What DALEros Should Know Under The Trump Administration

Yes. There was an option on the form you submitted to receive your work permit. Even if you did not receive a social security card, you can still ask for one at a Social Security Administration office. As of January 2025, you will need to make an appointment beforehand.

Yes. All 50 states have to provide driver’s licenses to people with deferred action-based work permits, including REAL ID licenses which do not show a person’s status and can be used as ID at airports. However, starting May 7, 2025, you will need either a REAL ID compliant license or passport to fly in the United States.

Yes. People with deferred action are eligible to buy insurance on the marketplace under the Affordable Care Act (ACA).

Yes. While you have the temporary status of DALE, it is a great time to consult with a trusted immigration attorney or accredited representative about other types of benefits that you may qualify for and that could lead to permanent status and a green card. For example, some workers may be eligible to apply for permanent status based on family members who are United States citizens or permanent residents, while others may be eligible to apply for a U or T visa, which provide a pathway to permanent status for victims of specific crimes.

These are visas for victims of certain crimes that provide a pathway to permanent status, including human trafficking (T visas) and other crimes that can occur in the workplace, as well as crimes like domestic violence, sexual assault, robbery, and others (U visas). If you were harmed while at work or outside of work, be sure to say this when you speak to an immigration attorney or accredited representative.

Yes. Many workers choose to apply for a new job with their DALE and work authorization. You can use your work permit and social security number to apply for the job opportunity. Be aware that whether you change jobs or provide your new DALE work permit to your current employer, employers are required to check or “re-verify” your work authorization before it expires. If your employer does this when your DALE is expiring and you do not have new work authorization, you could lose your job.

• Ending the Biden Administration’s immigration enforcement priorities: The Biden administration instructed ICE to prioritize certain immigrants for arrest, detention, and deportation, which were mainly people with serious criminal histories or who entered the United States very recently. Under the Trump administration, all immigrants are a priority. When all immigrants are a priority, ICE can target a wider range of immigrants, though this does not mean they will specifically target DALEros.
• Expanding of Expedited Removal: The Trump Administration has expanded a program that allows ICE to quickly deport people without ever seeing an immigration judge. This could apply to DALEros who did not arrive on a visa and have been in the United States for less than two years. It could also apply to DALEros who arrived in the United States by presenting themselves at a port of entry (like a border bridge) without a valid visa at any time in the past and were allowed to enter on parole.
• Passing the Laken Riley Act: This new law allows ICE to detain people who are arrested, charged, or convicted of, or admit to committing the crimes of burglary, theft or larceny, shoplifting, assault on a law enforcement officer, or any crime that results in death or serious bodily injury to a person. This means DALEros with new criminal charges could be at higher risk of being detained by ICE without bond. We do not believe this law should apply to any criminal activity that occurred before January 29, 2025, when the Laken Riley Act became a new law, but ICE may try to argue that it does.
• Changing Guidance for Crime Victims: ICE previously limited immigration enforcement against some survivors of crimes, including labor crimes. The Trump administration stopped this policy, making survivors of crime are now more vulnerable to ICE enforcement. This means DALEros and those who have applied for T or U visas or Violence Against Women Act (VAWA) relief may be at higher risk of enforcement.

No, we do not think so. DHS announced on February 25, 2025 that it would create a registration process for all immigrants over 14 years of age to register with the federal government after arriving in the United States (and have their fingerprints taken). The announcement also says that immigrants must carry proof of their registration with them at all times. DHS is threatening criminal and civil penalties for those who do not comply. A work permit document counts as a form of registration, so DALEros with work permits should not need to register with DHS again. However, if you have family members who have no status, they may be required to register but should consult a qualified immigration attorney or accredited representative beforehand.

Unfortunately, yes. This could happen for several reasons, including: the ICE officer is not aware of your status, ICE has other reasons to believe you are not lawfully in the United States, you are transferred to ICE custody from criminal custody, or the ICE officer you encounter is trying to meet a daily arrest quota. It is important to familiarize yourself with your rights under the United States Constitution, which applies to all persons, not only to citizens of the United States. These rights apply in situations where ICE or other law enforcement come to your home or your work, or you encounter them on the street or anywhere else.

If you are stopped by ICE, remember you have the right to remain silent and ask if you are free to leave. If you show ID, it is better to provide a driver’s license or REAL ID that does not, on its face, show your immigration status. If you are specifically asked to show proof of your status in the United States or your
“registration” in the United States, or if ICE proceeds to arrest you, then you should show them your work permit (or your DALE approval notice if you do not have a work permit for some reason).

