DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations
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If you are a noncitizen worker who has been a victim of, or witness to, labor rights violations, the U.S. Department of Homeland Security (DHS) has good news for you! DHS has announced a streamlined and expedited deferred action request process that will protect you from immigration-related retaliation from exploitive employers. This process is effective immediately and can be accessed by visiting DHS.gov for additional information in English and Spanish and to submit requests. The Biden-Harris Administration is committed to empowering workers like you and improving workplace conditions by enabling all workers, including noncitizens, to assert their legal rights.
As Secretary of Homeland Security Alejandro N. Mayorkas said, employers who take advantage of noncitizen workers can have a negative impact on all of us. Not only do they hurt the vulnerable workers they target, but they also give an unfair advantage to businesses that follow the rules. That's why it's so important for all of us to speak up and report any violations we see or experience. By working together with our labor agency partners, we can ensure that the American labor market is protected and that workers are treated with dignity and respect.
As a worker, it can be intimidating to report violations of law by exploitative employers or cooperate in employment and labor standards investigations. This is especially true if you fear that your employer may retaliate against you with removal or other immigration-related repercussions. Agencies tasked with enforcing labor and employment laws rely on the cooperation of workers like us to investigate these matters. When we don't report violations due to fear of immigration-based retaliation, it creates an unfair labor market and allows employers to continue committing unlawful and inhumane acts such as not paying wages, imposing unsafe working conditions, and preventing workers from organizing or bargaining collectively for better conditions. Today's announcement from DHS is one way they are taking action to fulfill their commitment to U.S. workers by streamlining the process of offering discretionary protection on a case-by-case basis to noncitizen victims, helping improve workplace conditions for all workers, and supporting agencies in fulfilling their mission of holding abusive employers accountable.
As an individual, you may be interested to know that the Department of Homeland Security (DHS) is providing new guidance to labor agencies regarding processes to seek deferred action for certain workers. This includes a single intake point for deferred action requests from noncitizen workers that are supported by labor enforcement agencies. The centralized intake process will help DHS review these time-sensitive requests quickly and provide additional security to eligible workers on a case-by-case basis. These process enhancements are in line with Secretary Mayorkas’ October 2021 memorandum, which directs DHS offices and agencies to ensure that DHS supports the important work of labor agencies in enforcing wage protections, workplace safety, labor rights, and other laws and standards.
If you are a noncitizen worker who is part of a labor agency investigation or enforcement action, you can now submit a request for deferred action to U.S. Citizenship and Immigration Services (USCIS) through a central intake point designed to support these efforts. USCIS will review your submission for completeness and then forward it to U.S. Immigration and Customs Enforcement (ICE) if you are in removal proceedings or have a final order of removal. Otherwise, USCIS will consider your request on an individual basis. Additionally, USCIS will also consider any related applications for employment authorization, including those decided by ICE. By quickly processing deferred action requests and related applications for employment authorization, we can help protect workers from potential risks or retaliation from their employers during investigations.
If you are considering submitting a request for deferred action, it is important to understand that you must satisfy individual criteria in order to be considered. Additionally, your request must include a letter (known as a Statement of Interest) from a federal, state, or local labor agency asking the Department of Homeland Security (DHS) to consider exercising 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 letter should include various elements, which are detailed in DHS’s Frequently Asked Questions (FAQs).
As an individual, it's important to understand the enforcement or jurisdictional interest of the labor agency and how it relates to my own mission. Knowing how the labor agency works and what its goals are can help me make sure I'm following all applicable laws and regulations.
As a worker, I am covered by the Statement of Interest.
Considering the use of prosecutorial discretion with respect to these specific workers is beneficial for me and my labor agency. It supports our interests in many ways, such as by allowing us to focus on more pressing issues and by helping us to be more efficient in our work.
In line with what is already being done, if you are granted deferred action, it will usually last for two years, although it can be terminated at any time. You may be eligible to apply for employment authorization if you can show that you need to work for financial reasons. If the relevant government agency has an ongoing interest in your case, you may also be able to get another grant of deferred action.