Delaware
After police assist ICE in Seaford, ACLU asks Delaware governor for guidance
Witness captures video of state and Seaford police assisting ICE
Christa Keim took this video the morning of Nov. 6 near the Seaford Lowe’s.
Provided by Christa Keim
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.
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.
“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.)
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.
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.”
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.
“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.
Tatnall’s Gavin Leffler wins 3,200 at indoor state meet
With a 28-second last lap, Tatnall’s Gavin Leffler won the boys 3,200 at the Delaware indoor track and field state meet in 9:28.10.
Since the start of 2025, Delaware boys track and field athletes have set 11 state records between the indoor and outdoor seasons.
After a winter season in which 17 performances reached the top five on the state all-time list, Delaware appears poised for another strong spring.
Our list of track and field athletes to watch (presented alphabetically) features athletes from 24 schools who compete in sprints, distance races, throws and jumps. They are the athletes we expect to be among the state’s leaders at the DIAA Championships at Dover High on May 15-16 although many new names could emerge by then.
After defending its indoor track and field state title, Middletown is in search of its second straight Division I championship. Saint Mark’s enters the season as the Division II winner in three of the past four seasons.
2026 Delaware boys track and field athletes to watch
Elijah Annan, sr., Dover
Jason Baker, sr., Cape Henlopen
Derick Belle, sr., Odessa
Suhayl Benson, jr., Howard
Shaun Bosman, sr., Christiana
Elijah Burke, sr., Saint Mark’s
Khalid Burton, sr., Laurel
Isaiah Charles, jr., Caravel
Chukwuma Chukwuocha, jr., Wilmington Friends
Timothy Claessens, jr., Newark Charter
Rodney Coker, so., Odessa
Jaheim Cole, sr., Dover
Josh Cox, sr., Archmere
Calvin Davis, fr., A.I. du Pont
James Dempsey, jr., Salesianum
Will DiPaolo, sr., Cape Henlopen
Logan Elmore, jr., Middletown
Dahani Everett, sr., Caesar Rodney
Jayden Feaster, sr., Middletown
Gabe Harris, sr., Caesar Rodney
Phoenix Henriquez, sr., Smyrna
Christian Jenerette, sr., Odessa
Brandon Jervey, jr., Middletown
Mekhi Jimperson, sr., Caesar Rodney
Benjamin Johnson, jr., Dickinson
Michka Johnson, sr., Hodgson
Trey Johnson, sr., Cape Henlopen
Amir Jones-Branch, sr., Middletown
Alec Jurgaitis, sr., Saint Mark’s
Gavin Leffler, sr., Tatnall
Elijah MacFarlane, sr., Caesar Rodney
Max Martire, sr., Tatnall
Dylan McCarthy, sr., Tatnall
Chase Mellen, so., Salesianum
Zamir Miller, sr., Middletown
Ryan Moody, sr., Sussex Academy
Wayne Roberts, jr., Appoquinimink
Elijah Tackett, sr., Dover
Kai Thornton, sr., Sussex Central
Marc Patterson, sr., Dover
Charles Prosser, so., Salesianum
Riley Robinson, fr., Middletown
Roan Samuels, sr., Salesianum
Douglas Simpson, jr., Cape Henlopen
Jessie Standard, jr., Middletown
Riley Stazzone, sr., Cape Henlopen
Jamar Taylor, jr., Salesianum
Jordan Welch, sr., Sussex Tech
Brandon Williams, sr., Charter of Wilmington
Xzavier Yarborough, jr., Dover
Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.
What is a data center? Here’s what you should know
Data centers have been popping up all over Arizona. The massive sites have drawn economic praise and resident criticism. Here’s what you need to know.
Project Washington’s prospects in Delaware appear murkier after a board stood on the state environmental agency’s decision to prohibit the data center proposal.
The public hearings with the Coastal Zone Industrial Control Board kicked off in Dover on March 24 at the Delaware Department of Natural Resources and Environmental Control’s Auditorium near Legislative Hall. It finished on March 26 after days of testimony from witnesses supporting and opposing the DNREC decision on the data center, which would be the largest in the state.
