The DHC reminds you of your constitutional rights. More Info

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Hispanic Commission

Know Your Rights




Know your rights

The Delaware Hispanic Commission believes that every Delawarean, regardless of their documentation status, has constitutional rights that are protected and guaranteed by the United States Constitution. With our community partners, we have developed information, resources, and frequently asked questions below for reference.

The information provided here is for general informational purposes only and does not constitute legal advice. The information shared here should not be interpreted as an offer or intention to provide legal representation. For any legal matters, please consult a qualified attorney.

You Have Rights

The American Civil Liberties Union (ACLU) of Delaware provides a comprehensive list of resources and reminds you of your rights when interacting with Immigration Customs Enforcement (ICE). Click here to learn more.



Reminders

  • Carry valid identification at all times. This includes U.S. government-issued immigration documentation, valid immigration papers, and work permits.
  • Memorize your Alien number.
  • Never carry false or fraudulent documents, and never provide false or fraudulent documents or information to an immigration officer.
  • If you suspect your rights were violated during an encounter with officers, you should write down as much information about the encounter as possible in case you choose to file a complaint with the Delaware Department of Justice’s Division of Civil Rights and Public Trust.

Education and Schools

Student Privacy

Delaware schools do not ask about a student’s or family’s immigration status. It has been more than 40 years since the U.S. Supreme Court, in Plyler v. Doe, ruled that public schools may not deny students access to education based on their immigration status. As part of our commitment, the DDOE is reaffirming this principle and taking clear steps to support students, families, and educators.

Delaware Education Principles

  • All children entitled to equal access to public education at the elementary and secondary level.
  • Discrimination on the basis of race, color, national origin, or immigration status is unconstitutional and against state and federal law.
  • Districts and charter schools are prohibited from utilizing criteria or administration processes that have the effect of subjecting individuals to discrimination or have the effect of substantially impairing the process.
  • Students should not be asked to provide evidence of their legal status regarding immigration at any time during the enrollment process or afterward.
  • A public school may accept alternate evidence of a student’s age in the place of a birth certificate. If a district or charter school requests a social security number, it has to inform the individual that the disclosure is voluntary.

For more information, please visit the Delaware Department of Education’s website or contact your local school district.

  • Equal access – All children are entitled to equal access to public education at the elementary and secondary level.
  • Non-discrimination – Discrimination on the basis of race, color, national origin, or immigration status is unconstitutional and against state and federal law.
  • No immigration status inquiries – Students should never be asked to provide evidence of their immigration status during enrollment or afterward.
  • Fair enrollment processes – Districts and charters are prohibited from using criteria or administrative processes that result in discrimination or create barriers to education.
  • Flexible documentation requirements – A public school may accept alternate evidence of a student’s age in the place of a birth certificate. If a district or charter school requests a social security number, it has to inform the individual that the disclosure is voluntary.
  • Providing guidance – We are distributing state and federal guidance to all state school leaders to share with students, their families, and all school staff.
  • Offering training – The Department of Education is available to assist any district or charter that requests help navigating these issues.
  • Strengthening policy commitments – Education Secretary Cindy Marten is reaffirming our commitment to student privacy, counseling, academic continuity, and a safe, inclusive learning environment. DDOE is encouraging all Delaware school boards to follow this example, and praises those that have been leaders on this issue already.
  • Updating enrollment guidance – DDOE is revising policies to ensure:
    • Clarity on enrolling immigrant children
    • Confirm that the multilingual learner database does not capture immigration status, and
    • Include immigrant rights information in all future editions of the Delaware English Learner Guidebook.

Strengthen district and charter policies

  • Pass a resolution reaffirming your district’s and charter’s commitment to student privacy and protection.
  • Provide clear guidance to staff on handling immigration enforcement requests.
  • Ensure all school employees understand that they cannot disclose a student’s immigration status without the proper consent or legal authorization.

