Thousands have received work permits or temporary protection from deportation for reporting workplace abuse or dangers under the Deferred Action for Labor Enforcement.
By Erika Pérez
A group of day laborers wait for contractors to enter on the Western Boulevard entrance of The Home Depot, 4555 S. Western Blvd., in Chicago, on Thursday, April 4, 2024. (Sebastián Hidalgo/for City Bureau)
With President Donald Trump’s return to the White House, there is uncertainty surrounding the future of work authorization programs and deportation protections for people in the Unites States without legal permission.
The federal Deferred Action for Labor Enforcement program — known as DALE and pronounced like the Spanish word dalé (dah-LAY) — helps workers in the country without authorization to speak up about violations they witness in their workplace without risking deportation-related retaliation from an employer.
In approved cases, the government will delay deportation prosecution for up to four years (a process known as deferred action). Immigrants are eligible to receive a work permit during that time.
At least 7,700 workers received protection from deportation as of the end of October, NPR reported. It is unclear what will happen to that program now, with many advocates saying they expect Trump to end it or stop processing applications. In November, the National Immigration Law Center advised most workers not to apply for DALE for the first time, saying it was increasingly possible people would not be approved before Trump took office, and they then could be subject to deportation proceedings.
Trump and his advisors have pledged mass deportations during his second term. Immigration and Customs Enforcement agents carrying out “targeted operations” in Chicago over the weekend, after warnings the city would be a focal point for crackdowns, according to local media . It wasn’t immediately clear where federal agents focused their efforts or how many people were detained in Chicago, the Tribune and Sun-Times reported. The city launched a Know Your Rights ad campaign throughout the CTA last week, bracing for potential ICE raids.
Warehouse Workers for Justice is a Chicago-based labor organization that has worked to help undocumented workers fill out applications for DALE. The process requires significant training, as well as input from immigration attorneys in some cases.
Executive Director Marcos Ceniceros spoke to City Bureau in 2024 about the DALE program and the program’s positive outcomes for workers looking to organize.
This interview has been condensed and edited for clarity.
Marcos Ceniceros, executive director of Warehouse Workers for Justice. (Provided)
why do workers in Illinois need DALE?
Workers don’t like to speak up about work violations. They don't raise a flag about what they witness due to fear of losing their jobs. The federal DALE program has changed that narrative. Workers are coming to us and telling us about dangerous activity happening in the workplace. The U.S. Department of Homeland Security is granting these workers deferred action on a case-by-case basis. In some cases, workers get work authorization.
What has been the impact of DALE so far, and who has benefitted from it?
Workers no longer have to live in the shadows. For them to finally be able to receive work authorization, a Social Security number and a driver’s license — it’s a weight off their shoulders. DALE is an organizing tool to bring more people forward and actually point the finger at the bad actors. For so long, companies have taken advantage of and exploited undocumented workers. This program addresses those issues. It’s important because labor is at the center of these people’s lives.
What are some issues with the renewal process of DALE?
After the [deferred deportation] period is over, people have to go through all of the steps to renew their application. It feels redundant to have to go through putting together all your documents. The investigation may go on for years. People will continue to have to send statements from labor agencies to update them on the investigation. It also takes money; it's like $520 every two years [depending on the length of the investigation].
Editor’s note: In July, President Joe Biden’s administration extended the period of deferred action from two years to four. People who initially were granted two years of protection could reapply to have that status changed to four years.
Are newly-arrived immigrants who might seek out asylum or Temporary Protected Status eligible for DALE?
Since they are going through a different process for work authorization, they wouldn’t be eligible. DALE is granted to workers [already] in a work facility who are undocumented.
Has your organization connected with recent arrivals?
We tried to connect with as many people as we could on the ground, who either managed hotels or knew a group of workers. We talk to them about their rights. We did as much as we could, either through official channels like the city, or unofficial channels.
Have you seen tensions with undocumented workers and asylum-seekers?
We've seen employers hire recently arrived asylum-seekers who have a Temporary Protected Status (TPS) to replace some of the undocumented workers who are maybe being a little too [vocal about their rights] and are starting to ask questions. That's creating a little bit of tension.
Why should DALE be a permanent program?
Having workers go through exploitation or abuse in order to qualify for basic labor protections is not fair. Workers have to work, suffer abuse and then file with an agency. It can be a daunting process. It would be great to have the program be more permanent, but a real solution here is work permits for everyone. Pulling back the curtain of fear for workers really shows how it is important to have a more permanent solution.
Find more coverage on migrant labor by City Bureau’s Civic Reporting fellows here, including a Know Your Rights guide, published in collaboration with Latino Union of Chicago. Support City Bureau’s Civic Reporting fellowship by becoming a recurring donor.