Deferred Action for Labor Enforcement

It is known that undocumented and noncitizen workers are afraid to report labor or employment violations because they fear removal or other immigration-related retaliation from their employer.

To help employment and labor agencies enforce wage protection, workplace safety, labor rights, and other civil rights laws, the U.S. Department of Homeland Security (DHS) announced a streamlined process to grant these workers deferred action on a case-by-case basis. Deferred action is a form of prosecutorial discretion used to delay a person’s deportation for a period of time. A person does not need to be in deportation proceedings to be eligible for deferred action. 

Deferred action does not mean the undocumented or noncitizen worker gains lawful status or excuses any past or future periods of unlawful presence in the United States. However, an undocumented or noncitizen worker who is granted deferred action is considered lawfully present in the United States, for certain limited purposes, while the deferred action is in effect. If granted deferred action, the undocumented or noncitizen worker may be eligible for employment authorization. Deferred action generally lasts around two years but may be subject to termination at any time. 

A Statement of Interest is a document that is issued by a labor or employment agency and is necessary for an undocumented worker to apply for deferred action. If requested and approved, the agency will complete and submit a Statement of Interest to the United States Citizenship and Immigration Services (USCIS) to support an undocumented or noncitizen worker’s application.

A undocumented or noncitizen worker who may have been the victim or who may have witnessed discrimination in the workplace can request a Statement of Interest from that agency to support their application for deferred action.

Yes.  An individual can request that IDHR submit a Statement of Interest to DHS on their behalf to support their application for deferred action.  IDHR will consider a request for a Statement of Interest on a case-by-case basis.

A request may be made by a worker, advocate, or representative.  Requests may also be made on behalf of a group of workers.

To request a Statement of Interest, please contact IDHR via email or mail:

Email:  IDHR.Legal@illinois.gov

Or mail to:

Illinois Department of Human Rights
Attn: Legal/Chief Litigation Attorney for Employment
555 W Monroe St, Ste 700
Chicago, IL 60661

A request for Statement of Interest should include:

- Name and address of the employer;

- Worksite addresses;

- IDHR charge number;

- A brief description of the case and the impact of the violations on workers by the employer;

- A description of any retaliation or threats (or fear of such) workers at the worksite may have witnessed or experienced related to employment disputes or violations and/or immigration status;

- A point of contact (if possible) different from the individual requesting deferred action (including name, address, phone number and email address) who can respond to follow-up questions from IDHR. 

NOTE: Disclosure of individual worker names is not necessary to establish that IDHR has an active investigation or enforcement action.  When emailing a request, requesters should not disclose:

- An individual’s immigration status or history; or

- Sensitive personally identifiable information, such as birth date, Social Security Numbers, Alien Registration Numbers or Individual Taxpayer Identification Number (ITIN).

No. However, an undocumented or noncitizen worker requesting a Statement of Interest must provide IDHR with information related to an IDHR investigation of their employer and must explain why deferred action would assist IDHR to carry out its mission.

No. A Statement of Interest does not grant immigration status or provide protection from a deportation proceeding for an individual requesting and/or receiving a Statement of Interest. It assists DHS in determining whether to give prosecutorial discretion to defer deportation (deferred action) due to a labor or employment agency investigation.

If IDHR issues a Statement of Interest, IDHR will send it directly to the United States Citizenship and Immigration Services (USCIS) and will forward a copy of it to the requestor. If IDHR denies a request for a Statement of Interest, IDHR will inform the requestor in writing of its decision. IDHR will not inform USCIS or DHS of any denial of a request for a Statement of Interest.

No.  IDHR does not use names or personal information on the Statement of Interest. IDHR will only disclose the name of the employer and the time period and description of the violations to the workers. 

No.  DHS exercises sole discretion in deciding whether to grant deferred action.  The issuance of a statement of interest by IDHR does not guarantee that DHS will grant prosecutorial discretion in any individual case.

No. IDHR cannot provide any advice. Undocumented or noncitizen workers may seek immigration law advice before deciding whether to request a Statement of Interest or whether to submit a request for the use of prosecutorial discretion to DHS. A list of organizations providing free immigration legal services is available at: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers