immigrant
Whistleblower Protections

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

Campaign Statement

We are campaigning for more robust and effective enforcement of federal, state, and local labor laws and to increase the organizing power of all workers by urging the Biden Administration and it's Department of Homeland Security to provide temporary protection from deportation to immigrant workers involved in labor disputes and to those who step forward to report labor law violations and cooperate in the investigation of labor law violations. The exploitation of vulnerable immigrant workers harms all workers, including U.S. workers, their families, and their communities. Immigrant workers not provided temporary protection from arrest and deportation are highly unlikely to report or cooperate in the investigation of labor law violations. To measurably increase the effectiveness of labor law enforcement in industries that routinely exploit workers and discourage them from organizing to protect their rights, the Biden Administration and it's DHS should grant immigrant workers confidentiality in applications submitted for deferred action status and temporary employment authorization with appropriate documentation issued by a labor enforcement agency regarding an ongoing labor dispute. Immigrant workers very often do not report labor law violations because they are afraid it may lead to their arrest and placement in deportation proceedings. The same immigrant workers are more afraid of providing personal data to DHS to obtain temporary protection during a labor dispute, if DHS is then free to use the information the worker provided to arrest and deport the worker. Effective labor law enforcement policy must provide assurances to immigrant workers seeking temporary protection that the information they provide will not be used when their temporary protection ends to arrest them and place them in removal proceedings.
We are also campaigning to end immigrant child labor that universally violates federal, state, and local laws and impacts tens of thousands of immigrant youth every year.

Our 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.

January 2023 DHS Announcement

Analysis of DHS January Announcement

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

It provides general guidelines on how state and local labor law enforcement agencies can submit to DHS “Statements of Interest,” in essence requesting that DHS consider granting certain workers (i) deferred action status (i.e. temporary hold on arrest or deportation) and (ii) the right to apply for a temporary work permits. For many years the policy has already been that federal agencies, like DOL, NLRB, EEOC, and DOJ, could make such requests, and did not preclude states from doing so. The announcement simply makes clear that states can make such requests, and provides a list of information needed and an email address to submit requests.

DHS has for many years also considered requests for deferred action submitted by immigrant workers involved in labor agency investigations or enforcement actions. The January announcement identifies a “central intake point” to which workers can submit their requests for temporary protection. As was true before, a worker must submit a letter from a government labor agency explaining its mission and how granting a worker protection “relates to the mission of the labor agency,” and why DHS’s consideration of prosecutorial discretion with respect to these specific workers “supports the labor agency’s interest.” The announcement sets out what documents a worker must submit to request deferred action status.

Immigrant Whistleblower Project banner 2

Ongoing Advocacy to Strengthen DHS Policy

No robust program to provide temporary protection to immigrant workers involved in labor disputes or cooperating with labor law agencies can exist without clear assurance of confidentiality so that the information workers are required provide about themselves and their immediate family members will not be used to later arrest them, or initiate deportation proceedings, or as evidence in deportation hearings. It is well-known that for many immigrant workers the fear of arrest and deportation is the single most important reason they do not report labor law violations, or crimes, or other forms of illegal mistreatment. The failure of current DHS policy to guarantee confidentiality is one of the primary reasons only an insignificant number of immigrant workers are willing to cooperate with labor law agencies.

When immigrant workers have been fired or risk being fired for engaging in labor disputes or cooperating with enforcement agencies, promptly obtaining at least the temporary right to work is critically important. While in a small number of cases DHS has issued immigrant workers work permits relatively promptly, requests for deferred action may take weeks or months to resolve, and work permits another 6-12 months. The announcement restricts “expedited” processing to the rare circumstance in which a labor law enforcement agency is willing to state that getting prompt employment-authorization for a particular worker “is mission-critical” and “goes beyond a general need to retain a particular worker …” Not only is “mission critical” not defined, but in all likelihood the majority of immigrant workers involved in labor disputes need prompt deferred action and work permits to avoid retaliatory firings or employers contacting ICE, rather than this being a policy exception requiring a showing that it is “mission critical” to an enforcement agency. DHS could permit deferred action status approval notices to serve as temporary employment authorization documents while the agency takes several more months to adjudicate formal work permit applications.

Nowhere has DHS made clear what precise information a worker must provide to be granted
deferred action status or the criteria DHS will use to grant or deny such requests. The January
announcement’s accompany Q&A states that workers must submit a letter of interest from a
labor law agency, documents such as W-2s, pay stubs, time cards, proof of “identity and
nationality,” Form G-325A (Biographic Information), and “[e]vidence of any additional
factors supporting a favorable exercise of discretion …” Most workers will be afraid to
provide proof of nationality and the information required by the Biographic Information
form about the applicants' and their immediate family members’ immigration status. In
addition, DHS should explain what “evidence” it considers will support a “favorable exercise
of discretion …” The policy also fails to inform labor law agencies and workers what criteria
DHS will use to approve or deny requests for deferred action status. In almost all other areas
the criteria used by DHS to approve or deny applications are published and well known.

