The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage protection, workplace safety, and other labor and employment laws) can access a streamlined and expedited deferred action request process. Deferred action is a legal concept in which the government, at its discretion, defers taking action against someone who can be legally removed from the United States. For example, prosecutorial discretion may be exercised to defer a noncitizen’s removal and/or to grant a noncitizen’s application for employment authorization. The new mechanism affords a streamlined and faster way in which undocumented workers might be considered for prosecutorial discretion when participating in an investigation of an employer’s workplace violation. It also facilitates the ability of labor and employment agencies to more fully investigate worksite violations and hold employers accountable.
Central to this process is that this request for deferred action must include a letter (a Statement of Interest) from a federal, state, or local labor agency asking 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. Under this process, the U.S. Citizenship and Immigration Services (USCIS) will act as the central intake...
Blow the whistle, get paid. A Justice Department bounty program that incentivizes employees to blow the whistle on their employers could lead to more whistleblowing as the Trump administration inte...