I will continue to go as far as the law allows to fight federal overreach and unlawful immigration enforcement,” said Governor Matt Meyer. “This is not a time to stand down but to step up for the most vulnerable in our community and to protect businesses and workers in our state. This is not about public safety. It is about turning worker information into a data pipeline for ICE. It is un-American, and Delaware will have no part in it. Because the moment workers fear their information will be used against them, the whole system breaks down. In Delaware, we protect workers. We don’t set traps.”
Democratic state lawmakers also voiced support for the appeal, citing concerns about privacy and the potential impact on immigrant communities. Supporters say the move is necessary to protect workers, while critics of the federal action argue it could discourage people from reporting labor issues or participating in the workforce.
The case will now move to the U.S. Court of Appeals for the Third Circuit. Delaware officials say they will also seek to delay enforcement of the order while the appeal is pending.
Further updates are expected as the legal challenge moves forward.
