FAQ: Post-Election Updates – Deferred Action for Labor Enforcement (DALE)
This update, created in partnership with Make the Road New York, reflects our current understanding of the status of the DALE process and is focused on workers who may still be seeking to apply or have pending applications.
Organization Source:
National Immigration Law Center
Organization Website:
https://www.nilc.org/
Categories:
Civil Rights (CR) | CR – Workers’ Rights
Date Last Updated: November 24, 2024
What is the status of DALE and current processing times?
Applications for DALE can still be filed, processed and adjudicated. The average adjudication time has been around 60 days for individuals with no ICE contact and around 120 days for people with orders of removal or who are in removalproceedings. This is an average; there are some recent cases that have been pending longer. Although USCIS has stated it will make its best effort to adjudicate cases filed in November 2024 or earlier by January 20, 2025, they are receiving a high volume of cases, making it increasingly risky for workers to apply. Workers whose DALE requests are still pending at USCIS on January 20, 2025, risk being put into removal proceedings through the issuance of a “Notice to Appear.” Workers whose cases fall under ICE jurisdiction are unlikely to have an application for DALE adjudicated by January 20, 2025, and could face enforcement action.
What will happen when a worker’s DALE status expires?
When a worker’s two- or four- year grant of deferred action expires, they will revert back to their undocumented status. While they will not automatically be subject to enforcement action under current DHS policies, it is too soon to predict what procedures DHS may have in place in the future for individuals whose status expires.
Should workers still file first-time requests for DALE?
Only in limited circumstances. The risks of applying for DALE have increased significantly given the election results. Based on processing times and other factors, it may still be worthwhile to file for a limited number of workers:
- DALE applicants who are not in removal proceedings and do not have removal orders – No. Based on the current average of 60 days for adjudication of first-time DALE requests at USCIS, these applications should not be filed after November 20, 2024, because they are unlikely to be adjudicated before January 20, 2025.
- DALE applicants who are in removal proceedings – Maybe. Based on processing times, we believe it is veryunlikely that ICE will process new applications fast enough for approval before the inauguration. That said, if a new Trump administration does not halt DALE right away or if DHS speeds up adjudications, workers could get approvals. Individuals already in removal proceedings are unlikely to be increasing their enforcement risk by applying since they are already in proceedings and on the government’s radar and there may be possible strategic advantages to their removal case to have an affirmative application pending. Given the lower risks, we think applications for these individuals can be filed into December 2024 – though workers should be advised that it remains unlikely their cases will be adjudicated in time and the processing fee will not be refunded.
- DALE applicants with removal orders – No. Again, based on processing times, it is unlikely that ICE will process new applications fast enough for an approval before the inauguration. A DALE application may provide the applicant’s current address (although see below) and will alert DHS that they are still in the US. These workers should not take the risk of applying because we know that people with removal orders will be at very high risk of enforcement, detention and deportation under a new Trump administration.
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