Why Should Delaware Care?
An executive action to make Delaware a “sanctuary state” could incite federal consequences, as the Trump administration sued Illinois over similar policies last month. The decision to not assist federal immigration enforcement could keep some immigrant families together longer though.
After weeks of pressure from leaders within Delaware’s Hispanic community, Gov. Matt Meyer’s administration publicly said that it is directing state police troopers to not work with federal agents to carry out immigration enforcement — except in certain situations.
Meyer’s comments mark an apparent compromise for the newly state-sanctioned Delaware Hispanic Commission, which in a Jan. 27 letter had called on the governor to issue a formal executive order making Delaware a so-called “sanctuary state.”
Meyer’s comments also come after the Trump administration has heavily publicized its nationwide immigration crackdowns. And, while Meyer’s directive to police does not involve a formal executive order, it still carries a potential risk of federal blowback from the Trump administration, which has sued Illinois and Chicago over sanctuary policies in place there.
In all, it is the latest chapter in a national debate over immigration that ignited in this state last month when Delaware Hispanic Commission members sent their letter to the governor.
In it, the group said that a sanctuary order would ease a “climate of distress” within immigrant communities following federal authorities’ recent decision to remove restrictions on immigration raids in schools, churches and other sensitive places.
In the weeks after receiving the letter, Meyer issued statements expressing support for undocumented immigrant communities, but did not say clearly whether he would issue a sanctuary directive.
In response, Carlos de los Ramos, chair of the Delaware Hispanic Commission, again called on Meyer to implement a sanctuary policy, saying “you don’t accomplish anything with words.”
But, De los Ramos’ position eased recently after the Meyer administration told Spotlight Delaware last week that state police would not work with U.S. Immigration and Customs Enforcement (ICE) to carry out immigration enforcement, except in circumstances that present a risk to the public.
“Unless there is a valid court warrant and an exigent circumstance where the community is at risk, we will not use state law enforcement resources to effectuate federal immigration policies,” said Misty Seemans, deputy legal counsel with the governor’s office.
It remains unclear what constitutes a circumstance where the community is at risk or what type of court warrants would trigger a collaboration with ICE.
State police have thus far not been asked, nor have cooperated in an ICE or immigration-related investigation, since Meyer assumed office, Seemans added.
State order could bring federal consequences
Trump Administration officials recently retaliated against states, including Illinois and Maine, that they say interfered with enforcement efforts and other federal actions.
Earlier this month, the U.S. Department of Justice sued Illinois, accusing the state of interfering with federal immigration efforts through their sanctuary policies.
Similarly, President Donald Trump threatened to withhold federal education funding from Maine after a public clash with the state’s governor over transgender athletes competing on women’s sports teams. The Maine Department of Education is now facing a federal investigation into the matter.
While it is not known if the White House would take similar steps against Delaware, De los Ramos said that the consequences of any federal retribution could be “very difficult” to overcome. He said that is why he now supports Meyer’s stance to direct state police through an internal policy rather than an executive order.
Despite no order being issued, he said the governor’s policy shows to him that he intends to protect immigrant communities.
“If there are crimes that present a risk to our community, it is our duty to make sure that criminals are taken away,” De los Ramos said.
While the 18-person Delaware Hispanic Commission is composed of members with a range of views — including on immigration — their letter reflected the opinions of a majority of the members, said Laura Gendreau, secretary of the commission.
“This goes beyond bipartisanship into a humane issue,” Gendreau said.
Rony Baltazar-Lopez, vice chair of the commission, said a large portion of Delaware’s Hispanic community is undocumented, and the commission wants what’s best for the whole community.
But Trump’s victory last year shows that a significant portion of the country, and of Delaware, support his stated immigration policies and his rhetoric.
Critics of sanctuary policies in states and cities argue that those governments cannot “pick and choose” which federal laws to follow. Immigration law sits with the federal government and any issues must be solved on a national level, not a state one, critics said.
State Sen. Brian Pettyjohn, a Republican who represents Georgetown, including its large immigrant community, said he’s opposed to Meyer issuing an executive order directing state police not to work with ICE.
He said he supports federal immigration agents’ priority of removing undocumented immigrants with criminal records from the state, saying it makes communities safer.
“The law is the law right now,” he said. “The state should not be getting involved in immigration at all.”
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