In Eagan, we know how difficult it is to live and work in the United States without documentation, and for that reason, we are aware of changes in immigration laws that could benefit all immigrants.
Recently, the Department of Homeland Security updated the deferred action process, which will allow immigrants to receive a work permit in 30 days if they have been victims of some type of labor abuse.
What is deferred action?
It is a provisional protection from deportation that immigrants can receive through programs created by the US President.
A known form of deferred action is DACA (Deferred Action for Childhood Arrivals), created by Barack Obama to protect undocumented immigrants who entered the U.S. as children (DACA applications were accepted only between 2012-2017).
If you apply for deferred action and your case is already approved, you will receive a work permit that will allow you to work in the US without fear of deportation; however, there are disadvantages. After receiving this permit, you will have to renew it every two years, and it cannot help you obtain your residency or citizenship.
What was the change to the program?
On January 13, 2023, the Department of Homeland Security announced a new deferred action process for noncitizen workers who have been victims or witnesses of labor abuse.
This new process protects undocumented workers from exploitation.
Alejandro Mayorkas, Secretary of Homeland Security, stated:
“Unscrupulous employers who take advantage of the vulnerability of non-citizen workers harm all workers and businesses that play by the rules. We will hold these predators accountable by encouraging workers to assert their rights, report violations they have suffered or observed, and cooperate in labor standard investigations.”
USCIS (U.S. Citizenship and Immigration Services) will process all applications for the new deferred action program in 30 days. This means you could receive the protection you need in just one month.
You are eligible for a work permit under this new program if:
- He has been abused or mistreated by his boss in some way. For example:
- With wage and hour violations: You were not paid enough or you were not paid for all the time you worked.
- With safety violations: They forced you to do something unsafe or did not provide training or protection to perform risky activities.
- With threats: His boss threatened to call immigration or the police.
- Through sexual harassment: They made him feel uncomfortable by telling inappropriate jokes or by getting too close and making unwanted physical contact.
- Through discrimination: He was insulted because of his race or immigration status.
- By denying him protected leave: They threatened to fire him for missing work due to the birth of a child or the funeral of a close relative.
- By denying her safe leave from work: They told her she cannot miss work to address needs after having been a victim of domestic violence or harassment.
- Through other examples of workplace abuse: This list does not include every type of abuse that can happen in your work environment and that would allow you to apply for deferred action.
You have reported abusive actions in at least one of the following agencies:
- DOL – Department of Labor
- EEOC – Equal Employment Opportunity Commission
- OSHA – Occupational Safety and Health Administration
- NLRB – National Labor Relations Board (National Labor Relations Board)
- WHD – Wage and Hour Division of the DOL (Wage and Hour Division of the Department of Labor)
- A state agency or a local agency in the city where you live.
You have a letter of support or a “Statement of Interest” from the government agency where you filed the complaint (a letter expressing that the government has an interest in investigating the abuse you reported).
If you qualify based on these conditions, there are other considerations you should take into account:
Do you have a removal or deportation order from immigration? Do you have any open immigration proceedings or pending court cases? If so, USCIS will forward your application for deferred action to ICE (Immigration and Customs Enforcement), which will first determine whether your case can be closed.
Do you have a criminal record in the U.S.? Although having prior arrests does not mean your application will be automatically denied, you will need to explain what happened and why you still deserve to have your application approved.
Did you have a temporary work visa when the abuse occurred, and are you now outside the U.S.? The deferred action process is not available to those in this situation; however, the Department of Homeland Security has stated that it will create a new process to assist these individuals.
This is exciting news for any undocumented immigrant working in the U.S.
Undocumented immigrants are vulnerable to exploitation and abuse, but now there is a new and effective way for them to receive the justice they deserve.
If you are waiting for USCIS to approve another pending application, deferred action can give you immediate protection.
Deferred action is not a perfect solution, but it is a step in the right direction.
Did your boss commit labor abuses against you? Do you think you would be eligible for deferred action? Contact us at Eagan Immigration, we want to hear your story and answer any questions.
If you qualify, we would love to help you with your application.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
Want to learn more about the deferred action program? You can find Department of Homeland Security news here: DHS Announces Improvements to Processes Supporting Labor Enforcement Investigations | Homeland Security