Gov. Matt Meyer says the state and Delaware Department of Justice will challenge the decision requiring the state to provide immigration officers with previously requested employee wage and identification records.
A federal administrative subpoena sought employment data from 15 Delaware businesses as part of an immigration investigation, and the court order requires Delaware comply with that subpoena.
Gov. Meyer called the subpoena federal overreach, saying in a statement he’ll continue to fight against it and “unlawful immigration enforcement.” He adds he believes the decision turns 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.” he said in a statement.
Federal Chief Judge Colm Connolly held that Homeland Security Investigations, which issued the subpoena, had a legitimate reason for doing so, and the Delaware Department of Labor could not refuse to provide the information.
State lawmakers spoke against the ruling as well, saying the action from ICE was not about transparency, but rather an attempt to exert control.
“I’m proud to represent one of the most diverse districts in Delaware, but with that comes a responsibility to speak up when our communities are being impacted. Unfortunately, the Trump administration has continued to target communities like mine." said Rep. Madinah Wilson-Anton.
“I support the efforts of Governor Meyer and Attorney General Jennings to protect workers across our state from unnecessary surveillance and overreach by ICE and the Trump Administration.” said Sen. Marie Pinkney
US Attorney for the District of Delaware Ben Wallace said in a statement the state has historically complied with federal subpoenas, and argues it is refusing to do so here for political reasons, not legal ones.
The Delaware Department of Justice has filed an appeal in the US Court of Appeals Third Circuit and officials say they’re seeking delayed enforcement of the order while the appeal is pending.
