Deferred Action Protections for Labor Enforcement: A Guide for Worker Advocates

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The United States is facing a crisis of workplace abuses, with wage theft costing workers over $50 billion annually. As union membership declines, inequality has risen, and union representation is now at an all-time low. In addition, several states are working to dismantle child labor laws. Immigrant workers, particularly those of color, are disproportionately affected by these abuses, which are exacerbated by employers, corporations, politicians, and courts eroding their rights. Undocumented and temporary visa workers face some of the most severe exploitation.

This guide is intended as a resource for organizers and workers’ rights attorneys who are considering how deferred action protections might strengthen immigrant workers’ efforts to combat labor abuse, build power, and organize to enforce workplace rights. First, the guide provides an overview of deferred action protections based on labor disputes, including information on eligibility criteria; how to seek support from a labor agency; and the five main steps in the process. For each of the five steps, we provide more detailed information on 1) how to collaborate with workers to identify labor violations and the corresponding agencies, while building worker power in the process; 2) how to file labor agency complaints and secure strong labor agency investigations; 3) how to obtain a labor agency Statement of Interest (SOI), including more detailed information on what this is and important tips for engaging workers in this process; 4) what to do after obtaining the SOI, including engaging workers about the SOI, integrating immigration practitioners into the team so workers can apply for deferred action protections, and thinking about deferred action renewals and permanent forms of immigration relief based on labor disputes; and finally, 5) how to continue organizing efforts and prepare for next steps in the legal process to build worker power and ultimately achieve a successful resolution of the labor dispute. We also discuss strategies to build the team; the importance of effective relationships between worker leaders, organizers, and lawyers; and strategies to protect workers’ confidential information.

This guide does not provide legal advice and, because it is not designed for immigration practitioners, it does not provide information on how to file a worker’s deferred action application with DHS. That said, we welcome immigration practitioners to review this guide to better understand the process of securing deferred action protections for labor enforcement interests in order to collaborate more effectively with workers’ rights advocates. For a full description of best practices for immigration practitioners when engaging in the immigration side of the deferred action protections process, please consult the Practice Manual: Labor-Based Deferred Action (referenced throughout as the “Immigration Practice Manual.”

*For footnotes and bibliography, please reference the PDF version of this resource below.

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