Delaware Leaders Respond to Third Circuit’s Order that the State Comply with Immigration Subpoena

In response to the Third Circuit Court of Appeal's order on Wednesday that the Delaware Department of Labor provide employment records to the U.S. Department of Homeland Security Investigations (HSI), Governor Matt Meyer and Attorney General Kathy Jennings released the following statements.

Governor Matt Meyer stated:

"Federal overreach into state governments and immigrant communities needs to stop. I have fought for the last 15 months to protect our small businesses, immigrant communities, and state agencies from the President's demented immigration agenda. Fifteen months ago, in an unprecedented action, the federal government subpoenaed sensitive employment information about local businesses, targeting those with Spanish language names, and their employees. We fought this abuse of power in court.

"We will not stop fighting against Trump Administration actions that hurt Delawareans and our businesses. We will not stop fighting bias and discrimination in our communities, even when it comes from the federal government."

Attorney General Kathy Jennings stated:

"The Court has spoken, and with no viable alternative before us the State must honor its ruling - but this was a fight worth losing on our feet. This was not just a question of what the law demands, but of what our conscience permits. We cannot pretend that the legal question is narrowly limited to just a handful of employers and records; the context and intent of the policy behind it is inseparable from the demand itself. The federal government is using its subpoena authority as a fig leaf for naked racial profiling.

"The public has lost faith in this Administration's immigration agenda, and with the violent crackdowns that have accompanied it, precisely because they have seen the rhetoric of public safety and border security give way to the targeting of families, workers, neighbors, and even American citizens who pose no threat to our communities. It is inhumane, destructive to the confidence of workers and small businesses alike in the State's civil authority, and contrary to the moral code not only of the State's leaders but of the American citizens who elected us. This cannot become who we are."

The Third Circuit's Wednesday ruling denied the State's request to delay compliance with an HSI subpoena demanding employment records from the Delaware Department of Labor (DOL). The case stems from a series of HSI subpoenas sent to DOL in the first half of 2025 demanding employment records for 15 Delaware businesses, several with Spanish-sounding names. Court proceedings uncovered that the subpoenas were based on anonymous tips. The case has been pending in the federal courts - first the Delaware District Court and then the Third Circuit - since last summer. In April 2026, Delaware District Court Chief Judge Colm Connolly ordered that the DOL comply with the subpoena. The State appealed and also moved to stay the order in both district court and the Third Circuit. Wednesday's order requires the DOL to provide the documents.

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