Court Orders Delaware Department of Labor to Comply with Lawfully Issued Federal Subpoena

A federal judge has ordered the Delaware Department of Labor to comply with a Homeland Security subpoena tied to an immigration-related worksite investigation. Chief Judge Colm Connolly ruled the subpoena is valid and enforceable, requiring the state agency to turn over requested records after previously refusing. Federal officials say the decision affirms the government’s authority to obtain information as part of ongoing investigations.

Additional Information from the United States Attorney’s Office–District of Delaware

On April 13, 2026, Chief Judge Colm F. Connolly granted the United
States’s Petition to Enforce a Department of Homeland Security Administrative Subpoena issued
to the Delaware Department of Labor.
Last year, Homeland Security Investigations (“HSI”) issued an administrative subpoena to the
Delaware Department of Labor (“DDOL”) seeking documents for several specified Delaware
businesses as part of an ongoing immigration-related worksite enforcement investigation being
conducted by HSI. DDOL refused to provide the documents demanded by the subpoena. As a
result, the United States filed suit seeking to enforce the subpoena. In his ruling, Chief Judge
Connolly held that HSI’s investigation had a legitimate purpose, that the administrative subpoena
sought information relevant to its investigation, and that the subpoena was not unreasonably broad
or burdensome. As a result, Chief Judge Connolly held that HSI’s administrative subpoena was
valid and enforceable. DDOL must now comply with the subpoena and produce the documents
demanded therein.
U.S. Attorney Benjamin L. Wallace stated, “Congress gave HSI the authority to issue
administrative subpoenas within its area of responsibility. Delaware’s state agencies have
historically complied with federal subpoenas, as they are required to do by law. But here, a state
agency refused to comply—not for legal reasons, but for political ones. That could not stand, so
we sued to enforce the subpoena. We are gratified that the Court recognized the simple truth at
the core of this case: federal law applies to everyone, whether they are a state or private entity, and
whether they agree or disagree with the federal government’s policy priorities.”
Special Agent in Charge Eric McLoughlin stated, “HSI is committed to upholding the integrity of
our nation’s labor laws and ensuring that investigations are conducted thoroughly and lawfully.
The court’s decision affirms the legitimacy of our worksite enforcement investigations and the
necessity of access to relevant records. We appreciate the support of our partners in the U.S.
Attorney’s Office and will continue to pursue all necessary avenues to protect the interests of
American workers and businesses.”