A federal judge in Delaware has ordered the Delaware Department of Labor to comply with an administrative subpoena issued by federal immigration authorities, concluding that the request for employer wage records is lawful and enforceable.
The ruling, issued April 13, 2026, by Chief U.S. District Judge Colm F. Connolly, grants a petition filed by the United States seeking enforcement of a subpoena tied to an immigration-related worksite investigation.
According to the memorandum opinion, the subpoena was issued by Homeland Security Investigations, a component of the Department of Homeland Security, and sought quarterly wage reports filed with the state by fifteen Delaware businesses. The records, which include employee names, Social Security numbers, and wage data, were requested as part of an investigation into potential employment of unauthorized workers.
The Delaware Department of Labor declined to comply with the subpoena after it was served in April 2025, prompting federal prosecutors to seek court enforcement. The court found that the agency did not respond to follow-up communications and failed to produce the requested records, leading to the filing of the petition in July 2025.
In the decision, the court determined that federal immigration authorities have broad statutory power to issue administrative subpoenas in connection with enforcing immigration laws. The judge found that the government met all required legal standards, including demonstrating that the investigation has a legitimate purpose and that the requested records are relevant to that purpose.
The opinion also rejected arguments raised by the state agency that compliance would interfere with Delaware’s unemployment compensation system or discourage employers from submitting required wage reports. The court described those concerns as unsupported and concluded that producing the limited number of records requested would not be unduly burdensome.
Additionally, the court ruled that federal law preempts any conflicting state confidentiality provisions, meaning Delaware cannot rely on state statutes to refuse compliance with a valid federal subpoena.
The judge further dismissed claims that the subpoena was issued for an improper or politically motivated purpose, stating that such arguments fall outside the scope of the court’s review.
The ruling concludes that the subpoena is valid and enforceable, and an order compelling compliance will be issued.
