Menendez, Sanders Urge Biden Administration to Take Swift Action to Protect Immigrant Victims of Labor Abuses

U.S. Senators Bob Menendez (D-N.J.) and Bernie Sanders (I-Vt.) sent a letter to U.S. Department of Homeland Security Secretary Alejandro Mayorkas urging the Biden Administration to announce a process to provide immigration protections and work authorization for immigrant witnesses and victims of labor law violations.

"[…] it is imperative that DHS announce its new process swiftly. It has now been more than nine months since DHS called for development of a plan to "provide for the consideration of deferred action, continued presence, parole, and other available relief for noncitizens who are witnesses to, or victims of, abusive and exploitative labor practices.' Workers cannot wait any longer for these much-needed protections," wrote the Senators to Secretary Mayorkas.

In the letter, the Senators highlight the need for a consistent, expedited processing of requests from immigrant witnesses and victims of labor and rights violations including parole, deferred action, and employment authorization.

"DHS must commit to using the full range of its prosecutorial discretion authority, including granting stays of removal and release from detention where applicable," the Senators added. "A process to protect immigrant witnesses and victims of labor rights violations that includes these components will go a long way toward securing the infrastructure investment's potential to promote equitable, sustainable economic growth for working families."

Sen. Menendez is the author of Protecting Our Workers from Exploitation and Retaliation (POWER) Act. The bicameral legislation would protect workers from employers who use illegal business practices and threaten workers with deportation if they go to the authorities.

A copy of the letter can be found HERE and below.

Dear Secretary Mayorkas:

As you are aware, a company's ability to exploit vulnerable immigrant workers threatens the historic potential of the Bipartisan Infrastructure Law (BIL) to advance the Biden Administration's goal of creating good, union jobs throughout the country. Exploitation of immigrant workers "drives down wages, discourages organizing, and creates unsafe working conditions for all workers." We are encouraged the Department of Homeland Security (DHS) is planning to address this problem by announcing a process to provide immigration protections and work authorization for immigrant witnesses and victims of labor law violations. We write to briefly identify several core components necessary to ensure this much-needed process is effective.

First, it is imperative that DHS announce its new process swiftly. It has now been more than nine months since DHS called for development of a plan to "provide for the consideration of deferred action, continued presence, parole, and other available relief for noncitizens who are witnesses to, or victims of, abusive and exploitative labor practices." Workers cannot wait any longer for these much-needed protections.

Second, DHS's process must include a centralized office within USCIS that is charged with consistent, expedited processing of requests from immigrant witnesses and victims of labor and rights violations for parole (where eligible), deferred action, and employment authorization.

Finally, DHS must commit to using the full range of its prosecutorial discretion authority, including granting stays of removal and release from detention where applicable.

A process to protect immigrant witnesses and victims of labor rights violations that includes these components will go a long way toward securing the infrastructure investment's potential to promote equitable, sustainable economic growth for working families. I am hopeful that your leadership on this issue will act urgently to demonstrate the Administration's support for workers at this critical time of deep public investment in our nation's infrastructure.

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