Provide guidance on immigration enforcement requests

If immigration agents request access or information about a student or staff member:

  • Do not attempt to accept or deny the request—immediately refer it to the superintendent or charter leader for legal review.
  • Employees must not determine whether an alleged threat is “imminent.”
  • Work with law enforcement to minimize disruptions on campus and notify the superintendent’s office.
  • If ICE claims an “imminent threat,” the superintendent’s/charter leader’s office must provide a rapid response.

Train staff and support students

  • Train staff to recognize the difference between a judicial warrant (required for ICE to enter school property) and an administrative ICE warrant (which does not grant them access).
  • Share guidance with registrars, front office staff, counselors, nurses, and liaisons who assist in student enrollment.
  • Ensure that students and families know counselors are available to support them.
  • Update school safety plans to account for potential community disruptions.

Offer resources and emotional support

  • Provide resources in multiple languages on legal assistance, mental health care, and immigrant rights.
  • Assist families with quick access to transcripts to ensure continued education if relocation is necessary.
  • Offer flexibility on classwork for students affected by family separation.
  • Provide peer support groups and counseling for students experiencing anxiety.

Frequently Asked Questions

  • “Sanctuary state” is an informal phrase and does not appear in Delaware law.
  • Immigration enforcement is a federal responsibility, and the federal government cannot force state or local police or prosecutors to enforce immigration law in the absence of a formal agreement to do so1 — none of which are in place in Delaware as of December 2024. State and local law enforcement focus on public safety and the laws of Delaware.
  • All residents of Delaware, regardless of immigration status, are entitled to the protections of state and federal law, including under the Delaware Constitution and the United States Constitution, and the rights outlined in this document.

1 Pursuant to Section 287(g) of the U.S. Immigration and Nationality Act (8 U.S.C. § 1357(g)), state and local law enforcement may choose to enter formal agreements to work under the supervision of U.S. Immigration & Customs Enforcement. While it is still the prerogative of Delaware law enforcement agencies to enter Section 278(g) agreements if they choose, as of December 2024 none are in place.

  • You may tell an immigration officer that you choose to remain silent.
  • You may tell the immigration officer that you will not speak to them without an attorney present.
  • You may request an interpreter if an officer does not speak your language.2
  • If you are not a U.S. citizen and you are carrying your immigration papers, you must show your papers to an immigration officer if the officer asks to see them.
  • The United States and Delaware Constitutions protect all residents of Delaware, regardless of immigration status, from law enforcement searches of their person, their belongings, or their home without a warrant supported by probable cause. An officer may however pat you down if they have reason to believe you are carrying a weapon.
  • If you speak to an immigration officer, you should be honest in your interactions. Do not lie about citizenship. If you do not understand a question, say that you do not understand.

2 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (2000) https://www.govinfo.gov/content/pkg/FR-2000-08-16/pdf/00-20938.pdf.

  • The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,”3 and the Fourth Amendment applies regardless of a person’s immigration status.4
    • You have the right to deny immigration officers entry into your home without an arrest warrant or a search warrant that has been signed by a federal or state court judge, unless exigent circumstances exist.
    • o   NOTE: A warrant of deportation/removal does not allow officers to enter your home without consent.5
  • You may ask which agency the officers represent, and specifically if they are immigration officers or from Immigration and Customs Enforcement (ICE). You may also ask to know their name and badge numbers.

3 Lange v. California, 594 U.S. 295, 301, 141 S. Ct. 2011, 2017, 210 L. Ed. 2d 486 (2021)

4 See, Lee v. Immigration & Naturalization Serv., 590 F.2d 497, 499–500 (3d Cir. 1979) (In construing the Immigration and Nationality Act, “courts have held that INS officers are limited by the fourth amendment in exercising the powers conferred upon them by Congress.”); see also see also Yoc-Us v. Attorney Gen. United States, 932 F.3d 98, 108 (3d Cir. 2019) (noting that “the INS has its own comprehensive scheme for deterring Fourth Amendment violations by its officers.”); and Plyler v. Doe, 457 U.S. 202, 212, (1982).

