Delaware Judge Rules on ICE Data Access
A federal judge has mandated that Delaware authorities must provide sensitive employment data to Immigration and Customs Enforcement (ICE), marking a legal setback for the state amid ongoing debates about immigration enforcement.
U.S. District Judge Colm Connolly determined that the Delaware Department of Labor (DDOL) was required to comply with federal subpoenas that sought wage reports and employee records from 15 various companies. This request is part of an investigation into claims regarding the hiring of undocumented workers.
Delaware officials contended that they should refuse the request, warning that doing so could negatively affect worker reporting and state programs. However, Judge Connolly dismissed these concerns.
“This is a political discussion, not a legal one,” Connolly wrote, expressing that he wasn’t inclined to entertain arguments that sidestep the underlying legal issues. He emphasized that his role was not to consider such broad government complaints.
The records in question will include employee names, Social Security numbers, and reported wages tied to the unemployment insurance system. Federal investigators have noted that these records could help identify potentially fraudulent Social Security numbers and reveal off-the-books labor.
The judge, appointed during the Trump administration, affirmed that the subpoenas were legitimate, linked to an appropriate investigation, and would impose minimal burden on the state. Specifically, the subpoena requested records covering two quarters from the selected companies.
Connolly also rejected Delaware’s unsubstantiated claim that sharing such data would endanger the unemployment insurance system, stating outright, “I am neither willing nor able to accept DDOL’s cynical view of the state’s employers.”
This ruling is a significant hurdle for Delaware as federal immigration enforcement efforts are increasing. The court pointed out that state authorities had ignored the subpoenas and failed to respond, despite further warnings from federal prosecutors.
Benjamin Wallace, the newly appointed U.S. attorney for Delaware, remarked that the ruling underscores the broad enforcement of federal law. “I am pleased that the court recognized a simple truth at the heart of this case: Federal law applies to everyone, whether they are a state or private entity, regardless of their stance on federal policy,” he stated.
The conflict escalated in early 2025 when Delaware overlooked multiple ICE subpoenas. This led the federal government to pursue legal action for enforcement. Whether state officials will consider appealing this decision remains unclear.
