Protection for Immigrant Workers: A Measure Few Know About

August 22, 2024
A group of people are sitting in a row at a job interview.

This initiative aims to ensure that immigrant workers feel safe reporting abusive employers without the fear of facing immigration enforcement. Abusive employers often threaten these immigrants, taking advantage of their immigration status.

As specified on the USCIS website: The U.S. Department of Homeland Security plays an important role in ensuring that our nation’s workplaces comply with our laws by supporting federal, state, and local labor and employment agencies to accomplish their important work enforcing wage protections, workplace safety, labor rights, and other laws and standards. See the Oct. 12, 2021,  DHS Policy Statement 065-06 , “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual.”

When an employee is the victim of a labor violation, they should file a complaint with one of the following agencies:

  • The U.S. Department of Labor,
  • The National Labor Relations Board,
  • The Equal Employment Opportunity Commission,
  • Along with certain state and local government agencies.

As explained by IMMIGRATION IMPACT, “With a statement of interest in hand, a worker can request deferred action and employment authorization from U.S. Citizenship and Immigration Services (USCIS). Like any DHS discretion request, individuals applying for deferred action must be evaluated for eligibility and risk based on their immigration and/or criminal history, as outlined in the practice manual from the National Immigration Project of the National Lawyers Guild, the Tulane Immigration Rights Clinic, Unemployed Workers United, and NILC.”

IMMIGRATION IMPACT also notes, “Individuals may also be eligible for additional assistance, such as parole in place or, in certain cases, more permanent forms of protection, such as a T or U visa, if they have experienced labor trafficking or criminal activity related to their work.”

If you need advice on a case related to immigration issues, please do not hesitate to contact us at 719-602-4477.

Protection for Immigrant Workers: A Measure Few Know About
February 19, 2025
As part of the measures taken by the administration of Donald Trump, and as explained in an article published on WLRN.COM, the 2011 policy limiting the actions of immigration agents in "sensitive areas," such as churches, hospitals, and schools, was revoked. This decision was part of Trump’s campaign promises to tighten policies against undocumented immigrants. However, despite the policy change, immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant. WLRN.COM mentions in its article that hospitals in South Florida, such as those operated by HCA Healthcare and Jackson Health System, continue to comply with federal regulations that require emergency medical care to be provided to all individuals, regardless of their immigration status. "We provide care to all patients who come to our facilities in accordance with the Emergency Medical Treatment and Labor Act (EMTALA)," said a spokesperson for HCA Healthcare's East Florida division, which operates 14 hospitals in South Florida. EMTALA is a federal regulation that mandates hospitals to provide emergency medical services to anyone, regardless of their ability to pay, including undocumented immigrants. WLRN.COM recently interviewed Paul Chavez, director of litigation for Americans for Immigrant Justice, who stated, "Often, ICE shows up at locations with a notice stating that a search warrant is required. This does not give them any authority to search what would otherwise be private areas. Therefore, the designated person must be very careful to ensure that what they see is a real search warrant," he said. This is a brief overview of the daily challenges immigrants and the institutions that serve them face to ensure their rights are not denied. In contrast, while immigrant advocates carefully study each situation to ensure due process, efforts and intentions to make the path increasingly difficult for those living in the country illegally persist. In the state of Florida, Governor Ron DeSantis and legislators are working hard to implement new projects and enforce those already in place. Among these projects are proposals such as making it a state crime to enter Florida without legal authorization. Another measure supported by DeSantis would require the preventive detention of individuals who are in the country without legal authorization and are accused of serious crimes. New powers would allow Florida police to interrogate and arrest suspected undocumented immigrants. Similarly, the proposed bill would increase criminal penalties for undocumented immigrants who commit crimes and establish the death penalty for those convicted of capital offenses. The measure would also repeal a state law that allows Florida students who lack legal immigration status to qualify for in-state tuition at public colleges and universities. As evident, defending immigrants, especially those who are undocumented, has become an even greater challenge since Trump took office. However, at PIKES PEAK IMMIGRATION , we continue working diligently to keep families united.
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