What is Deferred Action for Labor Enforcement (DALE)? FAQS
MassJwJ fights alongside all workers in the struggle for a just and equitable workplace. With our friends at Suffolk University Law School’s Immigrant Justice Clinic and the Brockton Workers Alliance, we’re sharing more information about Deferred Action for Labor Enforcement. You can download a pdf of this information here. Documents are also available as pdfs in Spanish, Portuguese, and Haitian Creole.
Deferred Action for Labor Enforcement (DALE) is a way to receive a work permit and other benefits (see benefits below). It provides temporary protection from deportation for noncitizen workers whose worker rights have been violated. The protection from deportation lasts for two years, but there may be opportunities to extend this protection.
How do I know if my worker rights have been violated?
• Your boss is not paying you for your work.
• They keep telling you they’re going to pay you and they don’t.
• They owe you money for past work.
• They give you bad checks/their checks bounce.
• Your boss is not paying you minimum wage.
• Your boss is not paying you overtime.
• You don’t get paid for work missed when you’re sick.
• You were a victim of violence in the workplace.
• You are too young to work (younger than 18 years old).
• Your boss threatens to re you or pay you less because you want to join a union.
• Your boss harasses you and/or discriminates against you based on your race, color, religion, nationality, sex, and/or age, or allows this behavior from others in your workplace.
• Your boss does not provide adequate safety equipment on the worksite.
Who can apply?
To be eligible to apply, a noncitizen worker should consult with a community organization that will help them complain to a labor agency that has the power to open an investigation into the worker’s employer. When an investigation is opened into an employer the labor agency will write a leer outlining why they are investigating the employer and the time frame of violations they are looking into. A noncitizen worker that has experienced labor violations and worked for the employer during the time frame being investigated, will be eligible to apply for DALE.
Will my employer know that I complained?
No, the labor agencies investigating the employer will not tell them who complained.
What are the benefits?
Noncitizen workers that are eligible for DALE can apply for a work permit simultaneously. Through applying for a work permit, noncitizen workers that are granted DALE can also apply for a Social Security card. If granted DALE, a work permit, and a Social Security card, noncitizen workers are eligible to receive valid state identication, including driver’s licenses, in every state.
You should note that in Massachuses undocumented people can get driver’s licenses. You don’t need to have a work permit, visa, or any immigration status.
How long will it take to get my work permit?
There is no guaranteed time frame for how long it takes, but approval for work permits generally take around 4-5 months. Note that this time frame can be dierent if you already have an order of deportation.
Who can help me with this process?
Community organizations with volunteer resources and immigration aorneys can help you with this process.
In many countries in Latin America, people go to “notarios” for legal advice. In the United States, the equivalent to a “notario” is a notary public, and here notaries are not authorized to give and charge you for legal advice. We see many workers pay “notarios” in the U.S. a lot of money to help them with this process, but workers should go to free community resources instead.
Does this process cost money?
The application for a work permit does cost money-- $410. But if you cannot aord that, you can apply for a fee waiver and the government agency that you submit your application to will review any supplemental documents that you provide (such as pay stubs, bills, wrien statements about your circumstance, etc.) and determine if you are eligible for the fee waiver.
The best evidence for a fee waiver is evidence that you have MassHealth (health insurance oered by the state to persons with low income). If you don’t already have MassHealth, look here to see if you are eligible: hps://tinyurl.com/mass-health
What if I want to include my family?
With DALE, you can’t use it to protect family members, the benets are only available to you, the noncitizen worker who experienced the labor violation. If you are worried about your family members, you should consult with a community organization and/or immigration aorney and they can look into other forms of protection that can apply to your family, like visa applications and asylum.
Is this program a path to permanent legal status?
DALE is NOT a path to permanent legal status. It only provides temporary protection from deportation. DALE is not considered an immigration status, just an avenue for temporary protection, thus there is no option to adjust status to become a permanent resident.
If your goal is to become a permanent legal resident of the United States, you should consult a community organization and/or an immigration aorney and learn what visa paths or asylum you may be eligible for.
Can I apply if I have a deportation order?
Yes, you may still apply even if you have a deportation order. You should discuss the details of your case with an immigration aorney.
Are there any risks to applying?
The risks depend on your situation, including whether you have a criminal history in the United States or in another country. We recommend speaking with an immigration aorney to discuss your full situation before deciding whether to apply for DALE.
Please remember that this information is a resource for community members and does not constitute legal advice.
If you have questions about this information, please contact the Brockton Workers Alliance:
826 Belmont Street, Suite 1, Brockton, MA 02301 | 774-480-4737 |
brocktonworkersalliance@gmail.com