DALE Program Ended: Immigrant Workers Lose Work Permit Protection

Five Years of Exploitation — and a Program That Came Too Late

A. B. moved from Ecuador to New York in late 2017 and found work making shoes at a Manhattan store. She was relieved to have a steady income. But for five years, she says her manager made sexual remarks, pressured her to leave her husband, and told her no one else would hire her because she had no legal immigration status. She cleaned toilets and offices — tasks never mentioned when she was hired. She cried in the bathroom and went back to work. "I had no choice," she said. "I was the support of my children and my family."

In 2022, A. B. left the job and filed a complaint with the New York State Division of Human Rights for workplace discrimination. Her lawyers also planned to apply for the Deferred Action for Labor Enforcement (DALE) program — a federal program that gave temporary work authorization (called an Employment Authorization Document, or EAD) to undocumented workers involved in labor investigations. From 2023 to 2025, DALE helped 7,700 workers report workplace abuse without fear of deportation. The Trump administration ended the program in 2025, before A. B.'s application could be submitted. Her case took four years to settle.

What DALE Did — and What Workers Face Without It

DALE's goal was to help law enforcement hold abusive employers accountable. Workers who came forward as witnesses were protected from immigration retaliation while investigations were ongoing. Mel González, project director of the Employment Law Project at the New York Legal Assistance Group (NYLAG), which represented A. B., said the program was critical. "By the time [a labor investigation] picks up, a lot of workers are either deported or voluntarily go back to their home country," he said. "Getting immigration relief from DALE helped people speak up." Without it, he says agencies responsible for enforcing anti-discrimination laws are already stretched thin — and non-English speakers are often left behind by a system that is not built for them.

Diego Fernandez, a workplace attorney at Make The Road — a nonprofit that serves immigrant communities — says workers are now pulling back from filing complaints. "I've had multiple clients who have been ready to file a complaint, but then pulled back, because they were like, well, actually, I don't know what this employer is going to do to me," he said. A second worker, Doris, a migrant from Mexico living in Brooklyn, was fired from her restaurant job of nearly seven years after one week in the hospital. She says her manager sexually harassed her — but she is considering going back just to support her three children. "I am very sad because finding a job is very difficult right now," she said.

What to Do

• Know your rights: All workers in the US — regardless of immigration status — have the right to file complaints about wage theft, sexual harassment, and unsafe conditions. Your employer cannot legally fire or threaten you for reporting abuse.
• Ask about a U-visa: A U-visa is a nonimmigrant visa for victims of certain crimes (including workplace abuse) that may allow you to live and work in the US for up to four years. You may be able to apply for a work permit (EAD) after USCIS makes a "bona fide determination" on your case — some law firms estimate this takes about 35 months. The full process can take five to ten years.
• Contact a nonprofit legal organization: Groups like NYLAG and Make The Road offer free or low-cost immigration legal help. They can review your situation and tell you what options may be available.
• Document everything: Keep records of any harassment, threats, or retaliation from your employer — dates, what was said, and who was present. This information may be important for a legal complaint or visa application.