An article in Documented features Vivianna Morales explaining the application process, as well as the benefits and risks, of the Deferred Action for Labor Enforcement program. This is a timely and crucial issue, especially as the future of the program remains uncertain with the incoming administration.
In January 2023, the U.S. Department of Homeland Security announced a streamlined and expedited process to grant Deferred Action to workers who are victims or witnesses of labor violations. Known as Deferred Action for Labor Enforcement, or DALE, the program protects workers from deportation while the labor investigation is ongoing. If granted, the protection lasts for four years.
DALE is a program introduced by the Biden administration with the purpose of protecting undocumented workers from retaliation by employers during an investigation of workplace violations.
Under DALE, workers who have faced or witnessed violations, and are eligible, are granted Deferred Action, a discretionary measure provided by DHS. Those granted Deferred Action under DALE are protected from deportation for four years. Deferred Action does not grant a lawful status, but beneficiaries can apply for a work permit during the deferred period.
In order to qualify for the program, an employee must have been a witness or have experienced a violation of labor or employment law and have filed a complaint about the violation with a local, state, or federal agency. The procedure to file a complaint varies per agency. This can be wage-hour violations, harassment, discrimination, workplace violence, workplace health and safety violations, and/or retaliation against workers for collectively complaining about their work conditions.
Another requirement to be eligible for the program is to have a Statement of Interest (SOI), which is the agency saying that they are interested in the person staying in the country because they need their help investigating a workplace violation.
Depending on the agency, the requirements to get a SOI will vary. The New York Department of Labor requiresworkers to seek the assistance of an attorney or advocate to make the SOI request, citing the importance of an attorney’s or advocate’s guidance in pursuing Deferred Action.
If you have any questions about your rights as an undocumented worker, please contact our attorneys for a confidential consultation at 212-583-9500.
