FAQ: New DHS Guidance on Prosecutorial Discretion for Labor Disputes

On January 13, 2023, the DHS released guidance that outlines a new, streamlined process for immigrant workers to obtain temporary protection from deportation and work authorization if they are involved in a labor dispute. Specifically, this new guidance clarifies that immigrant workers may be granted prosecutorial discretion—primarily in the form of deferred action—if they are victims of, or witnesses to, labor exploitation under investigation by a federal or state labor agency and the labor agency supports their request. 

This announcement comes after years of organizing by immigrant workers demanding protections when they seek to improve their workplaces, form unions, combat wage theft, defend civil rights, challenge harassment, and report unsafe working conditions. Their vulnerability to deportation has impeded their ability to speak out about labor violations and build power on the job, which in turn has driven down wages and working conditions and undermined the enforcement of our country’s core labor standards – to the detriment of all workers. 

Together with the policies announced by the U.S. Department of Labor and National Labor Relations Board in the last two years, these new protections represent a momentous victory that demonstrate the powerful wins workers can achieve when they organize.