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Migrant Whistleblower Protections

Migrant Whistleblower Protections

Campaigning for Protections for Immigrant Whistleblowers and Undocumented Workers engaged in labor disputes and cooperating with enforcement agencies

The Issue

The Biden Administration and the Department of Homeland Security’s fails to provide temporary protections for immigrant workers involved in labor disputes, despite the urgency of their situation, unlawfully leaves vulnerable workers at risk of exploitation, deportation, and silenced voices in the fight for labor rights.

Campaign Statement

We are campaigning for stronger enforcement of labor laws and to empower all workers by urging the Biden Administration and its Department of Homeland Security to provide temporary protection from deportation to immigrant workers involved in labor disputes or reporting labor law violations. The exploitation of vulnerable immigrant workers harms all workers, families, and communities. Without protection, immigrant workers are unlikely to report or cooperate in investigations. To improve labor law enforcement in industries that exploit workers and discourage organizing, the Administration should grant confidentiality to immigrant workers applying for deferred action and temporary work authorization during labor disputes. Fear of arrest and deportation deters workers from reporting violations. Effective policy must ensure that the information provided by workers is not used against them once temporary protection ends. We are also campaigning to end illegal immigrant child labor, which impacts tens of thousands of youth every year.

Call for Action

On January 13, 2023, the Department of Homeland Security (DHS) finally responded to demands to increase the availability of immigration protection for workers engaged in labor disputes by issuing new DHS guidelines that may increase the ability of some workers to obtain temporary protection from arrest and deportation by way of “deferred action status” and temporary work permits.

Overall, the January announcement by DHS is a step forward but falls short in protecting immigrant workers and enforcing labor laws. Although the announcement strengthens existing policies, it does not go far enough. Workers have gained some protections, but there is still more to be won. For workers to have the ability to address unlawful labor practices and act collectively, protection should be available to a significant number of workers, temporary protection information should not be used for deportation, and temporary work permits should be promptly issued. Requiring workers to work illegally while cooperating with government agencies discourages witness cooperation and invites exploitation.

DHS Policy Highlights

Advocacy to Strengthen Policy

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