Project Washington was prohibited by DNREC in February because the agency said it violated the Coastal Zone Act, which was signed in 1971. Project Washington’s developer, Starwood Digital Ventures, filed an appeal of that decision soon after.
A little more than 30 people attended the meeting on March 24. It was modeled more like a court hearing than a public government meeting. The next two days included testimony from witnesses from both Starwood Digital Ventures’ and DNREC’s attorneys.
The Coastal Zone board consists of nine members, five of which are appointed by the governor and approved by the state Senate. Four other members are the state director of the Division of Small Business and Tourism and the chairs of the planning commissions of each county.
It’s the first time this assembly of the board has been called to action. Board members said they are making decisions on a fact and law basis, and are trying to cut out the noise this project has caused on social media and in other public meetings.
Witnesses and experts explained a ton of technical definitions for generators and got into the nitty-gritty of emissions and infrastructure. It was up to the board to take those facts in stride and make their decision.
“What we have to do is come back to the purpose of the appeal,” said Willie Scott, a member of the board during a break between sessions on March 24.
They voted unanimously to uphold the DNREC decision to prohibit the project based on the Coastal Zone Act.
Courtroom-like arguments for and against the data center
The hearing on March 24 began with opening arguments. Attorneys for Starwood Digital Ventures, Project Washington’s developer, argued that Project Washington’s purpose and infrastructure fall outside of the Coastal Zone Act’s regulations, and that DNREC’s definitions of smokestacks and tank farms are flawed.
“It fails every element of the statutory definition, as interpreted by the Delaware Supreme Court and the Delaware Superior Court,” said Jeff Moyer, an attorney representing Starwood. “Its limited diesel infrastructure is not a tank farm within any reasonable meaning of that term, and each of the core three functions of Project Washington – data storage, electrical infrastructure and backup power – are all expressly not regulated.”
DNREC’s attorneys argued the data center campuses fall under heavy industry in a modern context, and it is the kind of project the act is intended to kill. They also argued it has a potential to pollute when backup generators are working if the power fails.
“The law requires that it be prohibited, not recharacterized, not broken into pieces and minimized, but prohibited,” said Michael Hoffman, attorney representing DNREC. “Over the course of the next few days, we will show that Starwood’s proposed hyperscale data center is one such project.”
Closing arguments on March 26 reiterated arguments from both sides, and the board voted to stand with DNREC.
How Project Washington and DNREC got here
The Coastal Zone Act prevents heavy industrial projects from developing along the Delaware River and Bay, Chesapeake and Delaware Canal, Atlantic Ocean, Indian River Bay and other Sussex County bays. The 14 projects that have been grandfathered include the Delaware City Refinery and the Port of Wilmington.
Project Washington’s proposed site falls within the defined coastal zone, which extends west to Dupont Highway in that specific spot. In February, DNREC said the massive data center is prohibited, stifling the project while it worked through state and county permits.
It would be 11 two-story data center buildings surrounded by electrical fields on two large land parcels north of Delaware City accessible by Hamburg Road, Governor Lea Road and River Road.
DNREC’s beef with the project is in the backup generators and their accompanying diesel tanks. The data center is proposed to run 24 hours a day, seven days a week, 365 days a year. If power goes out, it needs to use the backup generators to keep running. DNREC’s decision says the project includes some 516 double-walled diesel fuel belly tanks, each capable of storing some 5,020 gallons of fuel. That’s about five acres of tank farm.
There would be 516 backup generators with 516 smokestacks, which DNREC said in its original decision is the exact type of infrastructure the Coastal Zone Act targets by prohibiting “heavy industrial” projects.
Starwood Digital Ventures, appealed the decision, mentioning countervailing factors including avoiding wetlands, no direct surface water discharges and projected economic benefits.
Their appeal said the original DNREC decision “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”
Jim Lamb, who is handling media communication for the project, said the backup generators would only run 37 to 45 minutes per month just to test if they are operational. Project Washington will also use a closed-loop cooling system, limiting its water intake.
The appeal required a hearing, which is the first time the board made a decision since 2021.
The developer of the project did not immediately respond to Delaware Online/The News Journal’s request for comment. New Castle County officials did not immediately respond to either.
Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.
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