Labor-Related Deferred Action FAQs

Deferred action is when DHS uses its discretion in immigration matters and provides a noncitizen temporary protection from deportation for a certain period of time. Deferred action, on its own, does not provide a path to become a permanent resident or citizen of the United States. However, if you are granted deferred action, you may be eligible for employment authorization (permission from the federal government to work).

A worker may request deferred action for a period of up to two years. A worker who has been granted deferred action may also request that DHS extend or renew the deferred action protection if a labor agency’s investigation or enforcement action is ongoing and the labor agency provides a statement in support of the extension. Deferred action protection can be terminated by DHS at any time.

This FAQ provides information about how to request a Statement of Interest from DCWP. Requests for deferred action must be made directly to DHS. DHS offers information about applying for labor-related deferred action at dhs.gov

Anyone who is interested in applying for deferred action from DHS is strongly encouraged to speak with an immigration attorney to understand the deferred action protection and the process for requesting it, and to decide whether applying for deferred action is the right choice for you based on your particular situation.

ActionNYC offers free and safe immigration legal help regardless of immigration status. Visit nyc.gov/actionnyc.

The Statement of Interest is a letter that describes DCWP’s investigation or enforcement action, the employer or hiring party, worksite, and group(s) of workers who may be helpful with the agency investigation or enforcement action, and why granting deferred action would support the agency’s enforcement interests. The Statement of Interest typically does not name individual workers.

If a labor agency like DCWP provides a Statement of Interest letter, the worker can include the statement in their deferred action application to DHS through a streamlined process specifically designed for workers who are victims of or witnesses to violations being investigated or prosecuted by labor agencies.

Yes. DCWP can receive requests from a worker or groups of workers who want a letter (or “Statement of Interest”) from DCWP in support of their deferred action request(s) to DHS. DCWP considers requests on a case-by-case basis.

Workers who believe that they experienced or witnessed a violation of a law that DCWP enforces can notify DCWP and request that DCWP provide a Statement of Interest. A request can be made by a worker or by an advocate or legal representative on behalf of a worker. Requests can also be made on behalf of a group of workers.

Requestors should send the request to SOIrequest@dcwp.nyc.gov with the name of their employer or company that hired them in the subject line of the email.

Requests should include the following information, as applicable. Information marked with an asterisk (“*”) is required to process the request.

• Name of the employer or hiring party*;
• Worksite address(es)*;
• A brief description of the alleged violation(s) that the worker experienced or witnessed*;
• A point of contact who can respond to follow-up questions from DCWP, including an e-mail address and phone number*;
• DCWP intake number and the division or staff investigating or prosecuting the case, if known;
• A brief description of the investigation or enforcement action, if known;
• As relevant, please describe any retaliation, threats of retaliation, or fear of retaliation that is likely to deter cooperation with a DCWP investigation or enforcement action;
• If available, any information you have about violation rates, retaliation, or worker vulnerability in the industry at issue;
• If applicable, the name and contact information for workers’ legal representative or advocate.

In the emailed request, requestors should not disclose:

• Individual worker’s particular immigration status, history or needs;
• Sensitive personally identifiable information, including dates of birth, Individual Taxpayer Identification Number (ITIN), or Alien Registration Numbers.

Disclosure of individual worker names is not necessary; however, if available, the request should attach pay stubs, W-2s, or other documents to show the name of the employer, the worksite address, and dates of employment. Workers’ personal identifiable information may be redacted.

DCWP may contact the requestor with questions or ask for additional information necessary to evaluate the request; so, it is important to include current and reliable contact information.

DCWP may contact the requestor with questions or ask for additional information.

DCWP will evaluate the request to determine whether the requestor is covered by the scope of an open investigation or enforcement action and whether deferred action for workers at the worksite would help DCWP’s work. DCWP will review the request on a case-by-case basis and, based on several factors, decide whether to provide a Statement of Interest. See FAQ #8 for more information.

If the worker is not covered by the scope of an open investigation or enforcement matter, DCWP may request more information to determine whether to open a new investigation or expand the scope of an investigation, including interviewing the worker who experienced or witnessed the violation.

