AG Jennings Releases “Know Your Rights” Guidance on Immigration

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Delaware Attorney General Kathy Jennings today announced the release of Know Your Rights on Immigration guidance which she says provides vital information to individuals and organizations on their constitutional rights during interactions with federal immigration officials. This initiative is said to reflect the Delaware DOJ’s commitment to public safety, the rule of law, and the dignity and rights of all residents — regardless of their immigration status. Attorney General Jennings acknowledged that the immigration system is broken, but she says fear-based policies are not the answer–adding that she will not be intimidated or deputized for terror raids. Jennings also says she will not tolerate violent crime in Delaware–adding that their job is to ensure all residents–neighbors, coworkers, and friends–feel secure and valued under the law. 

Additional Information from the Delaware AG’s Office:

“We believe in the rule of law, and that means defending the Constitution, ensuring public safety, and respecting the humanity of all Delaware residents. My focus remains tackling violent crime, gang violence, and gun trafficking—and make no mistake, people who commit crimes and endanger our community will be arrested and deported, full stop. But it does not advance public safety to terrify families, to make witnesses think twice about reporting crime, or to undermine public trust in law enforcement.” 

The Delaware DOJ does not provide individual legal advice and is issuing Know Your Rights guidance purely for informational purposes. The guidance outlines constitutional protections under the Fourth Amendment and clarifies the rights and privileges of all Delaware residents, regardless of immigration status. 

Immigration enforcement is a federal prerogative. While the Immigration & Naturalization Act provides a voluntary mechanism for local law enforcement to enter formal agreements to receive training and supervision from U.S. Immigrations & Customs Enforcement (ICE), no Delaware law enforcement agency had any such agreement in place 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 the American children of migrant parents enrich our communities and deserve the opportunity to thrive.” 

The Know Your Rights guidance is the latest in a series of actions AG Jennings has taken to protect and enforce the rule of law on immigration. On January 15, Jennings and her colleagues in other states filed to defend health insurance access for so-called Dreamers, who arrived in the United States as children and have grown up in the United States.  Less than a week later, Delaware filed suit to defend American citizens’ 14th Amendment rights from a flagrantly unconstitutional Executive Order targeting birthright citizenship; a federal Court later intervened against the Executive Order with a temporary restraining order.   

Know Your Rights guidance for immigrant communities, along with the LGBTQ community, is available for download on the Delaware DOJ’s website at de.gov/kyr. 


 

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