Noncitizens given pathway to flag labor offenses without risking immigration status
Ryan King
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Noncitizens employed in the United States can now expose labor infringements without fear of reprisal, the Department of Homeland Security announced Friday.
Using its deferred action powers, the DHS will protect noncitizens who come forward about labor violations they’ve witnessed or experienced. That means they won’t have to worry about “removal or other immigration-related retaliation by an abusive employer,” the agency said Friday.
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“Refraining from reporting violations due to a fear of immigration-based retaliation creates unfair labor market conditions and perpetuates the commission of unlawful and inhumane acts by employers, including nonpayment of wages, the imposition of unsafe working conditions, and chilling workers’ ability to organize and collectively bargain to improve such conditions,” the department said in a press release.
Individuals can refer to the DHS website to file any complaints under the protection of deferred action — a process by which the agency can delay deporting noncitizens to give them time to straighten out their visa situation if an employer fires them as retribution for telling on the company.
Many non-citizens who don’t have green cards rely on their employer to sponsor their visa so that they can reside within the U.S. Oftentimes, fear that their immigration status will be used against them deters noncitizens from flagging labor issues they observe in the workplace, Homeland Security Secretary Alejandro Mayorkas contended.
“Unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules,” Mayorkas said in the release.
“We will hold these predatory actors accountable by encouraging all workers to assert their rights, report violations they have suffered or observed, and cooperate in labor standards investigations.”
Mayorkas hopes that the move will ensure a “fair and equitable work environment” going forward.
As part of the change, DHS will “provide for a single intake point for deferred action requests from noncitizen workers that are supported by labor enforcement agencies.” The idea is to centralize and streamline the process in order to expedite reviews.
“Through these efforts, and with our labor agency partners, we will effectively protect the American labor market, the conditions of the American worksite, and the dignity of the workers who power our economy,” Mayorkas added.
Mayorkas is currently in the crosshairs of House Republicans, who are making the push to impeach him from office, citing the explosion of migrants pouring across the Southern Border. The last fiscal year saw a record-breaking number of migrant encounters at the border. States at the border have been inundated with a steady surge of immigration that shows little signs of abating.
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