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After police assist ICE in Seaford, ACLU asks Delaware governor for guidance

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After police assist ICE in Seaford, ACLU asks Delaware governor for guidance


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  • The ACLU of Delaware is asking Gov. Matt Meyer for clearer rules on when local police can assist U.S. Immigration and Customs Enforcement.
  • The request follows an incident where Delaware State and Seaford police helped ICE detain a man in Seaford.
  • It remains unclear if ICE had a judicial warrant for the arrest.

The American Civil Liberties Union of Delaware is calling on Gov. Matt Meyer to issue more guidance on when state and local law enforcement can assist U.S. Immigration and Customs Enforcement after Delaware State and Seaford police did just that.

The two agencies responded to ICE’s request for assistance in detaining Carlos Chag-Gonzalez outside the Seaford Lowe’s the morning of Nov. 6, according to an ACLU DE news release.

“It is still unclear whether ICE possessed a valid judicial warrant for Chag-Gonzalez, nor is it known if state and local law enforcement requested to see a warrant,” the Nov. 13 release said. ICE, Delaware State Police and the Seaford Police Department did not immediately respond when asked if they had or saw a warrant.

ACLU DE Campaign Manager Helen Salita signed the letter to Meyer. Without evidence of a warrant and purported witness statements that indicate there was no public safety emergency, the letter said, the incident raises concerns about whether police violated previous ICE guidance from the governor’s office.

The letter asks Meyer’s office to detail their next steps in creating new guidance by Nov. 20.

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Previous guidance

The letter pointed out Meyer’s office has made previous efforts in response “to public outcry to not support the federal administration’s immigration enforcement program.”

Earlier this year, Misty Seemans, a deputy legal counsel with the governor’s office, told Spotlight Delaware’s José Ignacio Castañeda Perez state law enforcement resources would not be used “to effectuate federal administration policies” unless there is a valid court warrant and “an exigent circumstance where the community is at risk.”

And after Camden police entered into an agreement with ICE in April, which they later withdrew, Delaware enacted a law prohibiting agreements between law enforcement and ICE.

Most recently, the Wilmington City Council passed a unanimous resolution “opposing collaboration between the city and ICE,” the letter pointed out.

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“However, the incident in Seaford illustrates that despite these meaningful steps, the rules around when and how our state and local law enforcement cooperate with ICE remain murky,” the letter said. “That is why your office must act immediately to issue firm guidance outlining how all Delaware agencies interact with ICE.”

“Without clear guidance, inconsistent responses from state and local agencies risk undermining public safety by decreasing trust in law enforcement and diverting resources away from programs that keep our communities safe. We also run the risk of Delaware being unintentionally dragged in to the federal administration’s immigration enforcement regime under backdoor, misleading pretenses that state and local law enforcement must respond to public safety threats where none actually exist.”

What police, ICE say happened

Chaj-Gonzalez was arrested after resisting officers from ICE Baltimore’s Salisbury sub-office, a Nov. 7 statement provided by ICE spokesperson Casey Latimer said. (Note: The ACLU has spelled the last name as “Chag,” while police and ICE have spelled it “Chaj.” We are working to clarify the correct spelling.)

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ICE sought Chaj-Gonzalez because he is an “illegal alien” from Guatemala and has unlawfully entered the U.S. 10 times, the statement said. He has been issued a “notice to appear” and will remain in ICE custody, according to the statement.

Latimer did not respond to requests for Chaj’s age and other information.

Delaware State Police spokesperson India Sturgis said her agency responded to the incident “following a report that a federal agent had been assaulted,” but the ICE statement said no officers were injured. Sturgis later said Delaware State Police happened to be in a neighboring parking lot when Seaford police were dispatched to the incident.

“Given our close proximity, we responded to assist. As far as our threshold, our troopers assist any agency or individual when help is needed,” she said.

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A Seaford Police Department news release said Chaj-Gonzalez “allegedly physically resisted federal agents, before fleeing and hiding under a nearby utility trailer,” the news release said.

Seaford officers responded and remained at the scene until more federal agents arrived, the release said. They also assisted in moving the trailer under which the man was hiding so agents could take him into custody, the department added.

The suspect “obtained a minor injury” while being taken into custody, the release said, and was treated by Seaford police util EMS arrived. Seaford police contacted the owner of the trailer but had no other involvement, the release said.

“ICE claimed it was a minor injury,” the ACLU letter said, “However, a statement from a witness said, ‘they busted some [guy’s] head open’ and that ‘a lady cop was putting pressure on his head.’” Neither the letter nor the news release provided the name of the witness.

“I can’t confirm at this time whether or not this was our first assist for ICE,” Seaford Police Department spokesman Tyler Justice said via email Nov. 6. “In this situation, we were requested by them to respond to assist which is generally our threshold for any federal agency or local partners. We do not have any information as to what grounds the individual was being detained on.”

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On Nov. 7, the Seaford Police Department released another statement on social media, titling it “incident clarification.”

“We understand in this highly politicized environment that whatever we do, some are going to think we were right and some are going to think we were wrong. So the most we can do for the community is to try and be as honest and transparent as possible,” the statement said.

“We do not participate in civil immigration enforcement. We take our responsibility for the safety and security of ALL of our community members very seriously. However, when situations involving federal partners turns into a criminal investigation, as it did yesterday, we are legally allowed to and will assist, as we would for any criminal investigation within our jurisdiction.”

“(Delaware State and Seaford police’s) actions during the operation led directly to ICE’s ability to detain Chag-Gonzalez. For many Delawareans, especially immigrant communities, state and local law enforcement’s actions equate to undertaking an active role in immigration enforcement,” the ACLU’s letter to Meyer said. “These actions violate community trust, reignite fear and anxiety, and threaten the goodwill our state has built between community members and law enforcement through actions like banning (police and ICE) agreements.”

Delaware is at a crossroads, according to the letter.

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“Will we allow our state and local law enforcement to continue to play by the old rules even as ICE terrorizes our communities, or will we hold our state agencies accountable for ensuring that Delaware is not willingly or unwillingly aiding ICE?” the letter said.

“We must be clear about where Delaware stands and ensure our guidelines reflect our state’s values and guarantee that Delaware remains a place where all people — regardless of immigration or citizenship status — can live and thrive without fear.”

You can read the full letter at aclu-de.org.

Shannon Marvel McNaught reports on southern Delaware and beyond. Reach her at smcnaught@gannett.com or on Facebook.



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Delaware

Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns


This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.

A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors. 

What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27. 

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More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.

“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.

The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.

The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law. 

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More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.  

Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.

They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.

In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.” 

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Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.

Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.

In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.

“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.  

The legal arguments for SB 21

When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.  

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The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”

During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”

The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile. 

Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades. 

He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”

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Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the  Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.

Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.

Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.

During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.” 

“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said. 

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Get stories like this delivered to your email inbox by signing up for the free newsletter at spotlightdelaware.org/subscribe.



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Delaware

Police identify victim of Wilmington motorcycle crash

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Police identify victim of Wilmington motorcycle crash


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State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.

Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.

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Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.



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Delaware

When will Delaware warm up? After snow, ice Tuesday, temps will rise

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When will Delaware warm up? After snow, ice Tuesday, temps will rise


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Meteorological winter has ended and we’ve entered spring.

However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.

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Here’s a look at the Delaware forecast.

Will Delaware see more snow?

After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.

In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.

When will it warm up in Delaware?

It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.

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Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week

What’s the weekend forecast?

Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.

The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.

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