EEOC’s Support for Immigration-Related Deferred Action Requests to the DHS

Frequently Asked Questions

Q1: Does the U.S. Equal Employment Opportunity Commission (EEOC) accept requests to support immigration-related prosecutorial discretion in the form of deferred action for individuals who may be victims of or witnesses to unlawful discrimination in the workplace?  

A1: Yes. We consider such requests on a case-by-case basis. The EEOC has long supported the U.S. Department of Homeland Security’s (DHS) use of prosecutorial discretion to further enforcement of laws within EEOC’s jurisdiction. If individuals and/or their representatives would like the EEOC to support their petition to the DHS for deferred action based on an employment discrimination matter, they must submit a request for a “Statement of Interest” to the EEOC.   

Q2: How do individuals, or their representatives, ask the EEOC to support a request to DHS for deferred action?

A2: Individuals or their representatives should contact the EEOC Field Office located closest to where they live to request that the EEOC submit to DHS a “Statement of Interest” in support of their petitions for immigration-related prosecutorial discretion. The request should be sent by email to the attention of the District Director and the Regional Attorney of the particular field office. To email the field office’s District Director and Regional Attorney, insert their first and last name into the following email format: firstname.lastname@eeoc.gov.

Q3: What information should be included in the request for a “Statement of Interest”?

A3: The request should include:

• Information to identify the workplace involved in the relevant EEOC investigation or litigation;
• Information relevant to the factors, discussed in Q4, that the EEOC will consider when deciding whether to submit a “Statement of Interest” to DHS. This includes information about retaliation, whether immigration-related or otherwise, or fear of such retaliation, that is likely to deter employees from reporting to the EEOC or participating in its investigations or litigation; and
• Contact information for the requester.

Do NOT include:

• An individual’s immigration status or history; or
• Sensitive personally identifiable information, such as birth date or Individual Taxpayer Identification Number (ITIN).

Q4: What factors will the EEOC consider when deciding whether to support an individual’s request to DHS for deferred action?  

A4: Protecting the civil rights of individuals who participate in the EEOC’s investigations and/or litigation is critical to fulfilling the agency’s enforcement mandate. Historically, the EEOC has supported requests for prosecutorial discretion on a case-by-case basis where such requests directly align with the EEOC’s interest of preventing and remedying unlawful employment discrimination in the workplace. 

The EEOC will consider the following factors: 1) Whether the request relates to an open or closed EEOC investigation or litigation, including later acts of related retaliation; and 2) Whether deferred action would help the EEOC carry out its enforcement mission and priorities. If so, and at its discretion, the EEOC may provide a “Statement of Interest” to DHS stating that the EEOC believes DHS’s use of its prosecutorial discretion is necessary for the EEOC to effectively carry out its mission and that the EEOC supports the request for deferred action.

Q5: Must individuals requesting the “Statement of Interest” file a charge of discrimination with the EEOC?

A5: No, an individual does not have to file a formal charge of discrimination.  However, individuals will need to describe their experience or information as it relates to an open or closed EEOC investigation or litigation and why they believe deferred action would help EEOC carry out its enforcement mission and priorities.

Q6: Does a “Statement of Interest” provide any immigration status, protection, or relief?

A6: No, if the EEOC submits a “Statement of Interest” to DHS, the “Statement of Interest” does not provide any immigration status, protection, or relief. DHS retains sole discretion over whether it will exercise its prosecutorial discretion.

Q7: What happens after the EEOC makes a decision on an individual’s request for a “Statement of Interest”?

A7: If an individual’s request is granted, the EEOC will submit the “Statement of Interest” directly to DHS.  The individual or their representative will also receive a copy of the “Statement of Interest” for submission with their petition to DHS.

If an individual’s request is denied, the EEOC will not communicate with DHS about that request. Also, the denial of a request for a “Statement of Interest” will not change the EEOC’s enforcement of the laws within its jurisdiction.

Q8: Can the EEOC advise me about whether I should request a “Statement of Interest”?

A8: No, but you may wish to consult with an immigration attorney. A list of organizations providing free immigration legal services is available at: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers.