In response the January 13th announcement of a new workers rights policy by the US Department of Homeland Security (DHS), workers rights organizations from the Blue Ribbon Commission on Immigrant Work released the statements below, and held a virtual press call to respond to the new immigrant whistleblower policy.
Join day laborer and immigrant workers nationwide organizing for respect & protections for all migrant workers!
Workers from the Blue Ribbon Commission Respond to DHS
About the DALE Campaign
Since day one of the Biden Administration, NDLON day laborer centers and workers’ rights organizations called for immediate use of existing executive authority to protect immigrant workers – by stopping deportations and granting work authorization – for those who denounce workplace abuse, those who continued working through the pandemic and other disasters, and those who lost loved ones to the pandemic. Day laborer worker centers consistently raised the issue both publicly and directly with DHS and the Labor Department, rallying on the steps of the U.S. Labor Department, DHS, and the White House, and the streets of Washington, DC.
In June of 2021, workers from the Arriba Las Vegas Workers Center raised the issue directly with Labor Secretary Marty Walsh during a roundtable meeting in Las Vegas. And throughout 2021, the Arriba Las Vegas Workers Center (requested in April 2021), the Immigrant Alliance for Justice & Equity of Mississippi (requested in April 2021), and Gainesville Familias Unidas, advanced specific requests for protection, making the case for DOL and DHS action.
On October 12, 2021, and in no small part because of this public pressure, DHS Secretary Mayorkas issued a “Workplace Enforcement Memo” directing DHS agencies to develop policies (in six months) to protect workers that denounce workplace abuse. In response, we launched a Blue Ribbon Commission on Immigrant Work – consisting of workers and day laborer centers across various industries and cities nationwide – to ensure that the promise of such a policy is fulfilled.
Workers organized multiple assemblies, public hearings and demonstrations, highlighting the extent of workplace abuse in factories, warehouses, restaurants, fields, and construction sites; the extent of wage theft across industries; and the rampant violations of health and safety standards in dangerous workplaces or in the middle of disasters. On December 8, 2021, the Blue Ribbon Commission hosted a public hearing in Washington, DC where workers from across the country testified to a dozen DHS officials who watched virtually. The hearings and testimonies were then released and delivered in a REPORT on Hearing HIGHLIGHTS & RECOMMENDATIONS.
On November 16, US Senator Booker raised the issue directly with DHS Secretary Mayorkas at a Senate Judiciary Committee hearing. On October 21, NDLON Co-Executive Director Nadia Marin Molina raised the urgency for such a policy on MSNBC.
Since then, WeCount in Florida, the Workers Defense Project in Texas, and Arise Chicago in Illinois have also advanced specific cases for workplace protections for hundreds of workers – and opening new fronts to demand administrative action. Workers from coast to coast, across the south and the midwest, have organized workers assemblies and actions to demand respect and protection for migrant workers.
On July 6, 2022, the US Department of Labor issued guidance, in the form of an FAQ (available in English and Spanish), for immigrant workers denouncing workplace abuse and unsafe work conditions. The question is whether the US Department of Homeland Security and President Biden will follow thru on their own commitments?
Today, workers nationwide are taking action to demand worker migrant justice. Will you join us?
Take Action
Meet the workers & advocates of the Blue Ribbon Commission on Protections for Immigrant Workers
In response to our demands and actions from our member organizations and partners, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas published a ‘worksite enforcement’ memo, acknowledging the use of immigration enforcement to undermine workers’ rights and committing to review DHS policies to ensure protections, including deferred action, for workers who denounce workplace abuse.
The announcement is the result of years of our hard work and many actions. Now it’s time to ensure that the commitments made in the announcement are fulfilled by DHS and the Labor Department. For this purpose, we formally announced the launch of a new BLUE RIBBON COMMISSION (BRC) of workers and members of immigrant worker organizations to provide input on, guidance for, and evaluation of the new policies under development in the period to come. These are some of the workers and members of the Blue Ribbon Commission.
Policy and Case Resources
Click on any row below to expand content
Information for Employers and Employees: DHS Support of the Enforcement of Labor and Employment Laws
Key Updates
Click on any row below to expand content
Resources
Click on any row below to expand content
US Department of Labor Guide: US Department of Labor Guidance to Protect Immigrant Workers - July, 2022
READ ORIGINAL NEWS RELEASE ON DOL SITE
US DEPARTMENT OF LABOR POSTS PROCESS FOR SEEKING ITS SUPPORT FOR IMMIGRATION-RELATED PROSECUTORIAL DISCRETION DURING LABOR DISPUTES
WASHINGTON – The U.S. Department of Labor today posted a Frequently Asked Questions document to provide workers experiencing a worksite labor dispute with guidance on how to seek the department’s support for their requests to the Department of Homeland Security for immigration-related prosecutorial discretion.
