DELAWARE - Delaware leaders, including Gov. Matt Meyer and Attorney General Kathy Jennings, responded after a federal court ordered the state to release employment records to federal immigration authorities following a subpoena dispute that has moved through federal district and appellate courts.
The decision follows a ruling by the U.S. Court of Appeals for the Third Circuit denying the state’s request to delay enforcement of a subpoena issued by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations division.
The subpoenas, issued in 2025, sought employment records from the Delaware Department of Labor tied to 15 businesses in the state. The state challenged the requests in federal court, arguing they were based on anonymous tips.
U.S. District Court Chief Judge Colm Connolly previously ordered the state to comply with the subpoena. The state appealed and sought to pause enforcement of that order, but the Third Circuit declined to grant a stay.
With the appellate court’s ruling, the Delaware Department of Labor is now required to release the requested records.
Gov. Matt Meyer and Attorney General Kathy Jennings have criticized the federal subpoenas, calling them an overreach into state systems.
Gov. Matt Meyer said the state has fought the subpoenas for more than a year, arguing they unfairly targeted immigrant communities and small businesses. “We will continue to defend Delawareans and oppose actions we believe are discriminatory,” he said in a statement.
Attorney General Kathy Jennings said the state will follow the court’s order but maintained concerns about the broader implications of the case. “We must comply with the ruling, but we continue to question the approach behind these subpoenas,” she said.
The case stems from subpoenas issued by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations division seeking employment records from the state labor agency.
State officials said the legal dispute has moved through both federal district and appellate courts.
