News
16 January 2023
The Department of Homeland Security announced process changes that will streamline their existing authority to grant migrant workers protection from immigration-related retaliation.
It’s a process called deferred action. A noncitizen who is granted deferred action is considered lawfully present in the United States for a certain purpose while the deferred action is in effect. A noncitizen granted deferred action may apply for and obtain employment authorization for the period of deferred action.
“This has been a long-awaited important development from DHS.” Said Matt Capece-Representative of the General President of the United Brotherhood of Carpenters and Joiners of America. He goes on to say, “During the transition period to the Biden administration, the UBC along with others requested parole and deferred action in circumstances where undocumented immigrants were complainants in employment-law violation cases. Previously undocumented immigrant workers had to rely on getting a T or U visa to protect them from deportation, but T & U visas do not always apply to employment-law violations. DHS has now instituted a program where workers can also apply for parole or deferred action. Such also has the possibility of leading to receiving work authorization. Applying for such relief will require the cooperation of the investigating agency.”
Friday's announcement sets up guidelines on the agency's website so applicants know what documentation they need and how to apply.
In a news release the agency said, “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”.
This new process streamlines and expedites requests while providing a centralized location for them to be submitted.
As part of the application for Deferred Action, the following would be needed:
Migrant workers cooperating with labor investigations would be allowed to stay in the country for two years. During that time, they can also apply for authorization to work legally in the country.
For complete guidelines in English and Spanish on how to apply, visit the DHS website at: https://www.dhs.gov/enforcement-labor-and-employment-laws
DHS Press Release can be read by clicking HERE.
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