Featured Issue: Deferred Action for Noncitizen Workers Supporting Labor Enforcement Investigations

6/26/24 AILA Doc. No. 24062605. Deferred Action, Employer Compliance

DHS announced that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process. Deferred action protects noncitizen workers from threats of immigration-related retaliation from exploitive employers. Effective as of January 2023, this new process should improve DHS’s longstanding practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis.

On January 17, 2024, DHS announced that over one thousand noncitizen workers who were victims of or witnesses to a labor rights violation have been protected. DHS also announced guidance for noncitizen workers requesting a renewal of deferred action for an additional two years through these processes.

For more information, visit DHS’s website: DHS Support of the Enforcement of Labor and Employment Laws

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Seeking Labor-Based Deferred Action
Our panel of experts discussed eligibility for this expedited path to protection, how to identify and assist clients who could benefit from this policy, best practices for navigating the streamlined process, and lessons learned from successful early cases.
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Agency Guidance and Announcements

AILA Resources

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Agency Memos & Announcements

DHS Announces Process for Requesting Renewal of Deferred Action for Exploited Employees

DHS announced that over one thousand noncitizen workers who were victims of, or witnesses to, a violation of labor rights have been protected. DHS also announced guidance for noncitizen workers requesting a renewal of deferred action for an additional two years through these processes.

1/17/24 AILA Doc. No. 24012500. Deferred Action, Employer Compliance
Federal Agencies, Agency Memos & Announcements

DHS PowerPoint on Its Efforts to Support Labor Agencies Through Worker Protection

DHS provided a PowerPoint that outlined its efforts to support labor agencies including a description of the roles and responsibilities, the centralized process for workers to request deferred action, and contact information.

6/8/23 AILA Doc. No. 23060800. Deferred Action, Removal & Relief
Federal Agencies, Agency Memos & Announcements

DHS Will Streamline and Expedite Deferred Action for Noncitizen Workers Supporting Labor Enforcement Investigations

DHS announced that noncitizen workers who are victims of or witnesses to the violation of labor rights can now access a streamlined and expedited deferred action process, effective immediately.

1/13/23 AILA Doc. No. 23011351. Deferred Action, Employer Compliance, Removal & Relief
AILA Public Statements, Correspondence

AILA and Partners Send Letter to DHS on Prosecutorial Discretion for Labor Disputes

AILA and partners sent a letter to Secretary Mayorkas urging DHS to release guidance on prosecutorial discretion for individuals involved in labor disputes.

11/17/22 AILA Doc. No. 22112205. Prosecutorial Discretion, Removal & Relief