The federal “Deferred Action for Labor Enforcement” (DALE) program, established in 2023 by the Biden administration to protect from deportation non-citizen workers who have reported workplace violations, has been drastically curtailed and may not be a safe option for many. Here is what to know about the current state of the DALE program.
What is Deferred Action for Labor Disputes (DALE)?
The DALE program was established to provide temporary immigration status in the United States for non-citizen workers who file complaints against their employers with workplace enforcement agencies. These complaints, for example, could be about unpaid wages, inadequate meal or rest breaks, harassment or discrimination, or being retaliated against because you made a complaint. DALE was intended to provide protection from deportation for up to four years, with a possibility to renew that protection for an additional two years. (It does not provide a pathway to citizenship.) DALE’s benefits also included eligibility for a Social Security card, a driver’s license or REAL ID license, and health insurance under the Affordable Care Act (ACA).
It is now very risky for some non-citizen workers to apply for DALE because of the Trump administration’s extreme immigration policies.
What has changed about DALE under the Trump administration?
In July 2025, it was reported that the Department of Homeland Security (DHS) had ended the DALE program, and that it was no longer processing applications. Applications for DALE, therefore, may no longer be accepted. There have also been other policy changes that could harm DALE applicants or recipients. In addition, future actions of DHS concerning DALE are likely to be difficult to predict.
Any decision to apply for DALE should be made with extreme care, and in consultation with a trusted immigration attorney.
What are some of the pros and cons of applying for DALE now?
Applying for DALE notifies DHS that you are present and have been employed in the U.S., so it is risky to apply because the Trump administration could target applicants — especially those who are undocumented — for arrest and deportation. Other risks of applying for DALE now include sharing your address with DHS; receiving a Notice to Appear in immigration court if you have never been ordered removed; and being arrested, detained and/or deported by Immigration and Customs Enforcement (ICE).
There may, however, be some cases where it would still be advisable for certain persons to apply, including those who are already in detention or facing a deportation case.
We strongly recommend consulting with a trusted immigration attorney before requesting DALE. Beware of service providers who encourage you to apply regardless of the risks.
What if I already have been granted DALE?
If you have already been granted DALE, your deferred action status does not automatically change, nor does the validity of your work permit automatically change. While this status is subject to termination at any time, DHS is required to provide a notice in writing stating it plans to cancel your deferred action status. It is possible that some DALE recipients may lose their status, and DHS could try to deport them after your legal status expires. If you get a notice from the government saying it plans to revoke your DALE, you should consult with an immigration attorney as soon as possible.
What if I already applied for DALE?
Before 2025, pending DALE applications had a shorter processing time and higher approval rate. Given the new uncertainties surrounding the program under the Trump administration, it is likely applications will be processed more slowly and with less favorable outcomes. If you applied for DALE prior to 2025 and wish to withdraw your application considering the heightened risks, there is no guarantee that the instructions on U.S. Citizenship and Immigration Services (USCIS)’s website for withdrawing a DALE application is up to date. You should consult with an immigration attorney if you wish to withdraw your application.
Even if the withdrawal request is granted, USCIS will not return your filing fee.
What if I have been denied DALE?
A Notice to Appear is a document issued by DHS that officially begins deportation proceedings against an individual in immigration court. Notices to Appear are now being issued to anyone whose application for immigration benefits, including DALE, is denied. If your DALE application is denied, therefore, you could be placed in removal proceedings. ICE may also try to place you in “expedited removal,” meaning you would not have a chance to challenge your case in immigration court.
Will having DALE protect me from being detained by ICE?
Unfortunately, no. You could still be stopped and detained by ICE for several reasons, including: the ICE officer is not aware of or does not care about your status; ICE has other reasons to believe you are not lawfully in the U.S.; ICE is engaging in random “sweeps” or racial profiling; or the ICE officer you encounter is trying to meet a daily arrest quota.
It is important to familiarize yourself with your constitutional rights in case you encounter ICE. Constitutional rights apply to all persons, not only to U.S. citizens. If you are stopped by ICE, you have the right to remain silent and ask if you are free to leave. Be aware that anything that shows your immigration status or pending applications could also help ICE prove that you are a citizen of another country, so it is best not to provide any documents unless you are specifically ordered to do so. If you have a work permit and DALE approval notices, you should make a copy to keep at home in case ICE takes the originals.
Are there forms of immigration relief available besides DALE?
Workers who have been subjected to employer abuses may consider applying for other forms of labor-based immigration relief. Some workers may be eligible to apply for a T or U visa. A T visa is for individuals who are, or have been, a victim of a severe form of trafficking, including involuntary servitude, peonage, or slavery. A U visa can be granted to victims of certain qualifying crimes, which can include crimes that occurred in the workplace. We recommend speaking to an immigration attorney to evaluate whether you qualify for alternative forms of immigration relief.
How to Request Statements of Interest From California Agencies
California Civil Rights Department (CRD)
California Labor Commissioner’s Office (LCO)
California Agricultural Labor Relations Board (ALRB)
Cal/OSHA
External Resources:
- FAQ: Post-Election Updates – Deferred Action for Labor Enforcement (DALE) – National Immigration Law Center, Make the Road New York
- What DALEros should know under the Trump Administration – National Immigration Project of the National Lawyers Guild and the National Immigration Law Center
Much of the information in this fact sheet is drawn from “What DALEros Should Know Under the Trump Administration” (March 2025), a resource created by the National Immigration Project of the National Lawyers Guild and the National Immigration Law Center. Legal Aid at Work is grateful to them for their permission to incorporate this material here; any inaccuracies in this fact sheet are LAAW’s alone.
Last updated: June 2026