DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations
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The U.S. Department of Homeland Security (DHS) has just made a groundbreaking announcement: noncitizen workers who are victims of, or witnesses to, labor rights violations now have access to an expedited deferred action request process! This new process will protect these vulnerable workers from immigration-related retaliation by exploitive employers and can be accessed immediately. DHS is also providing additional information in English and Spanish on their website for workers to submit requests. The Biden-Harris Administration is taking bold steps to empower all workers, including noncitizens, and ensure that their legal rights are respected in the workplace.
Secretary of Homeland Security Alejandro N. Mayorkas has warned that unscrupulous employers who exploit the vulnerability of noncitizen workers not only harm all workers, but also put honest businesses at a disadvantage. He is encouraging all workers to stand up for their rights, report any violations they have experienced or witnessed, and cooperate in labor standards investigations. By taking these steps and working with labor agency partners, Secretary Mayorkas is committed to protecting the American labor market, ensuring fair conditions in the workplace, and upholding the dignity of those who drive our economy.
Workers are often too scared to report violations of the law by their exploitative employers or cooperate in employment and labor standards investigations due to fear of removal or other immigration-related retaliation. This creates a huge problem, as agencies tasked with enforcing labor and employment laws rely on the cooperation of these workers in order to investigate worksite violations. Unreported violations can lead to nonpayment of wages, unsafe working conditions, and an inability for workers to organize and collectively bargain. To combat this issue, DHS has announced a new practice that offers discretionary protection on a case-by-case basis to noncitizen victims. This will help improve workplace conditions for all workers, ultimately fulfilling the White House Task Force on Worker Organizing and Empowerment's commitment to U.S. workers.
The Department of Homeland Security (DHS) is taking steps to ensure that workers are better protected and supported. In addition to providing new guidance to labor agencies on how to seek deferred action for certain workers, DHS will also create a single intake point for deferred action requests from noncitizen workers that are backed by labor enforcement agencies. This centralized process will enable DHS to quickly review these urgent requests, provide additional security to qualified workers on an individual basis, and more effectively support the mission of labor agencies. These improvements align with Secretary Mayorkas’ October 2021 memorandum, which directed DHS offices and agencies to guarantee that DHS meets its vital role in supporting the significant work of labor agencies in enforcing wage protections, workplace safety, labor rights, and other laws and regulations.
The Department of Homeland Security (DHS) has taken a major step forward in protecting noncitizen workers by establishing a central intake point for deferred action requests. This new system allows noncitizens to submit requests to U.S. Citizenship and Immigration Services (USCIS) for consideration, and for those who are in removal proceedings or have a final order of removal, USCIS will forward the request to U.S. Immigration and Customs Enforcement (ICE) for a final determination on a case-by-case basis. USCIS will also consider all other deferred action requests and related employment authorization applications on an individual basis. By providing efficient processing of these important requests, DHS is helping to reduce potential risks to workers and prevent employers from retaliating against those under investigation.
To ensure that workers in labor disputes receive the consideration they deserve, requests for deferred action submitted through this centralized process must include a Statement of Interest from a federal, state, or local labor agency. This letter should include several elements to make sure the workers' cases are properly evaluated. As outlined in DHS’s Frequently Asked Questions (FAQs), these elements are essential for case-by-case determinations and can help to facilitate a successful outcome. With this important information in hand, DHS will be able to exercise its discretion on behalf of workers employed by companies identified by the agency as having labor disputes related to laws that fall under its jurisdiction.
The labor agency is tasked with the mission of protecting workers and ensuring that employers adhere to fair labor practices. To accomplish this, the agency must have the authority to enforce laws and regulations, as well as the jurisdiction to investigate potential violations. By understanding how enforcement and jurisdictional interests are intertwined with its mission, the labor agency can better serve its purpose of safeguarding workers' rights and promoting a healthy work environment.
The Statement of Interest encompasses a wide range of workers, from those in the manufacturing industry to those in the service sector. From factory floor employees to office staff, these individuals have a vested interest in their job security and workplace rights. With the Statement of Interest, they can rest assured that their rights are being protected and their voices heard. It's an invaluable resource for workers everywhere!
The Department of Homeland Security's consideration of prosecutorial discretion with regard to certain workers is a strong indication of the labor agency's commitment to protecting their interests. By exercising this discretion, DHS is showing that it recognizes the importance of these workers and is willing to go the extra mile to ensure their rights are respected. This proactive approach not only benefits those affected, but also demonstrates DHS’s dedication to upholding labor standards and protecting the rights of all workers.
Under this process, individuals may be eligible for discretionary grants of deferred action that typically last for two years. Moreover, they may also be able to obtain employment authorization if they can demonstrate an economic necessity for it. Furthermore, subsequent grants of deferred action may be possible if the labor agency has a continuing interest in the matter related to their original letter of support from DHS.