5 See, e.g., Congressional Research Service, Immigration Arrests in the Interior of the United States,” (2021), https://crsreports.congress.gov/product/pdf/LSB/LSB10362 (citing Payton v. New York, 445 U.S. 573, 586 (1979) for the proposition that searches and seizures inside a home without a judicial warrant are presumptively invalid).

  • People inside vehicles have a lesser expectation of privacy than in their homes or businesses. Immigration officers do not need a warrant to stop a vehicle when they have reasonable suspicion that federal crimes, including immigration offenses, have occurred.
  • Race and ethnicity cannot be the sole basis of the officer’s reasonable suspicion.
  • If you are stopped when you are driving a car, a immigration officer may ask to see your driver’s license or driving privilege card. You must provide your license to prove you are lawfully operating your car.6
  • Only show your Delaware state-issued driving privilege card (DPC) if it is requested to establish that you are properly authorized to drive a car. A DPC cannot be used for identification purposes.
  • You have the right to remain silent and you do not have to answer questions about your immigration status.
  • If you are a passenger, you may ask if you are free to leave. If the officer says yes, calmly do so.
  • You can refuse to consent to a search if an officer asks to look inside your car. However, an officer can search your car without your consent if the officer has reason to believe that your car contains evidence of a crime.

6 21 Del. C. § 2701.

  • Do not try to resist arrest.
  • Every resident of Delaware has the right to an attorney and does not have to answer any questions without an attorney’s advice. Specifically, you have the right to consult with an immigration attorney before making any decisions about your case or signing any documents. No one can force you to make a final decision or sign a document if you do not fully understand it.
  • You have the right to request an interpreter.
  • You can ask to call a family member or a friend if you have children with you when you are arrested or if you need to alert your employer.
  • You may inform the immigration officer if you are the primary caregiver of a child under the age of 18 who is a U.S. citizen or a legal resident. Federal law grants ICE officers the discretion to choose not to detain any immigrant who is not subject to a mandatory detention order.7

7 8 U.S.C. § 1226; see also ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults, July 14, 2022 (requiring ICE officers to inquire into the parental or guardianship status of a noncitizen) (https://www.ice.gov/doclib/news/releases/2022/11064.3.pdf); Congressional Research Service, The Law of Immigration Detention: A Brief Introduction (September 1, 2022) (https://crsreports.congress.gov/product/pdf/IF/IF11343#:~:text=INA%20%C2%A7%20236(a)% 20permits,be%20made%20within%2048%20hours.).

  • ICE’s Online Detainee Locator System allows you anonymously check whether an individual is in ICE custody if you know the person’s Alien number and country of origin, or by the detainee’s name, birth date, and country of origin.
  • You may also call the ICE Office of Enforcement and Removal Operations at (888) 351- 4024.

If immigration officers enter your home without your consent or a valid search or arrest warrant that has been signed by a judge, you or someone acting on your behalf may file a complaint with the Delaware Department of Justice’s Division of Civil Rights and Public Trust at de.gov/publictrust.

  • The Division of Civil Rights and Public Trust’s responsibilities include enforcement of Delaware laws protecting the individual rights and liberties of Delawareans, including but not limited to rights secured by the Delaware and United States constitutions.
  • Delawareans wishing to file a complaint with the Division must fill out the complaint found on de.gov/dcrptcomplaint.

Additional Resources

La Esperanza

assists Sussex County Latinos and immigrant families on their journey to achieve stability, integration, and success.

Latin American Community Center

provides family support services, short and long-term case management, substance abuse prevention, advocacy for victims of crime, English as second language classes, and more. 

American Civil Liberties Union (ACLU) of Delaware

preserves and advances civil liberties and civil rights in the State of Delaware as enshrined in the United States and Delaware Constitutions through education and advocacy without consideration of political association.

Delaware Office of Immigration Services

provides counseling services and assistance for residents of Delaware applying for citizenship and/or immigration benefits, establishes case files, and follows up with federal agencies to determine status.

The National Immigration Law Center

offers Know Your Rights guidance for those arrested or detained by immigration authorities and under the U.S. Constitution generally.

Community Legal Aid Society of Delaware

offers legal services to qualifying vulnerable Delawareans.


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