A federal appellate court temporarily halted an order requiring the Delaware Department of Labor to provide the Trump administration with wage records from businesses in the state.
In an order Tuesday, US Court of Appeals for the Third Circuit Judges Arianna Freeman and Jane Roth administratively stayed the state’s obligation to comply with a Department of Homeland Security subpoena until the appellate court considers a motion to block the order pending an appeal.
Last month the US District Court for the District of Delaware issued an order enforcing the subpoena to release records for criminal and civil investigations. The judge found a state law preventing release of the records was preempted by the Immigration and Nationality Act.
DHS is seeking wage data for 15 Delaware businesses as part of worksite enforcement investigations.
The Delaware DOL appealed the case to the Third Circuit, seeking review of the preemption question and an emergency stay of the subpoena.
The Delaware Department of Labor is represented by the Delaware Department of Justice. The Trump administration is represented by the US Attorneys’ Office.
The case is USA v. Delaware Department of Labor, 3d Cir., No. 26-01941, order issued 5/12/26.
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.