A streamlined process to submit deferred action requests is now available for noncitizen workers who are witnesses to or victims of labor rights violations, the U.S. Department of Homeland Security (DHS) announced. Deferred action protects noncitizen workers from exploitive employers who use threats of immigration-related retaliation for reporting labor enforcement issues.

Requests submitted through the centralized process help streamline the management of these case-by-case reviews. This single intake process also works with other labor enforcement agencies, so individuals and those considering the filings have one source. Further, DHS is providing new guidance to labor agencies regarding processes to seek deferred action for certain workers.

The discretional grant period for approved deferred action continues to be two years, subject to termination at any time. Some may be eligible for employment authorization per existing regulations. Qualifying circumstances apply. For noncitizens in removal proceedings or with a final order of removal, USCIS will send these deferred action requests to U.S. Immigration and Customs Enforcement (ICE) for a final determination on a case-by-case basis. USCIS will review all other deferred action requests submitted to them. In addition, all related employment authorization applications will be considered by USCIS, including those determined by ICE. Read the full announcement here.

If you have questions about deferred action, labor enforcement investigations, or any other immigration-related issue, please contact us.