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Delaware law

Immigration Laws in Delaware.

Immigration law is primarily federal, but Delaware has several state-level policies that affect immigrants. Delaware issues Driving Privilege Cards to undocumented residents. The state does not mandate E-Verify for private employers. While there are no officially designated sanctuary cities, some local jurisdictions such as Wilmington have adopted policies limiting cooperation with federal immigration enforcement in certain circumstances.

Last verified: 2026-02-25

State law

Key Delaware Statutes

Driving Privilege CardsDel. Code Ann. tit. 21, § 2711

Delaware allows undocumented residents to obtain a Driving Privilege Card (DPC), which authorizes driving but is marked "Not Valid for Identification" and "Driving Privileges Only." Applicants must submit fingerprints and pass a criminal background check through the State Bureau of Identification.

Employment Discrimination Protections for ImmigrantsDel. Code Ann. tit. 19, § 711

Delaware law prohibits employers from discriminating based on national origin. Employers may not use immigration status as retaliation against employees who assert their workplace rights.

E-Verify (Voluntary)Federal: 8 U.S.C. § 1324a

Delaware does not require private employers to use E-Verify. Participation is voluntary at the state level, though federal contractors may still be subject to federal E-Verify mandates.

In-State Tuition AccessDel. Code Ann. tit. 14 (SEED Scholarship)

Delaware Technical Community College allows undocumented students, including DACA recipients, to access in-state tuition. Eligible students may also apply for the SEED (Students Excellence Equals Degree) scholarship for up to full tuition funding.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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