You should keep a copy of your work permit and DALE approval notices at home in case ICE takes the originals. You should also consider keeping a copy of these documents in your email or in cloud-based storage, so you can access them remotely. If you have an attorney or accredited representative, you may also want to ask for a letter that explains your immigration status.

Be aware that anything that shows your immigration status or pending applications could also help ICE prove that you are a citizen of another country, so it is best not to provide any documents unless you are specifically asked to show proof of your status in the United States, your “registration” in the United States, or you are being (or have been) arrested or detained. It is best to speak with an immigration attorney or accredited representative first. Foreign documents like passports or consular IDs may help ICE show that you are a noncitizen who is in the country in violation of United States immigration law.

If you are pulled over by state or local law enforcement, only the driver is legally required to provide a license and proof of car insurance. As noted above, DALEros are eligible for a driver’s license and/or REAL ID, so if you are the driver of a vehicle and have a driver’s license and/or REAL ID, you should show it to the officer. Passengers do not need to provide any identification unless they are specifically asked to show proof of their “registration” in the United States or are traveling within 100 miles of a United States land or sea border.

Regardless of the type of officers (and whether you have a license or not) you have the right to remain silent and do not need to provide immigration documents unless you are specifically asked to show proof of your “registration” in the United States.

You have rights if ICE comes to your workplace. If ICE agents ask you to let them into your workplace, you can refuse and tell your supervisor. You have the right to remain silent and do not have to share information about your immigration status unless you are specifically asked for your “registration” in the United States. If ICE conducts a raid at the workplace that was being investigated by a labor agency and was the basis of your DALE application, you should notify your immigration attorney, accredited representative and/or worker center. The labor agency may be able to notify ICE that you and your co- workers participated in the labor case, which may make ICE more inclined to release you and/or your co- workers from custody.

Given the government’s threats of mass deportation, all immigrants without permanent status (including DALEros) should have a safety plan for themselves and their families, especially children, and including pets.

You may be. It is extremely important to talk to an immigration attorney or accredited representative as soon as possible if you receive a Notice to Appear in immigration court. Whether you are eligible for some kind of immigration relief will depend on your situation and your immigration history. Here are some examples of potential relief:

• Asylum: A form of protection that allows people to stay in the United States instead of being deported to a country where they fear persecution. A person can win asylum if at least one of the reasons they were harmed is because of their race, religion, nationality, political opinion, or the fact that they are part of a “particular social group.” Usually, you must apply for asylum within one year of being in the United States, but there are exceptions.
• Cancellation of removal: A protection from deportation that allows people in removal proceedings to ask an immigration judge to change their status to that of a lawful permanent resident if they have continuously lived in the United States over 10 years and meet other strict requirements, like proving that your United States citizen or lawful permanent resident parent, child, or spouse would suffer exceptional hardship if you were deported.
• Termination of removal proceedings: Immigration judges are authorized to terminate (or end) deportation proceedings based on deferred action status, including DALE. The judge is much more likely to agree to termination if the government attorney agrees to it. However, seeking termination can be risky under the Trump administration because if a case is terminated ICE can try to quickly deport the person through the fast-track deportation process known as “expedited removal.” We recommend speaking with an attorney or accredited representative about this option.

There are limited options for immigration relief for persons who have already received a removal order, whether from an immigration judge or an immigration official in expedited removal proceedings. If you are in this position, you should consult with an immigration lawyer or accredited representative. Some options that may be available to you could be:

• Request that ICE issue you a Notice to Appear in court: ICE has the power to choose to issue you a Notice to Appear in immigration court instead of deporting you based on your existing removal order. ICE may be convinced to do this if you have been living in the United States for a long time, have family ties here, and you do not have serious criminal convictions or otherwise present a public safety concern. Given the negative political climate against immigrants and the fact that all immigrants are now a priority for removal, however, ICE may not be inclined to do this.
• Reopen your immigration case with an immigration court: In certain situations, immigrants with removal orders issued by an immigration judge may be able to file a written motion to reopen asking the immigration court to reopen and cancel the order of removal so that they can be placed in active removal proceedings. This can happen even after an immigrant is taken into detention but requires quick work by a competent immigration lawyer or accredited representative who is familiar with the strict rules that apply to motions to reopen.
• Request a Reasonable Fear Interview: If you were ordered removed, departed the United States, and returned, and you have a fear of returning to your home country, you have the right to ask for the chance to seek protection from deportation called “withholding of removal.” The first step in this process is to state your fear loudly and ask for a “reasonable fear interview.” To pass the reasonable fear interview, you will need to show there is a more than 50 percent chance you will be “persecuted” (harmed physically, psychologically, or emotionally) because of your race, religion, nationality, membership in a particular social group, or political opinion if returned to your country.