Friend, as we read through the list of questions you submitted in response to our “Ask an Expert” series, 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 >>>

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.

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

*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. In addition, the main professional association of immigration attorneys, American Immigration Lawyers Association (AILA), has a find-a-lawyer tool here: https://www.ailalawyer.com.