Delaware State Immigration Laws

Welcome to FindLaw’s coverage of Delaware immigration laws. Below, you will find information on how Delaware immigration law impacts:

• Immigration checks by law enforcement
• Educational institutions
• Employment verification
• E-Verify requirements
• Driver’s license requirements
• Restrictions on public benefits
• Education checks
• Voter ID rules
• Housing
• Related resources
• How to find an immigration lawyer

Immigration rules are complex and constantly evolving. If you’re facing an immigration issue in Delaware, contact an immigration attorney for up-to-date guidance and legal advice.

Law Enforcement and Immigration in Delaware

A federal program once forced law enforcement officers to check arrestees’ immigration statuses. It also required police to fingerprint arrestees. This program was “Secure Communities.” Former President Donald Trump revived the program, which had expired in 2017. 

In 2021, President Joe Biden revoked the executive order. The new program only requires convicts’ names to enter the database that checks immigration status. It is the “Criminal Apprehension Program.” Information collected in this system is shared with the FBI and the Department of Homeland Security (DHS). It can also be shared with Immigration and Customs Enforcement (ICE).

Employment and Immigration

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

Delaware E-Verify Requirements

Delaware has no law requiring employers to use E-Verify to verify employees’ status.

E-Verify is an online system administered by the federal government that allows employers to verify employees’ employment eligibility.

Driver’s License and ID Requirements

Immigrants must show proof of citizenship or legal residence to obtain a driver’s license.

The Delaware Department of Motor Vehicles (DMV) also issues Driving Privilege Cards (DPC) to eligible undocumented residents. The card functions as a Delaware‑only driver’s license but cannot be used as identification. It is marked “Driving Privilege Only” and “Not Valid for Identification.” Drivers with a DPC can only legally drive in Delaware, not in other states.

Public Benefits Restrictions

Under federal law, immigrants living here illegally may not get most public benefits. But they can get emergency services, health care, and other programs that are “necessary to protect life and safety.”

In-State Tuition and Education Checks

The State of Delaware does not guarantee in-state tuition to undocumented students. But there are many programs in the state to help qualifying undocumented students. Some schools also offer scholarships for certain immigrants without documentation.

For example, at Delaware State University, Deferred Action for Childhood Arrivals (DACA) recipients are eligible for a scholarship through TheDream.US program.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voting ID Rules

Voters must present a photo ID, utility bill, paycheck, or any government document with name and address.

Housing Ordinances and Immigration

There are no special housing ordinances for immigrants in Delaware. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, national origin, ancestry, or immigration status.

Immigration in Delaware: Related Resources

• Know Your Rights — A guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations)
• Immigration to Delaware — Resources for immigrants in Delaware (U.S. Immigration Support)
• Legal Aid Delaware — If you can’t afford an attorney, you still have options for finding legal services through advocacy groups like Legal Aid Delaware. As one of the many nonprofit organizations in the state, it provides pro bono (free) or low-cost legal assistance to qualifying people.

Need More Help? Contact a Delaware Immigration Attorney

Whether you’re in New Castle, Wilmington, or anywhere else in the state, it’s important to get the legal help you need. The U.S. immigration system can be overwhelming to handle on your own. Whatever your set of circumstances, immigration attorneys can help. You could be:

• Navigating the naturalization process
• Facing a deportation or removal
• Heading to immigration court
• Pursuing a visa or green card
• Attempting to become a lawful permanent resident
• Having communication issues with the U.S. Citizenship and Immigration Services (USCIS).

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Delaware. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.