DHS Deferred Action Policy

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On January 13, 2023, the U.S. Department of Homeland Security (DHS) announced its Deferred Action Policy to protect the rights of non-U.S. citizen workers and improve workplace conditions. This policy aims to strengthen the ability of labor and employment agencies to investigate labor violations while holding abusive employers accountable. Under the policy, DHS may grant victims or witnesses to labor violations deferred action from removal and allow recipients of deferred action to obtain a temporary classification for the duration of a labor and employment agency investigation or enforcement action.

In order to be eligible, the labor violations must be under investigation by a federal, state, or local labor agency AND the agency investigating the labor violations must submit a letter to DHS supporting your eligibility for Deferred Action. DHS considers Deferred Action applications on a case-by-case basis.

The Minnesota Attorney General’s Office recommends that individuals interested in Deferred Action consult with a qualified immigration attorney.

You may be a victim of labor violations if your employer, in the past or present:

If you are granted Deferred Action1

Important to Know


  1. Deferred Action generally lasts for two (2) years, or until the investigation ends. Deferred Action may be eligible to be renewed.
  2. DHS’s practice of not sending worker information from USCIS to ICE is at the discretion of the agency and could be modified if there is a change of administration at the federal level (i.e., a new President is elected).

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