DELAWARE - The State of Delaware is challenging a federal court order that would require the state to turn over detailed employment records to U.S. Immigration and Customs Enforcement, setting up a legal fight over worker privacy and federal authority.
Gov. Matt Meyer said Tuesday the state and the Delaware Department of Justice will appeal an April 13 ruling directing the Department of Labor to comply with a federal administrative subpoena seeking wage and identification data from 15 businesses.
"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," said Governor Meyer.
According to the state, the subpoena seeks names, addresses, wage records and Social Security numbers as part of a federal investigation into alleged employment of undocumented workers.
State lawmakers voiced support for the appeal.
"Unfortunately, the Trump administration has continued to target communities like mine. We’ve seen increased ICE activity in our neighborhoods, even in places like our local Wawa," said Rep. Madinah Wilson-Anton.
The federal judge that ordered the state to comply, Colm F. Connolly, noted in his ruling that employers are already required by law to submit wage reports and that federal regulations allow such information to be shared with agencies that have subpoena authority.
The administration worked with the DOJ to file an appeal with the U.S. Court of Appeals for the Third Circuit. The state will also seek relief to delay enforcement of the order while the appeal is pending.
