[ "This is a huge victory for undocumented workers and the labor
movement," said one organizer.]
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NEW BIDEN POLICY BOOSTING MIGRANT WORKER PROTECTIONS  
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Jessica Corbett
January 14, 2023
Common Dreams
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_ "This is a huge victory for undocumented workers and the labor
movement," said one organizer. _

Migrant farmworkers check irrigation lines in an orange grove on
December 14, 2022 in Fort Meade, Florida., Paul Hennessy/Anadolu
Agency via Getty Images

 

Migrant workers and advocates on Friday applauded a Biden
administration policy to help protect noncitizen employees who are
victims or witnesses of labor rights violations "from threats of
immigration-related retaliation from the exploitive employers."

The U.S. Department of Homeland Security (DHS) announced
[[link removed]]
that noncitizens will be able to submit requests for temporary relief
from deportation or other immigration actions to U.S. Citizenship and
Immigration Services (USCIS) "through a central intake point
established specifically to support labor agency investigative and
enforcement efforts."

DHS said that "for deferred action requests from noncitizens who are
in removal proceedings or have a final order of removal, upon
reviewing the submission for completeness, USCIS will forward such
requests to U.S. Immigration and Customs Enforcement (ICE) to make a
final determination on a case-by-case basis."

As Daniel Costa, director of immigration law and policy research at
the Economic Policy Institute, explained
[[link removed]]
Friday in a blog post welcoming the announcement:

Given the current budget constraints of federal labor standards
enforcement agencies—which are funded at just one-twelfth
[[link removed]]
the rate of immigration enforcement agencies—the use of deferred
action in this manner will encourage workers and whistleblowers to
speak out without fear and will act as a force multiplier for
underfunded and understaffed labor enforcement agencies, thereby
assisting them in their mission to protect worker rights and hold
lawbreaking employers accountable. This will make workplaces safer for
all workers.

Organizations from the Blue Ribbon Commission on Immigrant Work
praised
[[link removed]]
the policy, with Haydi Torres, an organizer with Unidad Latina en
Acción NJ, declaring that "this is a huge victory for undocumented
workers and the labor movement."

"Our fight goes beyond our immigration status, it is a fight for all
the workers who sustain the economy of this country," Torres said.
"Without our hands there is no work."

Yale Law School professor James Bhandary-Alexander, an attorney with
Unidad Latina en Acción CT, said that "the threat of deportation is
like a gun in the boss's hand, pointed at workers and their rights."

Workers' rights leaders such as Victor Agreda agreed, saying that "the
bosses always act like they have more power than the workers."

While "my co-workers and I overcame our fear to denounce labor
abuses," Agreda said, "deferred action is labor justice for all
workers who remain silent in the face of abuse."

Homeland Security Secretary Alejandro Mayorkas asserted Friday that
"unscrupulous employers who prey on the vulnerability of noncitizen
workers harm all workers and disadvantage businesses who play by the
rules."

"We will hold these predatory actors accountable by encouraging all
workers to assert their rights, report violations they have suffered
or observed, and cooperate in labor standards investigations," he
pledged. "Through these efforts, and with our labor agency partners,
we will effectively protect the American labor market, the conditions
of the American worksite, and the dignity of the workers who power our
economy."

Stuart Appelbaum, president of the Retail, Wholesale, and Department
Store Union (RWDSU), said
[[link removed]]
that "today's announcement by Secretary Mayorkas is welcome news.
Immigrant workers are critical to the success of our economy, yet they
are among those who suffer the most exploitation and abuse at work,
and then suffer further from intimidation and retaliation when they
stand up for their rights."

Since then-President-elect Joe Biden announced
[[link removed]]
Marty Walsh as his nominee to lead the U.S. Department of Labor in
October 2021, migrant worker advocates have pressured
[[link removed]]
the administration to ensure that its immigration and labor policies
are aligned and to protect whistleblowers by removing the threat of
deportation.

"From Las Vegas to Washington D.C., to Mississippi to New York, we
have fought tirelessly to reach this moment," Rosario Ortiz of the
Arriba Las Vegas Worker Center noted Friday. "My coworkers and I have
been fighting our case for more than three years, facing threats and
intimidation on top of wage theft and health and safety risks as
workers of Unforgettable Coatings Inc."

"We've met personally with Secretary Walsh and Secretary Maryokas to
call for these protections," Ortiz said. "Today I am proud of my
coworkers and our brothers and sisters across the country who have
helped open a pathway for others in our circumstances to seek the
protections that we have won."

Migrant workers and advocates on Friday applauded a Biden
administration policy to help protect noncitizen employees who are
victims or witnesses of labor rights violations "from threats of
immigration-related retaliation from the exploitive employers."

The U.S. Department of Homeland Security (DHS) announced
[[link removed]]
that noncitizens will be able to submit requests for temporary relief
from deportation or other immigration actions to U.S. Citizenship and
Immigration Services (USCIS) "through a central intake point
established specifically to support labor agency investigative and
enforcement efforts."

