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Delaware State Immigration Laws

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

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 forcing employers to use E-Verify for checking employees' status.

Driver's License/ID Requirements

Must show proof of citizenship or legal residence.

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."

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. Also, some schools offer scholarships for certain immigrants without documentation.

For example, at Delaware State University, DACA recipients are eligible for a scholarship for those in the Deferred Action for Childhood Arrivals program. It's called the National Scholarship.

DACA stands for Deferred Action for Childhood Arrivals. It 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.

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 an Attorney

It's important to get the legal help you need. The U.S. immigration system can be challenging to handle on your own. You could be facing the naturalization process, heading to immigration court, or pursuing a visa. You might even try to get a green card and become a lawful permanent resident. You could even struggle to handle regular communications with U.S. Citizenship and Immigration Services (USCIS).

Whatever your set of circumstances, immigration attorneys can help. Whether you're in New Castle, Wilmington, or anywhere else in the state, getting the help you need is essential.

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