As of the present time, the U.S. Department of Homeland Security (DHS) has a process to allow certain immigrant workers to seek temporary legal status and work authorization in the United States. This temporary status, called “Deferred Action for Labor Enforcement” (DALE), is meant to encourage workers to report employers’ unlawful practices without fear of immigration consequences, including deportation.
Before filing an application for DALE with USCIS, it is essential to obtain a consultation with an immigration lawyer. They will help you understand the benefits and risks of applying, and give you advice that is specific to your situation and your individual immigration history. Especially if you have a prior deportation order, a criminal record or outstanding warrants, you must obtain a careful assessment of your personal situation before you decide whether to apply for DALE.
Importantly, the new Trump presidency beginning on January 20, 2025 has sparked increasing concerns and questions about the future of DALE. While the information we provide here reflects our current understanding of the status of the DALE process, conditions may change and this information may become outdated. This means it is even more vital you consult with an immigration attorney before requesting DALE.
What exactly is DALE?
DALE, if granted, is a commitment from DHS to protect its recipient from deportation for four years, with a possibility to renew that protection for an additional two years. During this time, a DALE recipient is considered to be lawfully present in the United States and is able to apply for work authorization.
It is important to understand that DALE is only a temporary protection that does not offer any pathways to a permanent legal status in the U.S. Also, applying for DALE notifies DHS that you are in the United States, with the possibility that DHS could try to deport you after your legal status expires. Again, we strongly recommend that all immigrants speak to an immigration attorney before requesting DALE.
What should I know about the future of DALE after the 2024 presidential elections?
With a new Trump presidency beginning on January 20, 2025, many people have concerns and questions about DALE applications. It is impossible to know what will happen to DALE under this new presidential administration. However, there is a real risk that the DALE process as we understand it now may change in the coming months, and the information provided in this fact sheet may become outdated.
The National Immigration Law Center, in partnership with Make the Road New York, has issued a FAQ resource providing post-election updates reflecting their understanding at the time of publication of the status of the DALE process, with a particular focus on workers who may still seek to apply for DALE or have pending DALE applications. For answers to your questions regarding the status of DALE and current processing times; important information to know if you are applying for DALE for the first time or filing for a DALE extension or renewal; and information current DALE recipients should know, please read NILC’s DALE: Post-Election Updates and FAQ.
When submitting any application to the U.S. government, it is important to understand that you are sharing information with DHS. Especially given current concerns about the future of DALE, we strongly urge all workers to discuss the risks of applying for DALE with an immigration attorney.
How can workers apply for DALE?
The DALE application is typically made with the assistance of an immigration lawyer or a U.S. Department of Justice (DOJ) Accredited Representative. The Immigration Advocates Network has an updated list of free or low-cost immigration service providers that may be able to support workers with their applications. Additionally, in California, a new pilot program is in development that will provide free immigration legal assistance to agricultural workers involved in investigations by the Division of Labor Standards Enforcement.
DHS has a list of materials and forms that should be included with the DALE application on its website. Although the application for DALE is free, an applicant will also need to submit an application for employment authorization with their application, which requires a processing fee ($520, as of Sept. 2024). But this fee can be waived if the applicant is eligible for a fee waiver.
Importantly, before applying for DALE, workers must first request and receive a Statement of Interest (SOI) from the relevant labor agency.
What is a Statement of Interest (SOI) and who can request one?
A Statement of Interest (SOI) is a letter written by a federal, state or other labor agency in support of worker(s) who are requesting DALE. The purpose of the SOI is for the agency to inform DHS that granting you deferred action will assist the agency in protecting workers’ rights.
Workers or their advocates need to directly request an SOI from the labor agency with jurisdiction over the specific labor dispute the worker is involved in. Typically, workers get assistance from attorneys, labor organizers or other advocates in requesting an SOI.
Agencies review SOI requests on a case-by-case basis, and most have not posted estimated processing times for a worker to receive a decision on their request. After an agency approves an SOI request, it must first submit a courtesy copy of the SOI to DHS, after which the agency can provide the SOI to the worker. The worker must then submit this SOI to DHS as part of their application for deferred action.
