Noncitizen workers win big victory from Homeland Security for workplace whistleblowers

Washington DC - The US Department of Homeland Security (DHS) has announced new federal policies that will help give protection to undocumented workers who report violations of their labor rights, and is being heralded by labor organizers as a historic day.

The US Department of Homeland Security announced new policies on Friday to provide protection to noncitizen and undocumented workers that report labor rights violations.
The US Department of Homeland Security announced new policies on Friday to provide protection to noncitizen and undocumented workers that report labor rights violations.  © Collage: IMAGO / ZUMA Wire

The DHS issued a news release on Friday regarding improvements to its "longstanding practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis."

Workers who are victims of, or witnesses to, rights violations will now be able to visit the department's website to submit a request in English or Spanish, streamlining the process and making it easier for noncitizen workers.

Immigrants and migrants face issues that many documented workers and US citizens do not, such as racial bias, underpayment, and explicit wage theft.

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Employers can weaponize workers' documentation status if complaints are brought forth, which creates fear that keeps undocumented workers from coming forward when they are being treated unfairly.

The DHS now hopes to even the playing field a bit, providing laborers with the tools they need to report violations while having protection against retaliation, such as deportation, by the agency.

"Unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules," explained Secretary of the DHS Alejandro Mayorkas. "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."

Mayorkas added that he believes the move will "effectively protect the American labor market, the conditions of the American worksite, and the dignity of the workers who power our economy."

Activists and labor organizations have been actively fighting for the federal government to address the issue for years. Now now that the Biden administration has acted on their calls, what do they think?

Immigrant worker rights organizations react to the new policies

Members of the activist group Resist gathered for a silent protest inside The Oculus in New York City in September 2019.
Members of the activist group Resist gathered for a silent protest inside The Oculus in New York City in September 2019.  © IMAGO / Pacific Press Agency

In October 2021, various worker rights groups and day laborer centers came together to form the Blue Ribbon Commission on Immigrant Work to raise awareness about workplace abuse that many migrant workers face.

The commission took their message, which they called the DALE campaign, to Washington DC, putting pressure on the Biden administration to take them seriously.

On Friday afternoon, the National Day Laborer Organizing Network (NDLON) held a news conference in response to the DHS' announcement, allowing members and activists from labor rights groups to share their thoughts.

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Many speakers praised the new policies, including Bliss Requa-Trautz, executive director of the Arriba Las Vegas Worker Center, who described the move as a "victory" for undocumented workers. She said she is "optimistic" the policies are one step closer to enforcing rights for all workers.

Rosario Ortiz, another member of Arriba Las Vegas and one of the first undocumented workers that was granted protections under the new policies, agreed, calling it "a historical day."

Ortiz described how he and other employees have been "fighting without rest" for over three years, facing intimidation, wage theft, and threats of retaliation.

"We have broken down these doors so that one day all workers can have the protections they deserve," he said per a translator, also adding that he was "proud" of the changes their efforts have brought about.

Rosario Palacios, a poultry worker in Gainesville, Georgia, shared a story of how a nitrogen leak occurred at her workplace. Complaints from her and her coworkers went ignored, and eventually six workers died because of the leak.

She said the move by the DHS is definitely a "step in the right direction," but she "will not forget that so many folks still don't have protections."

The Department of Homeland Security and the Biden Administration seem to be heading in the right direction to make sure all workers are granted the rights they deserve.

Cover photo: Collage: IMAGO / ZUMA Wire

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