US action on abusive employers for non-citizens
2 min read . Updated: 17 Jan 2023, 12:54 PM IST
Premium- Victims of workplace exploitation can apply for protection from deportation, US government announces new policy
The s has announced a process by which migrant workers who witness or are victims of workplace exploitation can apply for protection from deportation. The move has been praised by labours' rights advocates who say the move will protect migrant workers, reeling from abusive work conditions.
The Department of Homeland Security has set up guidelines so applicants know what documentation they need to apply and how to go about it.
“Workers are often afraid to report violations of law by exploitative employers or to cooperate in employment and labor standards investigations because they fear removal or other immigration-related retaliation by an abusive employer," the agency said.
"Agencies tasked with enforcing labour and employment laws depend on the cooperation of these workers in their investigations."
The agency said that in the past it has been able to use “discretionary authority" to consider requests to protect workers from deportation who are assisting in labor investigations on a case-by-case basis. It added that the new process allows migrant workers to apply for “deferred action," meaning protection from deportation if they're taking part in an investigation of workplace labour violations.
As part of the application, they would have to show proof from a labor or employment agency describing the investigation and why they need DHS support. They'd also have to show proof they were working at the company as well as documents like proof of identity. The applications would be reviewed by US Citizenship and Immigration Services.
If approved, migrant workers cooperating with a labor investigation can stay in the country for two years. They can also apply for authorization to work legally in the country during that time.
What is deferred action?
Deferred action is a form of prosecutorial discretion to defer removal action (deportation) against a noncitizen for a certain period of time.
What other immigration benefits can a noncitizen worker pursue if they are not granted deferred action?
A noncitizen worker who is the victim of a crime or subject to exploitation by an unscrupulous employer and cooperating in a labour agency investigation may be eligible for other forms of immigration relief beyond deferred action, including eligibility for a T or U nonimmigrant visa or parole in place.
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