It is important to note that a request for an SOI is not automatically granted. For example, the agency may deny the request if it determines that the dispute is not within its jurisdiction or enforcement priorities.
An SOI letter will name the employer and provide a brief description of the labor dispute. Although agencies will likely also name the worksite location and coverage dates for eligible workers, it will not name individual workers.
How does a worker request an SOI?
Labor agencies have their own processes for requesting an SOI. These are described below. In the typical case, a worker will already have filed a complaint with a particular agency, so that agency’s process must be followed. Although DALE is typically available to workers who have filed labor complaints with a federal, state or local government agency, in some cases filing a complaint may not be required. (Some agencies, like the U.S. Equal Employment Opportunity Commission or the California Civil Rights Department, do not require that a complaint already be filed or pending with the agency in order to request a SOI.)
Workers seeking DALE who have not already filed a workplace complaint should strongly consider doing so. Below is a partial listing of workplace enforcement agencies that have created a process for requesting SOIs.
How can workers renew their grants of deferred action?
On July 22, 2024, DHS announced that it will extend initial approvals for DALE from 2 years to 4 years. In addition, any DALE holders who were granted DALE for 2 years would be eligible to extend their DALE status to a total of 4 years. DALE recipients applying for extensions currently have much shorter processing times than other DALE applicants. We recommend you speak to an immigration attorney as soon as possible to advise you on your risks and eligibility to file an extension request.
This renewal request, including an updated Statement of Interest from a labor agency, should be submitted at least 120 days but no more than 180 days before the original period of deferred action expires. Labor agencies can revise their original SOI to address their continued interest and need for the protection of workers, or provide an addendum or short cover letter in addition to their original SOI.
Most labor agencies have not issued updated guidance on how to request updated SOIs at this time. The few that have are noted below. Workers and their representatives should refer to the labor agency’s website or contact the labor agency directly for additional guidance.
Click the drop-down menus below to learn more about the process to request a Statement of Interest by labor enforcement agency:
Federal
U.S. Department of Labor (DOL)
The DOL enforces more than 180 federal laws regulating labor, including those that cover wage and hour protections and workplace safety.
Eligibility: Any workers who are experiencing a labor dispute at their worksite are eligible to apply for a “Statement of DOL Interest.” DOL will assess each request based on a variety of different factors, including:
Whether deferred action would support DOL’s interest in holding labor law violators accountable and there is a need for workers/witnesses to participate in DOL’s investigation or enforcement of the law;
Whether workers are experiencing threats, fear, or actual retaliation which discourages them from reporting violations or participating in an investigation due to their immigration status which can be used to undermine DOL’s enforcement of laws in the geographic area or industry.
How to Submit a Request: Advocates can submit a request for “Statement of US DOL Interest” by emailing statementrequests@dol.gov with the subject line “Request for Statement of US DOL Interest.”
The DOL asks requesters to include the following information:
A description of the labor dispute including its location and how it is related to the laws enforced by DOL;
A description of any retaliation or threats workers may have witnessed or experienced related to labor disputes; and
A description of how fear among workers of potential immigration-related retaliation or immigration enforcement in the future may stop workers from reporting violations or cooperating with the DOL.
Requesting an Updated SOI: The DOL will consider a request for an updated SOI on a case-by-case basis. Requests for updated SOIs should be sent to the same email as above, with the subject line “Updated Statement of US DOL Interest Request.” The DOL recommends that workers and their advocates submit a request for an updated SOI no less than 160 days prior to the expiration of a worker’s grant of deferred action.
In the email, workers should clearly indicate that they are seeking an updated SOI to support a subsequent request to DHS, as well as provide information about the worksite and the date the initial SOI was provided. Requesters are also encouraged to provide any additional information relating to the factors above that the DOL uses to assess the need for an SOI.
