Department of Homeland Security’s Worksite Enforcement Memorandum: What You Need to Know

December 2025 Update: Since the publication of this resource, the Department of Homeland Security has archived Biden-era guidance on Deferred Action for Labor Enforcement (aka “DALE”) and resumed worksite immigration arrests and raids. 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.

On October 12, 2021, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued Policy Statement 065-06 on the subject of worksite immigration enforcement. The memo sets forth fundamental principles to guide DHS policies and practices, announces immediate positive changes to worksite enforcement and prosecutorial discretion policies, and directs U.S. Immigration and Customs Enforcement (ICE), Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP) to engage in a 60-day policy review process.

The changes announced represent a paradigm shift that will make workplaces across the country safer and more equitable for all workers, ensuring that immigrants can do their jobs safely and speak out against unjust treatment without fearing employer intimidation, arrest, or deportation.

The memo instructs DHS to “adopt immigration enforcement policies to facilitate the important work of the Department of Labor (DOL) and other government agencies to enforce wage protections, workplace safety, labor rights, and other laws and standards.” The recognition that DHS policies should affirmatively facilitate the enforcement of labor and employment laws is a significant shift for DHS.