A Worksite Enforcement “guidance” memo issued by DHS on October 12, 2021 (Policy Statement 065-06) states in part that ICE agents should “no longer conduct mass worksite operations and instead refocus our workplace enforcement efforts to better accomplish the [agency’s] goals.” DHS should define what it means by “mass worksite operations.” For example, does it include mass arrests at a worksite based on an I-9 audit? DHS should also modify Section. III.B of its 2016 Memorandum of Understanding with DOL, NLRB, and EEOC which states that ICE may “continue to engage in worksite enforcement activities at a worksite that is the subject of the investigation of a labor dispute” if it determines the enforcement activity is “necessary to advance an investigation relating to … a federal crime,” which could include the misdemeanor crime of illegal entry. This exception to worksite operations during labor disputes should not be used when the only “federal crime” involved is the possible unlawful entry of workers at the site.

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LA Model Municipal Program Proposal

Currently, the Department of Homeland Security (DHS) policy does not prohibit municipal agencies from assisting immigrant workers who have experienced violations of local labor codes in applying for DHS deferred action status and work permits. Many cities, including Los Angeles, have established local laws that protect workers by setting wage and hour standards and prohibiting workplace discrimination.

Local departments or agencies may receive complaints from exploited immigrant workers and investigate the claims, after which they may issue letters to DHS requesting that the complaining worker be granted deferred action status and the ability to apply for employment authorization. The Immigrant Whistleblower Project can provide template request letters and support to departments or agencies in Los Angeles, helping immigrant workers receive deferred action status and employment authorization by investigating their claims and submitting letters to DHS.

The Immigrant Whistleblower Project can also provide technical support and template materials to unions, worker organizations, and community-based service providers assisting exploited workers, submitting labor complaints to the city of Los Angeles.

Los Angeles is home to the largest immigrant population of any major city in the United States and has the highest number of immigrant workers. As a result, it has a strong interest in preventing workplace exploitation of both its residents and non-residents. To achieve this, effective enforcement of relevant laws at the local, state, and federal levels is essential. However, many exploited immigrant workers fear cooperating with authorities, which hinders enforcement efforts.

To address this issue, Los Angeles' elected leaders can play a crucial role in advocating for more robust DHS policies that extend protection to immigrant workers who cooperate with agencies enforcing workplace rules. A resolution from the Los Angeles city council urging President Biden and DHS Secretary Mayorkas to strengthen federal protection for immigrant whistleblowers would be appropriate given the large number of low-wage immigrants working in the city. A proposed draft resolution is available at this link.

Worker Disputes Toolkit

We have created a toolkit that provides valuable resources and information to immigrants who may be experiencing work-related conflicts or injustices. Our toolkit includes step-by-step guides on how to report disputes, a list of organizations that can provide assistance and support, and tips on how to protect your rights as an immigrant worker. We are committed to empowering immigrants to take action and advocate for their rights in the workplace.

Disputes Toolkit

Stop Immigrant Child Labor

Child labor is a persistent issue in the US, affecting tens of thousands of immigrant children due to their lack of work permits and fear of reporting labor violations. ORR's placement of unaccompanied minors with unrelated adults forcing children into exploitative labor situations is rare, but thousands of immigrant youth released to family members are exploited by unscrupulous employers. USCIS routinely fails to comply with the 180-day mandate to adjudicate SIJ petitions, delaying young immigrant workers' ability to apply for employment authorization. To decrease exploitation, DHS/USCIS must adjudicate SIJ petitions within 180 days and grant applicants who file prima facia approvable petitions the right to apply for employment authorization before their petitions are fully adjudicated.

Child Labor

immigrant
Whistleblower Protections

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

Campaign Statement

Our Call for Action

DHS Policy Highlights

Ongoing Advocacy to Strengthen DHS Policy

Immigrant whistleblowers need your support

LA Model Municipal Program Proposal

Worker Disputes Toolkit

Stop Immigrant Child Labor

Timeline and Resources

July 2022 - CHRCL, elected officials, and several organizations forward a detailed letter to the secretaries of DHS and DOL regarding developing stronger policies.

January 2023 - DHS responds to demands with updated DHS guidelines.

January 2023 - CHRCL's analysis of DHS's January guidelines and call to action.

February 2023 - New York Times article on the severity of immigrant children workers.

April 2023 - New York Times article on changes being made, but lack of oversight from the government regarding child labor.

immigrant Whistleblower Protections

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

Campaign Statement

Our Call for Action

DHS Policy Highlights

Ongoing Advocacy to Strengthen DHS Policy

Immigrant whistleblowers need your support

LA Model Municipal Program Proposal

Worker Disputes Toolkit

Stop Immigrant Child Labor

Timeline and Resources

July 2022 - CHRCL, elected officials, and several organizations forward a detailed letter to the secretaries of DHS and DOL regarding developing stronger policies.

January 2023 - DHS responds to demands with updated DHS guidelines.

January 2023 - CHRCL's analysis of DHS's January guidelines and call to action.

February 2023 - New York Times article on the severity of immigrant children workers.

April 2023 - New York Times article on changes being made, but lack of oversight from the government regarding child labor.

immigrant
Whistleblower Protections