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.