Chief Judge Colm F. Connolly granted the United States’ petition on April 13 for enforcement of a Department of Homeland Security administrative subpoena issued to the Delaware Department of Labor.
The case centers on an administrative subpoena from Homeland Security Investigations (HSI) requesting documents related to several Delaware businesses as part of an ongoing immigration-related worksite enforcement investigation. The Delaware Department of Labor refused to provide the requested documents, prompting the United States government to file suit seeking compliance with the subpoena.
In his decision, Chief Judge Connolly found that HSI’s investigation served a legitimate purpose and that its request for information was relevant and not overly broad or burdensome. As a result, he ruled that the administrative subpoena is valid and enforceable, requiring the state agency to produce the demanded documents.
U.S. Attorney Benjamin L. Wallace said, “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 said, “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.”
A copy of this press release can be found on U.S. Attorney’s Office for District of Delaware website along with related court documents available through District Court for District of Delaware or PACER under Case No. 25-mc-322-CFC.