Official Site of The State of New Jersey

Immigrant workers are less likely to report work rights violations. They may fear their employer will use their immigrant-status against them. The US Department of Homeland Security (DHS) has a process to help address this fear.

Immigrant workers who report work rights violations to NJDOL can request temporary protection from deportation, called deferred action:

• Deferred action delays the deportation of an immigrant who does not have valid status to be in the U.S., typically for two years. You may be able to make additional deferred action requests after the initial period.
• DHS grants deferred action and may end or extend this period at its discretion.
• NJDOL can provide one component you need for your application to DHS, which is called a Statement of Interest in support of deferred action.
• You could be eligible for employment authorization if you are granted deferred action.
• If you are granted deferred action, you must stay involved in the ongoing NJDOL enforcement action against your past or current employer.

• It is NJDOL's responsibility to ensure employers adhere to New Jersey workplace laws. Violations of these laws can trigger an enforcement action by NJDOL.
• An enforcement action begins when NJDOL receives a complaint or notice about a possible violation or proactively opens a case against an employer, which may be in violation of one or more laws it enforces. This is the pre-investigative phase.
• An enforcement action also includes the investigation of a complaint, any related judicial proceedings, and compliance with the terms of a settlement agreement.
• An enforcement action ends when a worker receives the remedies owed to them along with any fees and penalties due to the state or when NJDOL concludes that no violation of the law has occurred.
• An enforcement action may be completed in a very short amount of time or it may take multiple years to come to an end, depending on the complexity of a case, the number of workers impacted, and whether an employer cooperates.

To request deferred action from DHS, you need a Statement of Interest from NJDOL.

NJDOL considers several things when deciding if it should issue a Statement of Interest:

1. NJDOL’s need for additional complainants and witnesses to participate in upcoming hearings and testimonies and need for additional complainants to come forward in a case against an employer;
2. NJDOL’s ability to obtain and provide all available remedies under the law;
3. Whether immigration enforcement concerning workers could impede NJDOL’s ability to enforce the laws within its jurisdiction; and
4. The likelihood that immigration enforcement could be used as an instrument to undermine employer compliance with the laws under NJDOL’s jurisdiction.

Immigrant workers who support NJDOL in an ongoing NJDOL enforcement action against their past or current employer can request a Statement of Interest. Workers are encouraged to seek help from a trusted source to request a Statement of Interest from NJDOL. A group of workers can also request a Statement of Interest.

Email your request to immigration-relief@dol.nj.gov for NJDOL to consider. NJDOL will respond to your email to confirm that we received it. NJDOL tries to provide a decision within 30 days of receiving your request.

Do not include sensitive information:

• Your immigration history or needs.
• Sensitive personally identifiable information. This includes dates of birth, Social Security Numbers, or Alien Registration Numbers.

Please do include:

• The name(s) of the employer(s) and place(s) of employment
• A copy of the complaint(s), if available
• Description of the dispute with your past or current employer and how it relates to laws enforced by NJDOL
• Whether you have traditional evidence of employment (like a W2) or if cash-off-the-book employment might be an issue
• Description of how your fear of immigration-related retaliation or enforcement prevents you from reporting violations or cooperating with NJDOL
• When the alleged violations began

IMPORTANT: NJDOL’s involvement in the deferred action process ends with issuing a Statement of Interest.

Upon receiving a Statement of Interest from NJDOL, you can request deferred action under DHS’s centralized process. You must submit the Statement of Interest, among other things, such as a written request, necessary forms, and evidence, directly to DHS. The complete process for requesting deferred action can be found on the United States Citizenship and Immigration Services’ (USCIS) website on deferred action.

Workers who receive a Statement of Interest from us should remain available to assist NJDOL throughout our enforcement action against their past or current employer. Failure to do so could lead to NJDOL revoking its Statement of Interest.

• NJDOL cannot provide legal advice or help you determine if applying for deferred action is right for you.
• NJDOL encourages you to seek legal advice to decide whether to apply for deferred action.
• Free legal service providers are available here: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers (select New Jersey on the map).

If you have questions about submitting a request for a Statement of Interest with NJDOL, email immigration.relief@dol.nj.gov 

For questions about the deferred action program, or for resources in English and Spanish, visit the USCIS website.