Building Immigration Legal Capacity for Labor-Based Deferred Action: Models & Strategies

December 2025 Update: Since the publication of this resource, the Department of Homeland Security has archived its guidance on Deferred Action for Labor Enforcement (aka “DALE”), removed the “Labor Investigation Based Deferred Action” category from the G-325A form that is used to request deferred action, and stopped processing DALE applications. The below resource reflects prior information about DALE under the Biden administration. If you are considering applying for DALE, you should consult an immigration attorney about potential risks.

The Department of Homeland Security’s (DHS) new guidance supporting deferred action for workers in labor disputes has enormous potential to protect immigrant workers from deportation and exploitative working conditions, while at the same time building power for workers and immigrant communities.

However, eligible workers often face barriers to applying for this protection due to the lack of access to immigration representation. Worker rights organizations supporting directly impacted communities are confronting the limited capacity of immigration direct services organizations to represent workers, and many workers cannot afford the costs of hiring private attorneys. The two charts below offer models, strategies, and approaches to expanding immigration legal services capacity. Note: although zealous labor and employment advocacy is an essential piece of this new process, these charts are only intended to address immigration capacity for workers seeking deferred action.