Delaware Attorney General Kathy Jennings has announced the release of "Know Your Rights" guidance on immigration. This document provides crucial information to individuals and organizations about their constitutional rights during interactions with federal immigration officials. The initiative underscores the Delaware Department of Justice's dedication to public safety, adherence to the rule of law, and respect for all residents' dignity and rights, irrespective of their immigration status.
"Our immigration system is undeniably broken, but fear-based policies are not the answer," stated Attorney General Jennings. "I will not tolerate violent crime in Delaware — but neither will I be intimidated or deputized for terror raids. Our job is to ensure all residents—our neighbors, coworkers, and friends—feel secure and valued under the law."
Jennings emphasized a commitment to upholding the Constitution while ensuring public safety and respecting all Delaware residents' humanity. She noted that her focus remains on addressing violent crime, gang violence, and gun trafficking. However, she stressed that it does not enhance public safety to frighten families or discourage witnesses from reporting crimes.
The guidance issued by the Delaware DOJ is intended solely for informational purposes and outlines constitutional protections under the Fourth Amendment. It clarifies the rights and privileges of all Delaware residents regardless of their immigration status.
Immigration enforcement remains a federal responsibility. Although local law enforcement can voluntarily enter formal agreements with U.S. Immigrations & Customs Enforcement (ICE) under the Immigration & Naturalization Act for training and supervision, no such agreements existed with any Delaware law enforcement agency as of December 2024.
"Our work is about keeping Delawareans safe and upholding the principles that make our country great," AG Jennings continued. "America is a nation of immigrants: when we see immigrants, we are seeing our past as much as our future. Dreamers, immigrant families, and American children of migrant parents enrich our communities and deserve the opportunity to thrive."
This guidance follows other actions taken by AG Jennings aimed at protecting immigration-related laws. On January 15th, Jennings joined colleagues from other states in filing efforts to defend health insurance access for Dreamers who arrived in America as children. Additionally, less than a week later, Delaware filed suit against an Executive Order targeting birthright citizenship; this order was temporarily restrained by a federal court.
The Know Your Rights guidance is available for download on the Delaware DOJ’s website at de.gov/kyr.