WILMINGTON, Del. - A federal judge has ruled that the Delaware Department of Labor must comply with a Homeland Security subpoena seeking wage records from multiple businesses as part of an immigration enforcement investigation.
In a memorandum opinion issued April 13, Chief U.S. District Judge Colm F. Connolly granted the federal government’s petition to enforce the subpoena, rejecting the state agency’s arguments that producing the records would be improper or burdensome.
The case centers on a 2025 subpoena issued by Homeland Security Investigations, which sought quarterly wage reports for Delaware businesses. Federal agents said the records were needed to follow up on leads involving companies accused of employing people not authorized to work in the United States.
The Delaware Department of Labor did not respond to the subpoena and later opposed it in court, arguing that releasing the information could undermine trust with employers and threaten the state’s unemployment insurance system.
Connolly noted 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.
According to the opinion, Connolly said that he did "not understand DDOL to be currently taking the position that it would be unduly burdensome for it to locate and copy the records covered by the subpoena."
Connolly concluded that the investigation has a legitimate purpose and that the requested records are relevant to enforcing immigration law.Â
