NDLON Responds to 4-year Period for DALE Protections for Immigrant Workers

Los Angeles, CA – This week, the U.S. Department of Homeland Security quietly adjusted its policy on protecting undocumented immigrant workers who speak up about their abusive employers. It doubled, from two to four years, the period that workers can potentially receive deferred deportation and work authorization after blowing the whistle on labor abuses. Like the previous policy, workers are able to renew.

Cal Soto, NDLON Director for Workers Rights made the following response to the updated policy:

“The policy, often called Deferred Action Labor Enforcement or Desde Abajo Labor Enforcement, is — sadly — one of the best-kept secrets of the Biden Administration. It is an opportunity for our worker brothers and sisters to pursue a better life, with fairer pay, decent treatment and safer work conditions. By giving courageous workers the ability to defend themselves by speaking out, DALE puts power in the hands of those who might otherwise have few defenses against rampant exploitation.

“But nobody in President Biden’s Administration wants to talk about it. Homeland Security Secretary Alejandro Mayorkas and acting Labor Secretary Julie Su deserve credit for cooperating on administering DALE and, this week, improving it.

“But why the silence? DALE is life-changing for exploited workers. It is potentially life-saving for those who are exposed to dangers in the workplace. But a life preserver is no use if you don’t know it exists.

“Giving workers DALE protection for four years is a blessing to those who are rightly terrified of Donald Trump‘s possible return to power. The “MASS DEPORTATIONS NOW!” signs at last week’s Republican National Convention show that Trump and his Republican followers have every intention of ratcheting up the brutal treatment of immigrants in all aspects of life, including the workplace, where so many undocumented workers are victimized in every state, every day.

“It’s a powerful sign of our warped and dishonest national conversation on immigration to see that a pro-immigrant, pro-worker policy that cracks down on unlawful behavior has to be kept under wraps. Even though it just offers liminal protection for immigrant workers, it is a step toward legalization; and not even Tucker Carlson could call it an amnesty.

“The immigrant worker community has long endured disrespect, exploitation, and dangers of workplace abuses — rampant wage theft, long work hours in dangerous and inhumane conditions and even racist attacks. This announcement recognizes what day laborers have told DHS repeatedly, workers rights investigations to address these abuses take years; even in California or New York, a wagetheft case can extend for a decade.

“Thousands of workers have already had the courage to stand up and seek DALE protection. Their courage in exposing themselves to possible retaliation and retribution from employers — and from a potential second Trump Administration — is worthy of deep respect. Why can’t the Biden Administration show the same in promoting and defending one of their best and most consequential immigration policies?”

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