The Delaware Department of Justice (DOJ), the Office of Delaware Governor Matt Meyer, and the Delaware Department of Education (DDOE) have a long history of protecting immigrant students.

Delaware is committed to:

  • Maintaining a safe and inclusive learning environment for all students.
  • Ensuring student privacy and preventing unnecessary disruptions caused by immigration enforcement.
  • Providing counseling and support to help students and families navigate this difficult time.

Let’s get to work building a brighter future for every child and family who calls Delaware home. – Governor Matt Meyer

Know Your Rights

  • All children are 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.

To decrease uncertainty, Delaware reaffirms the following:

  • 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.

To help protect our students from discrimination and fear, Delaware is taking the following actions:

  • 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.

Delaware Attorney General Resources

For questions regarding this guidance, contact the Delaware Department of Justice.

District/charter name Communication
Academia Antonia Alonso Charter School
Appoquinimink School District
ASPIRA Delaware Charter School
Brandywine School District
Delaware Charter School Network (DCSN)
Indian River School District
New Castle County Vocational-Technical School District
Red Clay Consolidated School District
Smyrna School District
Sussex Montessori School

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.

Working together for Delaware students

Educational leaders, families and stakeholders must ensure our schools remain places of learning and security for every child. Thank you for your dedication to Delaware students and for taking steps to support our communities.

If you have any questions or need assistance, please contact the Delaware Department of Education.