For the Department of Labor to carry out the laws its enforces, workers must feel free to participate in its investigations and proceedings without fear of retaliation or consequences related to their immigration status. The department has long supported DHS’ use of prosecutorial discretion – on a case-by-case basis – for certain workers subjected to abusive and exploitative labor practices.
For decades, the department has memorialized this relationship through agreements with immigration officials. The most recent 2011 Memorandum of Understanding between the departments of Labor and Homeland Security set forth ways in which the departments will work together to ensure that their respective civil worksite enforcement activities do not conflict, and ultimately advance each department’s mission. The MOU recognizes that effective enforcement of labor law is essential to ensure proper wages and working conditions for all covered workers regardless of immigration status, and that effective enforcement of immigration law is essential to protect the employment rights of lawful U.S. workers. In 2016, the National Labor Relations Board, and the Equal Employment Opportunity Commission published an addendum to the MOU.
Workers seeking the Department of Labor’s support to include as part of their request to DHS for prosecutorial discretion should send an email to statementrequests@dol.gov with the subject line: “Request for Statement of DOL Interest.” In the email, workers or their advocates or representatives are encouraged to provide enough information for the department to identify the worksite that is the subject of the labor dispute and any related investigations or cases. Requests will be considered on a case-by-case basis. For more information on what to provide in these inquiries and the factors that the department will consider when deciding whether to provide a Statement of Department of Labor Interest in a worksite’s labor dispute, please review the FAQs.
Department of Homeland Security (DHS) Memorandum on Worksite Enforcement - October, 2021
Memorandum from Secretary Mayorkas titled, “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual”
NELP Report: OSHA must protect Covid whistleblowers - October 8th, 2020
More than half the 1,744 retaliation complaints received were dismissed without being investigated; only two percent were investigated and resolved.
Read full report here: https://www.nelp.org/publication/osha-failed-protect-whistleblowers-filed-covid-retaliation-complaints/
Sign on letter: New Orleans Worker Center for Racial Justice: Bring Joel Home!
On Oct. 12, construction worker Delmer Joel Ramírez Palma was working on the Hard Rock Hotel in New Orleans when the structure collapsed, killing three workers and injuring dozens more. Ramirez Palma sustained serious injuries, but survived.
Ramírez Palma had done construction work in the New Orleans area for 18 years. On this job, he had on multiple occasions before the collapse raised safety concerns with his supervisor, including measurements showing that the building was not level.
Two days after the collapse, Ramírez Palma was trying to recuperate while fishing in Louisiana’s Bayou Sauvage National Wildlife Refuge. He was approached by U.S. Fish and Wildlife officers and asked to produce a fishing license, which he did.
He was then asked for a driver’s license, which he didn’t have. The officers summoned Border Patrol agents, who placed him under arrest. They called ICE, and he was placed in detention.
SEE THE SIGN ON LETTER to the US Secretary of Labor.
DALE Livestream Show (SPANISH): Acceso a las Vacunas! - January 18th, 2021
A conversation with Elmer and Marlom, two members of the NDLON popular education team, about new materials on the collection of the COVID-19 vaccine.
DALE Livestream Show (SPANISH): El Poder del Executivo: Joe Biden Nomina al Marty Walsh para Secretario del Dept de Trabajo - January 4th, 2021)
A conversation with NDLON’s National Campaign Manager, Salvador G. Sarmiento, and NDLON’s Health and Safety team about newly nominated labor secretary Marty Walsh and his powers in the executive branch of the federal government.
DALE Livestream Show (SPANISH): Cómo proteger a la clase trabajadora AHORA? - January 28th, 2021
We talked about labor laws and the need for immediate action to protect the rights of immigrant workers.
DALE Livestream Show (SPANISH): Como Protegerse en el Trabajo Contra el COVID-19 - January 7th, 2021
A conversation with the NDLON Health and Safety team, a national coalition of experts in US health and safety regulations.
Video Livestream of Protest Action: Union Latina en Acción - New Jersey and Casa Freehold protest against wage thief Dr. Philip
Live Broadcast with Unidad Latina en Acción NJ & Casa Freehold standing against wage theft. Dr. Philip is a dentist that hired 3 Day Laborers and never paid them. We are demanding justice!
Video Livestream of Protest Action: Union Latina en Acción - New Jersey and Casa Freehold protest against wage thief Dr. Philip
Live Broadcast with Unidad Latina en Acción NJ & Casa Freehold standing against wage theft. Dr. Philip is a dentist that hired 3 Day Laborers and never paid them. We are demanding justice!
Video Livestream: Day Laborer from SALVA - Palmdale, CA
Day laborers at SALVA, a job center in California’s Antelope Valley, sound the alarm of a crisis of abuse and retaliation, in the midst of a pandemic.
In the Press
Click on any row below to expand content