DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations
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The U.S. Department of Homeland Security (DHS) has just announced an exciting new process that will help protect noncitizen workers from exploitation and immigration-related retaliation! This streamlined and expedited deferred action request process is now available to victims or witnesses of labor rights violations, giving them the power to take a stand against exploitive employers. To learn more and submit requests, visit DHS.gov for information in English and Spanish. This groundbreaking development is part of the Biden-Harris Administration’s commitment to empowering workers and improving workplace conditions for all - including noncitizens - by enabling them to assert their legal rights.
Secretary of Homeland Security Alejandro N. Mayorkas warned of the dangers posed by unscrupulous employers who exploit noncitizen workers, stating that such actions harm all workers and put businesses who follow the rules at a disadvantage. He further declared that these predatory actors will be held accountable, encouraging all workers to report any violations they have experienced or witnessed and cooperate in labor standards investigations. Mayorkas concluded his statement by emphasizing the importance of protecting the American labor market, worksite conditions, and the dignity of those who drive our economy.
Workers are often too afraid to report violations of law by exploitative employers or cooperate in employment and labor standards investigations due to the fear of immigration-based retaliation. This reticence creates unfair labor market conditions and allows for unlawful and inhumane acts, such as nonpayment of wages, unsafe working conditions, and a hindrance to collective bargaining. To help protect workers from such mistreatment, DHS is now offering discretionary protection on a case-by-case basis to noncitizen victims. This will enable labor and employment agencies to more effectively investigate worksite violations, hold abusive employers accountable, and ultimately improve workplace conditions for all workers. By taking this action, DHS is demonstrating its commitment to U.S. workers as part of the White House Task Force on Worker Organizing and Empowerment.
The Department of Homeland Security (DHS) is taking decisive action to protect workers and support labor agencies. DHS will provide new guidance to labor agencies on how to seek deferred action for certain workers, as well as create a single intake point for deferred action requests from noncitizen workers that are supported by labor enforcement agencies. This centralized process will allow DHS to quickly review these time-sensitive requests, provide additional security to eligible workers on a case-by-case basis, and more effectively carry out the mission of labor agencies. These process enhancements are in line with Secretary Mayorkas’ October 2021 memorandum, which directed DHS offices and agencies to ensure that DHS fulfills its role in supporting the important work of labor agencies in enforcing wage protections, workplace safety, labor rights, and other laws and standards.
The Department of Homeland Security (DHS) is now providing a new way for noncitizens to request deferred action if they are part of a labor agency investigation or enforcement action. Noncitizens can submit their requests to U.S. Citizenship and Immigration Services (USCIS) through a centralized intake point, allowing for faster processing and reducing the risk of employer retaliation. For those with removal proceedings or a final order of removal, USCIS will forward the request to U.S. Immigration and Customs Enforcement (ICE) for a case-by-case determination. All other deferred action requests will be considered on an individual basis by USCIS, as well as any related employment authorization applications that may arise from ICE's decision. With this streamlined process, DHS is ensuring that workers are protected from potential risks associated with labor agency investigations and enforcement actions.
Are you an employee of a company with a labor dispute related to laws under the jurisdiction of a federal, state, or local labor agency? If so, you may be eligible for deferred action! Requests for deferred action must include a Statement of Interest from the relevant labor agency and meet other criteria as detailed in DHS’s Frequently Asked Questions (FAQs). This centralized process could provide you with the opportunity to have your case-by-case determination considered by DHS. Don't miss out on this chance to have your request for deferred action granted!
How Does the Enforcement or Jurisdictional Interest of the Labor Agency Relate to Its Mission?
The workers whose rights are safeguarded by the Statement of Interest - don't miss out on your chance to be protected!
The Department of Homeland Security's consideration of prosecutorial discretion for certain workers demonstrates the agency's commitment to protecting labor interests. How does this decision further the DHS's objectives?
Discretionary grants of deferred action, in line with existing practice, will usually be valid for two years - though they can be terminated at any time. Those granted deferred action may also be eligible to apply for employment authorization, as long as they can prove economic necessity. Furthermore, if a labor agency has an ongoing investigation or enforcement interest in the matter mentioned in their original letter of support from DHS, they may be eligible for additional grants of deferred action.