Friend, as we read through the list of questions you
submitted in response to our “Ask an Expert” series
[[link removed]] , it’s clear that navigating employment issues and understanding workers’
rights in the U.S. is on a lot of minds. With that being said, I reached out to
some of NILC’s experts on workers’ rights to answer a few of your questions.

1) Is deferred action available in cases other than DACA?

Yes. Deferred action is a temporary protection from deportation that the federal
government may provide to immigrants on a case-by-case basis in a range of
circumstances. For example, people who are in process of applying for a U Visa
(a visa granted to people who are victims of certain crimes) may receive
deferred action and a work permit while they await a final decision in their
cases, which can take several years.

Recently, the Biden administration unveiled new guidance for immigrant workers
involved in labor disputes to access deferred action, so they can meaningfully
assert their rights in the workplace without fear of immigration-based
retaliation leading to deportation. This important guidance will make workplaces
safer for all workers by eliminating a barrier to reporting unsafe conditions. This new
guidance is a momentous victory and the result of years of collective organizing
by workers and advocates across the country. Read our latest resource on the Biden administration’s new guidance for workers
in labor disputes >>>
[[link removed]]

2) Workplaces are in great need of employees. Why aren't immigrants given the
opportunity to work, instead of being blocked from employment?

Great question. Everyone — regardless of immigration status — should have the
opportunity to earn a fair wage, support their loved ones, and contribute to
their communities in the country that is their home. But for some immigrants in the U.S., that’s not the case.

The U.S. immigration system is complex and designed to limit pathways for certain immigrants to obtain work authorization. It’s
even more complicated if someone lacks a lawful immigration status in the U.S.
Undocumented workers often must turn to working “under the table” jobs, which
are notorious for low wages, more vulnerable to labor exploitation, and lack
government oversight to enforce workplace standards. These jobs — which can be
dangerous, and even life-threatening — are often essential to the functioning of
our economy and our country.

One of the best ways our elected officials can address these inequities is by
passing a pathway to citizenship for immigrants residing within the U.S. With
permanent protections, undocumented workers would be able to fully contribute to
our country without fear.

3) I presented my work permit to my new employer, but they demanded I show them
my green card instead. Can an employer do this?

Probably not. This could constitute what is often called “document abuse,” which
can be against the law. When an employee is filling out the Form 1-9 Employment
Eligibility Verification form, it is the right of the worker to determine which
document(s) to present to an employer from USCIS's list of acceptable documents
[[link removed]] .

If you think you have experienced document abuse, you can contact the Immigrant
and Employee Rights (IER) section of the U.S. Department of Justice, which
enforces the prohibition against document abuse. You can get more information
and assistance for free by calling the IER’s hotline at 1-800-255-7688.

As you can see, immigrant workers are constantly navigating complex labor
systems and, too often, their rights are compromised. At NILC, we believe in
fair pay, safe workplaces, and recognizing the dignity of labor.
Friend, we’re glad you are here with us as we fight to
make that a reality for all people, regardless of where they were born.

Sincerely,

Lisa Graybill
Vice President, Law & Policy
National Immigration Law Center

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[[link removed]]*Disclaimer: Please note that NILC generally does not provide legal advice or
representation in individual immigration cases, and this communication does not
constitute legal advice. If you need to speak to a lawyer, please contact an
organization that specializes in providing legal help to individuals, and be
aware of any deadlines that might impact your claim. There are links to two
online directories of such organizations on this NILC webpage: www.nilc.org/get-involved/links
[[link removed]] . In addition, the main professional association of immigration attorneys,
American Immigration Lawyers Association (AILA), has a find-a-lawyer tool here: [link removed]
[[link removed]] .

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