Delaware Immigration Law Guide — Rights & Resources

Delaware does not have a statewide sanctuary law, but the state and several localities including Wilmington have adopted policies limiting voluntary cooperation with ICE civil detainers absent a judicial warrant. Delaware law enforcement agencies are not required to detain individuals solely on the basis of ICE administrative detainers. The state has generally taken an inclusive approach to immigrant communities.

Delaware requires applicants to demonstrate lawful presence for a standard, federally compliant driver's license. Some applicants who cannot document lawful presence may be eligible for a separate credential valid for driving privileges only, subject to statutory eligibility requirements; confirm current eligibility rules with a lawyer.

Delaware does not have a general statute extending in-state tuition to undocumented students. Students must demonstrate lawful immigration status for resident tuition purposes at public institutions. DACA recipients with valid work authorization may qualify for in-state tuition at certain institutions depending on domicile determinations.

Delaware does not appear to have a statute requiring all private employers to use E-Verify. Some state agencies use E-Verify under administrative policy, and some state contracts include E-Verify requirements; whether a particular agency or public contractor must participate depends on the applicable policy or contract. Confirm current requirements with a lawyer.

The Immigration and Nationality Act §8 U.S.C. 1101 governs admission, removal, Naturalization, and work authorization. The Fair Debt Collection Practices Act §15 U.S.C. 1692 protects all consumers regardless of immigration status. Under the Fourth and Fourteenth Amendments, all persons in the United States — including noncitizens — have constitutional protections.