Deferred Action for Labor Enforcement (DALE) is a federal program that provides temporary immigration relief to non-citizen immigrant workers who experience or witness labor violations and support labor agencies’ investigations into such violations.
DALE is enforced by the U.S. Department of Homeland Security (DHS). It was created to bolster the enforcement efforts of labor law agencies, which ensure that employers follow workplace regulations and protections.
Through DALE, immigrant workers who are victims of, or witnesses to, the violation of labor rights can now access a streamlined and expedited deferred action request process and support labor law agencies without fearing immigration-related threats and retaliation from exploitive employers.
If your employer is under investigation by the New York City Comptroller’s Office, you can request a “Statement of Interest” letter from our office. Once approved by the federal government, this letter allows eligible workers to apply for Deferred Action for Labor Enforcement (DALE).
DALE can provide temporary protection from deportation and work authorization to undocumented workers. Speak to a trusted immigration attorney before deciding whether applying for DALE is right for you.
Visit the U.S. Citizen and Immigration Services Website for more information on DALE: DHS Support of the Enforcement of Labor and Employment Laws | USCIS.
What is Deferred Action for Labor Enforcement (DALE)?
Deferred Action for Labor Enforcement (DALE) is a relatively new process where the U.S. Department of Homeland Security (DHS) provides temporary protection from deportation for immigrants who have been a victim of or witness to a labor violation. A labor enforcement agency must submit a letter to DHS called a “Statement of Interest” saying they are investigating the labor violation and support a grant of DALE. The Statement of Interest covers all workers seeking DALE from the worksite. If you are granted DALE, you may be able to apply for work authorization. DALE can be granted for up to two years.
DHS makes these decisions on a case-by-case basis, and DALE may be renewed after two years if an investigation is ongoing. For more information, visit DHS’s website here: https://www.dhs.gov/enforcement-labor-and-employment-laws
Am I eligible for DALE?
You may be eligible for DALE if:
- You are a worker who has been a victim of or are a witness to a labor violation;
- Your workplace is under investigation by a labor enforcement agency, such as the NYC Comptroller’s Office; and
- The investigating agency has issued a “Statement of Interest” letter to DHS detailing why DALE would support the agency’s enforcement and investigation.
Can the NYC Comptroller’s Office issue a Statement of Interest letter for my workplace?
The NYC Comptroller’s Office can issue Statements of Interest to seek protection of workers whose workplaces are under prevailing wage law investigations. The Statement of Interest applies to the entire worksite, not just an individual worker. For more information, you can place a confidential call to our hotline at 212-669-4443 or email us at laborlaw@comptroller.nyc.gov.
What kinds of labor enforcement investigations does the NYC Comptroller’s Office do?
Our Office enforces the prevailing wage law. Prevailing wage is the wage and benefit rate set annually by the New York City Comptroller for employers performing public works projects and building service work on New York City government-funded work sites.
If you are employed on any of the following, your worksite may be covered by prevailing wage laws:
- Construction work on New York City public work projects such as streets, parks, public schools, subway stations, etc.
- Street excavations by utilities such as Con Edison or National Grid.
- Building service work such as janitor or doorperson in City office buildings or residential apartment buildings receiving certain property tax exemption benefits.
- Certain services to City agencies.
To learn more about whether you are covered by the prevailing wage law, visit our Worker’s Rights page here: https://comptroller.nyc.gov/services/for-the-public/workers-rights/wage-protections/know-your-rights/
If you believe your wages were stolen, please contact the New York City Comptroller’s Office, Bureau of Labor Law: Call us at (212) 669-4443 or email us at laborlaw@comptroller.nyc.gov
Please speak with an immigration legal expert before you decide whether applying for deferred action is the right choice for you based on your situation.
Free and safe legal services are available no matter your immigration status.
Finally, note that both, the New York State Department of Labor and the New York City Department of Consumer and Worker Protections may provide “statements of interest,” for non-citizen immigrants workers who are affected or witness labor violations.
For information on this process by the New York State Department of Labor, visit this website: Statement of Interest | Department of Labor (ny.gov).
For information on this process by the New York City Department of Consumer and Worker Protections visit this website: labor-related-deferred-action-faqs (nyc.gov).