US will stop the deportation of migrant workers who denounce abuses

Fear of expulsion and other reprisals prevents migrant workers report the violations or cooperate in the investigation of the authorities, has recognized the Department of Homeland Security of the United States (DHS, for its acronym in English).

In response to this, the DHS announced that migrants and immigrants victims of some type of rape, or witnesses to it, will be able to remain in the United States for two years with a permission to work if they notify government agencies.

The new policy was published a few days ago and indicates that workers and migrant workers will be able to “access a simplified and expedited process for requesting deferred action.” This type of measure implies protection to avoid deportation. Those who demonstrate “an economic need for employment” will obtain a work permit.

This “is a great victory,” he points out to The Economist Ann Garcia, an attorney with the Washington-based National Immigration Project (NIPNLG) group. “It is the result of incredible organizing by workers, labor organizers, and immigration and civil rights organizations.”

“This new policy will work to eliminate the fear that many immigrant workers have when considering reporting labor abuses, and it will eliminate the self-defeating conflict between labor and immigration agencies in the United States,” it adds.

However, he ponders, the US government has to do much more to care for immigrant workers. “This includes the passage of the Power Act, which would enshrine critical labor protections for immigrants and contains a vital safeguard against retaliation by employers.”

Seek legal advice, the first step

In 2021, the 17% of the workforce American was born abroad, according to the latest annual report from the Bureau of Labor Statistics (BLS).

“Unscrupulous employers who take advantage of the vulnerability of non-citizen workers harm all workers and harm companies that comply with the rules,” DHS said in a bulletin. “We will hold these predatory actors accountable, encouraging all workers to assert their rights, denounce the violations they have suffered or observed, and cooperate in investigations of labor standards.

Your immigration status, whether regular or irregular, is used by many employers to avoid paying wages, save expenses by not provide them working conditions and decent housing, so that they work more than agreed or carry out activities against their will, as documented by the Center for Migrant Rights (CDM).

The most recurring threat is deportation. Even if they travel with a temporary work visa, since if migrants are fired from the workplace that hired them, they cannot look for a vacancy in another company or remain in the country.

this new protective measure it will help “any immigrant worker who is within the scope of the labor agency’s investigation,” says Ann Garcia. “It is not limited to immigrants in a certain type of immigration status or in non-legal status.”

However, “it is very important that immigrants work with a immigration lawyer qualified to assess the risk to them personally based on their own immigration history before applying under this new process.”

How to apply for this benefit

To obtain deferred action, interested persons have to enter the DHS page. There the requirements will be indicated in Spanish and English and where to present them, some of them are a written and signed request for deferred action, a letter or declaration of interest from a labor or employment agency that supports the application, proof that they work in that country.

Requests will be received in a specialized area of ​​the DHS to expedite the process, “efficiently review these urgent requests, provide additional security to eligible workers on a case-by-case basis and more solidly support the mission of the labor agencies”, highlighted the US authority.

DHS will also provide new guidance to US government agencies that deal with labor issues so they can search for deferred action for certain workers.

The new measures “advance the Biden-Harris administration’s commitment to empowering workers and improving workplace conditions by allowing all workers, including non-citizens, to assert their legal rights,” DHS noted.

“Through these efforts, and with our labor agency partners, we will effectively protect the US job marketthe conditions of the American workplace and the dignity of the workers who drive our economy,” the DHS said.