Generally, the DOL will respond to an SOI request, whether it be for an initial SOI or updated SOI, within 30 days with a final determination or an update on the status of the request.
The EEOC is responsible for enforcing federal laws that prohibit discrimination against an employee or job applicant because of the person’s race, color, religion, sex (which includes gender identity and sexual orientation), national origin, and disability. It enforces these laws in many different work situations, including hiring, firing, promotions, harassment, wages, benefits, and training.
Eligibility: Someone requesting an SOI does not need to have filed a formal charge of discrimination with the EEOC. However, they will need to describe their experience or information as it relates to an open or closed EEOC investigation/litigation and why they believed deferred action would help EEOC carry out its enforcement mission and priorities.
How to Submit a Request: Requesters or their representatives should look up the EEOC Field Office that is nearest to them on the EEOC website and identify the District Director and Regional Attorney of the applicable field office. The requestor or advocate must email the request to both the District Director and Regional Attorney by inserting their first and last name into the following email format: firstname.lastname@eeoc.gov.
The request should include the following information:
Information to identify the workplace involved in the relevant EEOC investigation or litigation;
Information about how the request relates to an open/closed EEOC investigation or litigation, including any acts of related retaliation, and whether a grant of deferred action would help the EEOC carry out its enforcement mission and priorities. This should also include information about retaliation, whether immigration-related or otherwise, or fear of such retaliation, that is likely to deter employees from reporting to the EEOC or participating in its investigations or litigation; and
The NLRB is a federal agency that protects the rights of private employees to organize, with or without a union, to improve their wages and work conditions. It also aims to prevent unfair labor practices committed by private employers and unions.
Eligibility: Workers and their representatives may submit an SOI request if there is an ongoing NLRB investigation or enforcement action at the worker’s worksite and you are able to explain how immigration relief is necessary at that workplace to protect workers who may be willing to cooperate with NLRB’s investigation or enforcement action, but fear retaliation for doing so.
How to Submit a Request: Requests should be directed via email to all of the following: the Board Agent assigned to the case, the Immigration Coordinator in the Region, the Regional Director, and the Immigration Team at Immigration.Team@nlrb.gov.
Requests should include the following information:
The NLRB case number;
The location of the worksite(s) involved in the NLRB action; and
The employer’s name(s) as it appears on paystubs or other documents.
If the EEOC has not responded within three business days with an acknowledgment of your request (or accompanying information), please call 202-273-2900 and ask to speak to a member of the Immigration Team.
Requesting an Updated SOI: The EEOC instructs workers to follow the same process outlined above to request an updated Statement of Interest.
The Civil Rights Division of the U.S. Department of Justice enforces federal civil rights statutes that prohibit discrimination on the basis of race, color, sex, disability, religion, familial status, military status and national origin. For example, the CRD has the authority to enforce prohibitions against citizenship status discrimination in hiring, firing, or recruitment or referral for a fee; national origin discrimination in hiring, firing, or recruitment or referral for a fee; document abuse (unfair documentary practices) during the employment eligibility verification process; and retaliation or intimidation under the Immigration and Nationality Act.
Eligibility: The Civil Rights Division will consider issuing a Statement of Interest where the worker’s request for Deferred Action relates to a CRD matter involving a potential workplace-related violation. This can include investigations or cases involving employment discrimination, human trafficking, and other types of discrimination that occurred at or relate to a workplace. The CRD will assess each request based on a variety of different factors, including:
Whether the worker has participated or been involved in a CRD matter involving potential workplace violations that the CRD can remedy;
Whether the worker has witnessed a possible workplace violation that CRD has the authority to remedy, is assisting with a CRD matter, or is experiencing threats, fear, or actual retaliation for participating in a workplace-related investigation or enforcement action handled by the CRD; and
Whether deferred action would help the CRD carry out its enforcement mission given the particular circumstances.
Someone requesting an SOI does not need to have filed a formal complaint, charge or report of discrimination with the CRD. However, they will need to describe their assistance or participation in a CRD matter involving potential workplace violations. For more guidance on what “participation or assistance” is required, see the CRD’s FAQ’s.
