Biden Administration Implements New Protection for Immigrant Workers.
The Biden-Harris administration has taken numerous actions on immigration since taking office, but one of its most significant yet overlooked reforms is a new process designed to protect immigrant workers. This initiative also enhances labor agencies’ ability to hold dishonest employers accountable for violations.
In January 2023, the administration introduced a streamlined process known as “DALE” (Deferred Action for Labor Enforcement). This allows workers involved in labor disputes to seek protection from immigration enforcement through the Department of Homeland Security (DHS). In July 2024, DHS expanded eligibility for this protection from two years to four years. This change acknowledges that labor disputes often take longer than two years to resolve.
The DALE process emerged after years of advocacy from immigrant worker rights groups. By protecting these workers from immigration enforcement, they can report labor abuses without fearing retaliation from their employers. This not only helps workers but also enables labor agencies to perform their duties more effectively, ultimately raising standards for all employees. Many unscrupulous employers have used the threat of immigration enforcement to silence workers from speaking out about issues such as wage theft, discrimination, unsafe working conditions, and interference with union organizing.
DHS has long had the discretion to refrain from enforcement actions against individuals. In the past, it has established agreements with labor agencies to coordinate their missions. DHS has also acknowledged the need to exercise prosecutorial discretion to protect victims and witnesses in civil rights and labor cases. However, DALE is the first time the agency has set up a streamlined process for considering requests for prosecutorial discretion from workers. This marks a significant endorsement of labor agencies’ ability to effectively carry out their statutory responsibilities.
The process for seeking deferred action protection involves several steps. After experiencing or witnessing a labor violation, a worker or their representative must file a complaint with the appropriate agency. Following this, workers can request a statement of interest from that agency. Agencies that handle labor and employment law complaints include the U.S. Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission, as well as various state and local agencies.
Several of these agencies have provided guidance on how to submit a request for a statement of interest. These statements typically cover a specific employer or worksite for a designated time frame. This means any worker meeting those criteria may seek deferred action, not just the individual who filed the initial complaint.
Once a worker obtains a statement of interest, they can apply to U.S. Citizenship and Immigration Services (USCIS) for deferred action and employment authorization. As with any request for discretion from DHS, applicants will be screened for eligibility and potential risks based on their immigration or criminal history. Those seeking deferred action may also qualify for additional relief, such as parole in place, or, in some cases, more permanent protection like a T or U visa if they experienced labor trafficking or related criminal activity.
Testimonies from workers highlight the transformative impact of deferred action protection. While this protection is temporary, it plays a crucial role in empowering workers to report abuses and allows labor agencies to fulfill their mission of safeguarding all workers, both immigrant and citizen.