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 children. Important to note: Guidance provided to child care businesses differs from guidance provided to Delaware public schools.

Guidance and resources for businesses and organizations is available through the Attorney General’s Office. Visit Know Your Rights for details and translated documents.

  • Private child care businesses in Delaware must comply with both state and federal anti-discrimination laws.
  • Delaware’s Equal Accommodations Law (DEAL) prohibits discrimination in places of public accommodation based on race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin.

Child care facilities can foster a welcoming and supportive environment for all children by:

  • Providing staff training: Ensuring teachers and staff are trained on cultural competency, trauma-informed care, and the rights of immigrant families.
  • Offering support and resources: Connecting families with local organizations that provide legal assistance, language support, and community services.
  • Maintaining inclusive policies: Establishing clear non-discrimination policies and ensuring families feel safe and supported, regardless of their background.

Strengthen policies

  • Read the Attorney General Office’s guidance document. Provide clear guidance to staff on handling immigration enforcement requests.
  • Ensure all child care employees understand that they cannot disclose a child’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 child or staff member:

  • Do not attempt to accept or deny the request—immediately refer it to the program administrator for legal review.
  • Employees must not determine whether an alleged threat is “imminent.”
  • Work with law enforcement to minimize disruptions in your program.
  • If ICE claims an “imminent threat,” the program administrator must provide a rapid response.

Train staff and support children

  • Train staff to recognize the difference between a judicial warrant (required for ICE to enter a child care facility) and an administrative ICE warrant (which does not grant them access). Refer to page 1 of the Attorney General’s Know Your Rights guidance.
  • Update building safety plans to account for potential community disruptions.

Delaware Attorney General Resources

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

Working together for Delaware children

Together, we can ensure all children in Delaware receive the care and education they deserve in a safe and inclusive environment.

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