The Latest
August 2024 UPDATE
The Department of Homeland Security (“DHS”) announced a new process that permits workers who are involved in labor investigations to petition for deferred action and ultimately a temporary work authorization.
Deferred action is a discretionary decision made by the federal government that permits certain persons who are undocumented to stay in the country and work legally for a designated period. Deferred action does not confer legal status to individuals rather it reflects DHS’ intention to avoid deportation of those persons for a period of time. This is a policy that offers temporary but important protection for vulnerable workers.
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Post-Election DALE Updates: November 2024
With a new Trump presidency beginning on January 20, 2025, many people have concerns and questions about deferred action for labor enforcement (DALE) applications.
This update reflects our current understanding of the status of the DALE process and is focused on workers who may still be seeking to apply or have pending applications. Conditions may change in the weeks ahead, and this information may become outdated.
We encourage you to follow the updates shared on the Labor-DA listserv (see details below to join). We hope to provide additional guidance for workers who have been granted DALE in early 2025.
What is the status of DALE and current processing times? Applications for DALE can still be filed, processed and adjudicated. The average adjudication time has been around 60 days for individuals with no ICE contact and around 120 days for people with orders of removal or who are in removal proceedings. This is an average; there are some recent cases that have been pending longer. Although USCIS has stated it will make its best effort to adjudicate cases filed in November 2024 or earlier by January 20, 2025, they are receiving a high volume of cases, making it increasingly risky for workers to apply. Workers whose DALE requests are still pending at USCIS on January 20, 2025, risk being put into removal proceedings through the issuance of a “Notice to Appear.” Workers whose cases fall under ICE jurisdiction are unlikely to have an application for DALE adjudicated by January 20, 2025, and could face enforcement action.
Every situation is unique. This is general information intended for educational purposes. It does not constitute legal advice.
Who can seek deferred action and work authorization through this process?
Workers who are part of a workplace investigation by a labor agency, like a victim of labor violations or a person who may act as a witness to a labor investigation. This deferred action process offers a person work authorization for two years and is renewable while an investigation is ongoing. Once the labor investigation is closed we are unsure that the work permit will be renewed.
For now, DHS states that if the deferred action is not renewed they do not plan to initiate deportation proceedings against someone unless someone is seen as a threat to national security. However, there is always a risk when you are an immigrant that you may be on the radar of the U.S. Immigration and Customs Enforcement (“ICE”).
It is important that each person makes a decision with their attorney or representative to see if this process is helpful to them especially, if they have a history of interactions with the criminal system or (an) order(s) of deportation.
Know Your Rights: Deferred Action for Labor Enforcement (DALE)
As a worker, you have the right:
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- to be paid for all hours worked (including overtime);
- to have a safe work environment; to organize and speak up;
- to be free of discrimination;
- to not be retaliated against.
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If you consider your immigration status before exercising your workplace rights, you may be eligible for DALE, a federal program that may grant you a work authorization and deferred action for an initial 4 year period. You could also be potentially eligible for a subsequent 2 year renewal after this initial period.
Once a Statement of Interest (SOI) is issued all workers participating in the labor investigation may consider applying for deferred action after speaking with an immigration attorney.
Continue coming back to this page for the latest update as we get more information.