DCWP will let the requestor know whether it will submit a Statement of Interest to DHS or not. If DCWP decides to provide a Statement of Interest, then DCWP will provide both DHS and the requestor with a copy of the Statement of Interest. The worker can then include the Statement of Interest in their deferred action application to DHS.

DCWP’s submission of a Statement of Interest does not guarantee that DHS will grant a deferred action application. Anyone who is interested in applying for deferred action from DHS is strongly encouraged to speak with an immigration attorney to understand the deferred action protection and the process for requesting it, and to decide whether applying for deferred action is the right choice for you based on your particular situation.

ActionNYC offers free and safe immigration legal help regardless of immigration status. Visit nyc.gov/actionnyc.

A request for a Statement of Interest from DCWP may be made by an individual worker or by their advocate or legal representative. An advocate or representative may make a request on behalf of a group of workers who experienced or witnessed a violation.

Factors that may be considered include, but are not limited to:

• Whether victim or witness participation would help an open DCWP investigation, enforcement action, or possible enforcement;
• Whether workers are experiencing retaliation, threats of retaliation, fear retaliation, and/or may be discouraged from reporting violations or participating in DCWP investigations or enforcement actions;
• Whether immigration enforcement could be used as a tool to undermine DCWP’s enforcement of worker protection laws.

No. A Statement of Interest from DCWP does not provide immigration-related status, protections, relief, or benefits to individual workers. Workers must apply to DHS for deferred action and include the Statement of Interest as part of a deferred action application. See FAQ #1 for more information.

No. DHS decides whether or not to exercise its immigration-related prosecutorial discretion. A Statement of Interest from DCWP does not guarantee that DHS will exercise its discretion in an individual case. A Statement of Interest from DCWP is generally considered a positive factor when DHS reviews a deferred action request; however, DHS will review all factors and weigh DCWP’s enforcement interests against other factors when evaluating deferred action requests.

DCWP will treat information shared as part of a Statement of Interest request confidential to the maximum extent permitted by law and will not disclose it without your permission or unless required by law.

DCWP will seek permission before including any personally identifiable information of an individual worker in the Statement of Interest it provides to DHS.

DCWP responds to requests for a Statement of Interest as quickly as possible. If requests are incomplete or DCWP needs to gather more information in order to make a determination, the determination may take longer.

A worker can request expedited processing for emergencies or extraordinary circumstances if needed. The request to SOIrequest@dcwp.nyc.gov should note “Request for Expedited Processing” in the subject line of the email.

If DCWP decides not to provide a Statement of Interest, the requestor will be informed as soon as possible. DCWP has discretion not to issue a Statements of Interest and there is no appeal process.

If DCWP decides not to provide a Statement of Interest, DCWP will not communicate with DHS about the request.

DCWP will continue to enforce the laws within its jurisdiction regardless of workers’ immigration status or any denial of a request for a Statement of Interest.

DCWP can provide a Statement of Interest for inclusion in a deferred action application and can respond to requests for additional information from DHS, but only DHS has the authority to grant or deny a deferred action request.

Yes. Workers do not need to have an active removal (deportation) case to be eligible for a Statement of Interest or to apply for deferred action.

Workers who are considering requesting deferred action are strongly encouraged to seek immigration legal advice and review DHS’ website before deciding whether to request a Statement of Interest or apply for deferred action. Visit dhs.gov. DCWP cannot provide advice about the deferred action process.

ActionNYC offers free and safe immigration legal help regardless of immigration status. Visit nyc.gov/actionnyc.

The process to request a Statement of Interest from DCWP is separate from the process to request that DCWP certify a U-Visa application. Workers may request both a Statement of Interest and a U-Visa certification, but the U-Visa certification application must be completed and submitted separately. Workers who are interested in a U Visa or T Visa can learn more by visiting the Mayor’s Office of Immigrant Affairs website at nyc.gov/immigrants. Workers can download U-Visa Certification Application Form and learn about resources and information for Immigrant Workers by visiting the DCWP website at nyc.gov/dcwp.

Questions about requesting a Statement of Interest from DCWP should be emailed to SOIrequest@dcwp.nyc.gov.