The CRD will accept requests related to a matter that does not involve workplace allegations, such as discrimination in housing or education) but emphasizes that the DHS’s enhanced process is limited to potential workplace violations.
How to Submit a Request: Requesters or their representatives must fill out this online request form, which requires the requestor to include:
A statement explaining the requestor’s interest in support from the Civil Rights Division, including information identifying the workplace involved in the relevant Civil Rights Division matter;
The name of the Section in the Civil Rights Division handling the matter to which the request for deferred action relates; and
Contact information for the worker or their representative.
The CRD enforces California’s civil rights laws which protect against unlawful discrimination or harassment in the workplace because of a protected category (such as a person’s race, sex, national origin, disability, religion, among others). The agency also investigates complaints of human trafficking and hate violence.
Eligibility: A requester does not need to have filed a formal complaint with the CRD to request an SOI. Instead, a worker must only explain how the request relates to an open or closed CRD investigation or why the deferred action will help further CRD’s mission, priorities, or enforcement of the Fair Employment and Housing Act (FEHA).
How to Submit Request: An advocate can request an SOI by submitting an email request to SOIRequest@calcivilrights.ca.gov with the subject “Request for Statement of Interest.”
In the request, a worker must provide the following information:
Employer name and address, relevant dates of employment and illegal actions and the names of other people involved (alleged wrongdoers, witnesses, etc.), however the requestor can remain anonymous;
Detailed description of how the request is related to a CRD investigation or will further the CRD’s mission, priorities, and enforcement of the FEHA;
Detailed description of employer’s conduct or fear of retaliation that may stop worker(s) who may be covered by an SOI from reporting information or cooperating with CRD during an investigation; and
Contact information for the requester or their representative.
The LCO investigates claims involving wage theft, retaliation, child labor, licensing, and other California labor law standards.
Eligibility: A worker must have an active investigation or enforcement action against their employer with the LCO in order to request a SOI. Cases that have been closed will not qualify.
How to Submit Request: A worker or their representative can submit an SOI request to the LCO by sending an email to LCOstatementrequests@dir.ca.gov with the subject line “Request for Submission of Statement of Interest.”
The request should include:
Name and address of the employer, worksite address, LCO case number, and LCO unit investigating or providing enforcement, if known;
A brief description of the case and impact of the violations on the workers;
A description of retaliation or threats workers at the worksite may have witnessed or experienced related to labor disputes/immigration status;
California Agricultural Labor Relations Board (ALRB)
The ALRB protects the working conditions and collective bargaining rights of agricultural workers in California. The agency investigates unfair practices in the agricultural sector and enforces the California Agricultural Labor Relations Act.
Eligibility: A worker can submit a request for SOI with the ALRB during an active ALRB investigation or proceeding against their employer.
How to Submit Request: Workers or advocates can submit a request to Generalcounsel@alrb.ca.gov with the subject line “Request for Submission of Statement of Interest.” The requests can also be made on behalf of a group of workers.
The request should include the following information:
Name and address of the employer, worksite address, ALBR case number, if applicable;
A brief description of the case and impact of the violations on the workers;
A description of retaliation or threats (or fear of such) that workers at the worksite may have witnessed or experienced related to labor disputes/immigration status;
Cal/OSHA oversees the investigation and enforcement of workplace safety or health labor standards in California.
Eligibility: A worker can submit an SOI request in certain active inspections or appeals of citations by employers. The request may also be made on behalf of a group of workers.
How to Submit a Request: Workers or advocates can send their request to DOSHStatementRequests@dir.ca.gov with the subject line “Request for Submission of Statement of Interest.”
The request should include the following information:
Name and address of the employer, worksite address, Cal/OSHA inspection number, if applicable;
A brief description of the case and impact of the violations on the workers;
A description of retaliation or threats (or fear of such) that workers at the worksite may have witnessed or experienced related to labor disputes/immigration status;
