AG Jennings Responds to the Third Circuit’s Order that the State Comply with the Immigration Subpoena
Published Date: May 29, 2026
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AG Jennings released the following statement in response to the Third Circuit Court of Appeal’s order on Wednesday that the Delaware Department of Labor provide employment records to the U.S. Department of Homeland Security Investigations.
“The Court has spoken, and with no viable alternative before us the State must honor its ruling — but this was a fight worth losing on our feet. This was not just a question of what the law demands, but of what our conscience permits. We cannot pretend that the legal question is narrowly limited to just a handful of employers and records; the context and intent of the policy behind it is inseparable from the demand itself. The federal government is using its subpoena authority as a fig leaf for naked racial profiling.” -AG Jennings