The Biden-Harris administration has taken action to hold employers accountable for violations against immigrant workers. In early 2023, the administration created a process, known as Deferred Action for Labor Enforcement (DALE), for immigrant workers to request protection from immigration enforcement from the Department of Homeland Security (DHS) while in labor disputes. In July 2024, DHS allowed immigrant workers’ protection period to expand from two years to four years. Labor disputes are often a long process and may not resolve within two years.
This process holds employers accountable as immigrant workers were deterred from speaking about labor abuses and raising the standard of care for workers. Some issues include workplace abuses, wage theft, race and gender discrimination, unsafe and unhealthy conditions and interference with union organizing efforts. Now, DALE is a protection that immigrant workers possess if faced with those issues.
To start the process, an immigrant worker must experience a labor violation. Once they experience an issue, a worker can file a complaint with the appropriate agency (listed in the Appendix). After the worker creates a statement of interest, they can apply to U.S. Citizenship and Immigration Services (USCIS) for deferred action and employment authorization. To obtain the request, the immigrant worker must be screened for eligibility, which may include prior immigration and criminal history.
Seek help today if this applies to your employment. There are ways to get help, and this is a safe and reliable way for immigrant workers to seek protection from labor abuse.
