Noncitizen Workers who are victims of or witness to violation of labor rights eligible for expedited deferred action
The noncitizen workers who are victims of, or witnesses to, the violation of labor rights, will now be eligible for expedited deferred action request process; The U.S. Department of Homeland Security (DHS) said on January 13, 2023. Deferred action provides protection to noncitizen workers from exploitative employers. The Secretary of Homeland Security Alejandro N. Mayorkas said " “Unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules. We will hold these predatory actors accountable by encouraging all workers to assert their rights, report violations they have suffered or observed, and cooperate in labor standards investigations."
This was a necessary step announced by DHS to protect workers who are afraid to report violations of law because of the fear of removal. DHS will provide for a single intake point for deferred action requests from noncitizen workers that are supported by labor enforcement agencies. For deferred action requests from noncitizens who are in removal proceedings or have a final order of removal, upon reviewing the submission for completeness, USCIS will forward such requests to U.S. Immigration and Customs Enforcement (ICE) to make a final determination on a case-by-case basis. The discretionary grants of deferred action under this process will typically last for a period of two years, subject to termination at any time. Individuals granted deferred action may be eligible for employment authorization under existing regulations, which require that they demonstrate an economic necessity for employment.
Vijay Bhagwati, Esq.
Founder and Managing Partner
