Our Rights, Our Work, Our Home: Deferred Action for Workers In Labor Disputes

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.

Recently, NILC and our partners secured a big win when the Department of Homeland Security (DHS) announced a streamlined process for workers asserting their rights against abusive employers to access temporary immigration protections. This new process provides a simple path for workers to request ‘deferred action’ – temporary protection from deportation – for two years, with the possibility of renewal, if they are involved in a labor dispute at their workplace.

All of us, regardless of immigration status, deserve to work in a safe working environment, earn a living wage, and feel safe speaking up about workplace abuse without fear of retaliation.

Yet many employers engage in wage theft and unfair treatment, retaliate against organizing efforts, and allow dangerous working conditions that result in injury and even death. Federal labor laws have not been updated in years, and while state and local laws exist to protect workers, they can vary dramatically based on location. Many workers are afraid to report abusive employers, who threaten undocumented workers with deportation to ensure they keep quiet regardless of the harm they experience. Workers who face firing, blacklisting, retaliation, or deportation are often too afraid to stand up for their rights.

NILC has moved quickly to ensure impacted workers receive the legal representation and assistance they need to pursue these temporary protections, so that workers can hold their employers accountable without the fear of deportation.  We have partnered with local community-based organizations to maximize the number of workers able to access relief and has published resources to educate attorneys and workers on how deferred action can make worksites and entire communities safer.