Helen Salita is a campaign manager for American Civil Liberties Union Delaware.
Since the federal administration began its cruel, nationwide mass deportation campaign, Delawareans have been clear: We do not want our law enforcement, state agencies and personnel, and local taxpayer dollars to serve the federal administration’s attempts to target our immigrant communities.
State leaders, including Gov. Matt Meyer, have responded to public outcry. In February, the governor’s office affirmed that state resources would not be used to assist federal immigration efforts “unless there are a valid court warrant and an exigent circumstance where the community is at risk.” In July, Delaware took a critical step to protect immigrant communities and the integrity of local law enforcement by banning 287(g) agreements between Immigration and Customs Enforcement and state and local law enforcement agencies. Most recently, Wilmington City Council passed a unanimous resolution opposing collaboration between the city and ICE.
However, recent news about Delaware law enforcement responding to a request from ICE for assistance in detaining a man in Seaford has demonstrated that, despite these steps, the federal government is continuing to push to enlist Delaware in its immigration enforcement program.
These vague requests for assistance to local and state law enforcement are just one way ICE weaponizes our state agencies to build its mass deportation force here in Delaware. As federal immigration enforcement continues to ramp up, Delaware cannot allow backdoor channels for collaboration with ICE to remain open.
Past assurances are not enough to keep ICE out. Gov. Meyer must be faithful to his previous commitments and issue renewed guidance that permanently closes backdoor channels for collaboration with ICE, including explicit guidance to:
Establish guidelines for assisting ICE operations
The incident in Seaford illustrates that, despite actions like banning 287(g) agreements, the rules around when and how our state and local law enforcement can cooperate with ICE remain murky. There is still no evidence that ICE had a valid judicial warrant, raising serious concerns about whether the Delaware State Police defied guidance previously issued by the governor’s office.
Gov. Meyer must issue clear guidance about when Delaware law enforcement can assist ICE operations. Inconsistent responses from state and local agencies risk undermining public safety by decreasing trust in law enforcement and diverting resources away from programs that keep our communities safe. We also run the risk of Delaware being unintentionally dragged into the federal administration’s immigration enforcement regime under backdoor, misleading pretenses that state and local law enforcement must respond to public safety threats where none exist.
Refuse to carry out ICE detainer requests
Carrying out ICE detainers is a common practice for state or local law enforcement agencies that aid ICE. Detainer requests (or immigration holds) are requests from ICE to law enforcement to facilitate the transfer of a person in their custody to immigration enforcement. Most people with ICE detainer requests have no criminal records.
This can happen in two main ways:
We know that law enforcement agencies in Delaware have previously carried out ICE detainers. During the first month of Donald Trump’s second term, 31 detainers were issued in Delaware. By carrying out ICE’s detainers, our law enforcement plays an active role in turning in our neighbors to ICE. Gov. Meyer must adopt a policy that bans Delaware law enforcement from carrying out ICE detainer requests.
Prohibit data sharing between state agencies and ICE
To fulfill the Trump administration’s promise of deporting 11 million immigrants, the federal government must be able to locate millions of immigrants. One way to find people is through the International Justice and Public Safety Network (Nlets), a data-sharing loophole that allows ICE to access sensitive personal information through state Division of Motor Vehicles databases.
Right now, 41 states, including Delaware, have chosen to make driver’s data available to ICE through Nlets. House Bill 182, which banned 287(g) agreements, originally included a provision to ban sharing data with ICE. That provision was taken out before Gov. Meyer signed the bill into law in July, leaving the door open for ICE to access many Delawareans’ personal information.
Gov. Meyer must ensure that personal information related to nationality, citizenship or immigration status is protected. By making it harder for ICE to identify immigrants, we can keep families and communities together.
While I’m grateful for the steps Gov. Meyer has taken to protect Delawareans — including our state’s immigrant communities — without renewed guidance, the door remains open for agencies in the state to collaborate with immigration enforcement.
The federal government wants us to believe that it is hopeless for us to fight back. We can’t fall for this trap. Delaware has shown time and time again that it can stand up to this administration and take bold action to protect immigrant neighbors. It’s up to Gov. Meyer and our state’s leaders to continue pushing back against Trump’s antiimmigrant agenda and ensure that Delaware does not assist with efforts that terrorize immigrant communities and tear families apart.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
