US homeland security policy protects migrant workers in labour investigations

WASHINGTON (AP) — The United States Department of Homeland Security on Friday announced a process by which migrant workers who witness or are victims of workplace labour violations can apply for protection from deportation, in a development applauded by labour and rights advocates who say it will protect migrant workers who expose abusive working conditions.

Friday's announcement sets up guidelines on the agency's website so applicants know what documentation they need to apply and how to go about it.

“Workers are often afraid to report violations of law by exploitative employers or to cooperate in employment and labour standards investigations because they fear removal or other immigration-related retaliation by an abusive employer,” the agency said in a news release.

“Agencies tasked with enforcing labour and employment laws depend on the cooperation of these workers in their investigations.”

The agency said that in the past it has been able to use “discretionary authority” to consider requests to protect workers from deportation who are assisting in labour investigations on a case-by-case basis.

But the new guidelines create a “streamlined and expedited” process and a centralised location where requests can be submitted.

The new process allows migrant workers to apply for “deferred action,” meaning protection from deportation if they're taking part in an investigation of workplace labour violations.

As part of the application, they'd have to show proof from a labour or employment agency describing the investigation and why they need DHS support.

They'd also have to show proof they were working at the company as well as documents like proof of identity. The applications would be reviewed by US Citizenship and Immigration Services, an arm of Homeland Security that handles immigration and citizenship-related requests.

If approved, migrant workers cooperating with a labour investigation can stay in the country for two years. They can also apply for authorisation to work legally in the country during that time.

Labour and immigration groups applauded the news as a way to protect migrant workers from employers who might use their immigration status as a way to retaliate against them for coming forward about things like wage or workplace violations.

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