"This policy will change lives, but only if our local and national
leaders stand with workers loud and clear, to make this policy a
reality."

DHS said that "for deferred action requests from noncitizens who are
in removal proceedings or have a final order of removal, upon
reviewing the submission for completeness, USCIS will forward such
requests to U.S. Immigration and Customs Enforcement (ICE) to make a
final determination on a case-by-case basis."

As Daniel Costa, director of immigration law and policy research at
the Economic Policy Institute, explained
[[link removed]]
Friday in a blog post welcoming the announcement:

Given the current budget constraints of federal labor standards
enforcement agencies—which are funded at just one-twelfth
[[link removed]]
the rate of immigration enforcement agencies—the use of deferred
action in this manner will encourage workers and whistleblowers to
speak out without fear and will act as a force multiplier for
underfunded and understaffed labor enforcement agencies, thereby
assisting them in their mission to protect worker rights and hold
lawbreaking employers accountable. This will make workplaces safer for
all workers.

Organizations from the Blue Ribbon Commission on Immigrant Work
praised
[[link removed]]
the policy, with Haydi Torres, an organizer with Unidad Latina en
Acción NJ, declaring that "this is a huge victory for undocumented
workers and the labor movement."

"Our fight goes beyond our immigration status, it is a fight for all
the workers who sustain the economy of this country," Torres said.
"Without our hands there is no work."

Yale Law School professor James Bhandary-Alexander, an attorney with
Unidad Latina en Acción CT, said that "the threat of deportation is
like a gun in the boss's hand, pointed at workers and their rights."

Workers' rights leaders such as Victor Agreda agreed, saying that "the
bosses always act like they have more power than the workers."

While "my co-workers and I overcame our fear to denounce labor
abuses," Agreda said, "deferred action is labor justice for all
workers who remain silent in the face of abuse."

Homeland Security Secretary Alejandro Mayorkas asserted Friday that
"unscrupulous employers who prey on the vulnerability of noncitizen
workers harm all workers and disadvantage businesses who play by the
rules."

"We will hold these predatory actors accountable by encouraging all
workers to assert their rights, report violations they have suffered
or observed, and cooperate in labor standards investigations," he
pledged. "Through these efforts, and with our labor agency partners,
we will effectively protect the American labor market, the conditions
of the American worksite, and the dignity of the workers who power our
economy."

Stuart Appelbaum, president of the Retail, Wholesale, and Department
Store Union (RWDSU), said
[[link removed]]
that "today's announcement by Secretary Mayorkas is welcome news.
Immigrant workers are critical to the success of our economy, yet they
are among those who suffer the most exploitation and abuse at work,
and then suffer further from intimidation and retaliation when they
stand up for their rights."

Since then-President-elect Joe Biden announced
[[link removed]]
Marty Walsh as his nominee to lead the U.S. Department of Labor in
October 2021, migrant worker advocates have pressured
[[link removed]]
the administration to ensure that its immigration and labor policies
are aligned and to protect whistleblowers by removing the threat of
deportation.

"From Las Vegas to Washington D.C., to Mississippi to New York, we
have fought tirelessly to reach this moment," Rosario Ortiz of the
Arriba Las Vegas Worker Center noted Friday. "My coworkers and I have
been fighting our case for more than three years, facing threats and
intimidation on top of wage theft and health and safety risks as
workers of Unforgettable Coatings Inc."

"We've met personally with Secretary Walsh and Secretary Maryokas to
call for these protections," Ortiz said. "Today I am proud of my
coworkers and our brothers and sisters across the country who have
helped open a pathway for others in our circumstances to seek the
protections that we have won."

While celebrating the administration's move, Unidad Latina en Acción
CT director John Jairo Lugo stressed that "words without actions are
not enough. This policy will change lives, but only if our local and
national leaders stand with workers loud and clear, to make this
policy a reality."

National Day Laborer Organizing Network (NDLON) co-executive director
Nadia Marin-Molina vowed
[[link removed]]
that "we are going to fight like hell in the days and weeks ahead to
ensure that every single worker who qualifies can get the benefit of
this new policy."

Farmworker Justice, which also applauded
[[link removed]]
the announcement, pointed out that the policy "will have a
particularly powerful impact among farmworkers, more than half of whom
are either undocumented or on precarious H-2A work visas, and their
families."

"Farmworker Justice has supported advocate demands for these
protections for many years, and we look forward to continued
engagement with DHS as well as labor enforcement agencies to educate
farmworkers and their advocates about the new guidance," the group
said. "We will also continue to advocate for comprehensive solutions
that improve the lives of farmworkers and their families, including
legislation that provides immigrant workers with a path to
citizenship, protections against workplace hazards like extreme heat
and pesticides, and the elimination of unjust farmworker exclusions
from federal labor protections."

Jessica Corbett is a staff writer for Common Dreams.

* Migrant Workers
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