DHS Announces New Process for Noncitizen Workers to Participate in Labor Investigations2 min read
A simplified and expedited deferred action request procedure has been implemented by the Department of Homeland Security (DHS) for noncitizen workers who cooperate in a labor standards investigation after being a victim of or witness to labor violations. Also, the DHS launched this program in October 2021 as the most recent component of a worksite enforcement strategy.
Background | Noncitizen Workers
The Department of Homeland Security (DHS) issued a directive in October 2021 to U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Immigration and Border Protection (CBP) to update policies to improve the DHS’s capacity to support the enforcement of employment and labor standards.
The Department of Homeland Security (DHS) noted that the purpose of this policy is to safeguard noncitizen workers from exploitative employers’ threats of immigration-related retaliation when it comes to implementing this most recent initiative regarding the streamlined and expedited deferred action process. The following are a few highlights of this initiative:
- A letter from a federal, state or local labor agency requesting deferred action on behalf of the worker employed by the organization under investigation must accompany a request for deferred action.
- However, the typical duration of an initial grant of deferred action is two years. If a foreign national can demonstrate an economic need for employment. They can apply for employment authorization if they are granted deferred action.
- After reviewing the submission for completeness, the USCIS will forward the deferred action request to ICE. Also, to make a final determination on a case-by-case basis. If the individual is in removal proceedings or has a final order of removal.
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This process comes as a feature of the Biden Government’s promise. To safeguard workers who are taken advantage of by unscrupulous employers. Because it provides some safeguards against an employer that may threaten immigration-related retaliation. Moreover, this particular program should make it simpler for foreign nationals to come forward.