Workplace Enforcement by Immigration Authorities

NEWS RELEASE: The POWER Act Provides Key Protections for Immigrant Workers, Securing Fair Labor Standards for Everyone. Sen. Robert Menendez (D-NJ), flanked by the Rev. Jesse Jackson and other civil rights as well as union leaders, today introduced the Protect Our Workers from Exploitation and Retaliation (POWER) Act on Capitol Hill. Crafted in response to reports across the country of employers using immigration enforcement to retaliate against workers who step forward to claim their workplace rights, the bill is designed to thwart the use of immigration law to quash workers’ efforts to promote fair labor practices. Here are statements by Marielena Hincapié, NILC's executive director, and Tyler Moran, NILC's policy director. READ THE NEWS RELEASE ›› (Posted 4/14/10)

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The POWER Act: Protect Our Workers from Exploitation and Retaliation Act. By mandating changes in how the Dept. of Homeland Security conducts worksite immigration enforcement and by creating new protections for workers, POWER would help ensure that enforcement of federal immigration law does not undermine workers’ basic job-related rights. The legislation marks a vital step forward and will help create safe and just workplaces for all workers. READ ABOUT ITS KEY PROVISIONS ›› (Posted 4/14/10)

NEWS RELEASE: DHS Issues "New" Worksite Enforcement Guidelines That Are Simply More of the Same (English & Spanish, 4/30/09)

Protections for Detained Salvadorans after a Worksite Raid. Attorneys and legal workers representing persons detained in worksite raids should be aware of two provisions of a permanent injunction that apply nationwide to nationals of El Salvador detained by immigration authorities. (4/08)

Immigration Enforcement During Labor Dispute: Sample Letter to U.S. Immigration and Customs Enforcement (Word for Windows file, posted 2/14/08)

Administration Announces Harsh New Immigration Measures (article) and List of announced measures: "Improving Border Security and Immigration Within Existing Law" (Depts. of Homeland Security & Commerce, 8/10/07)

Facts about the IMAGE Program: ICE Mutual Agreement between Government and Employers (PDF) (1/07)

The U.S. Department of Homeland Security announces proposed regulations regarding Social Security Administration "no-match" letters and worksite enforcement (posted 6/19/06)

Issue Brief: Immigration Enforcement During Labor Disputes (updated 11/09)

In the Matter of Herrera-Priego, USDOJ EOIR (Lamb, I.J., July 10, 2003).

RESOURCES FROM OTHER NONPROFITS

ICE [U.S. Immigration & Customs Enforcement] Raid Map -- annotated map showing where ICE has conducted worksite raids (2006-08), compiled by Centro Legal, St. Paul, Minnesota. (Link posted 11/26/08)

INFORMATION FROM THE U.s. GOVERNMENT

Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations (U.S. Immigration and Customs Enforcement document issued in 11/07; posted here 6/19/08.)

Litigation

National Immigration Law Center v. Department of Homeland Security (Lawsuit alleges that immigration officials violated the Freedom of Information Act by failing to release information about the mistreatment of workers detained during a Feb. 2008 workplace raid in Los Angeles. The mistreatment included racial profiling, intimidation, and denial of access to counsel.)

NEWS RELEASE: Groups Sue for Release of Government Documents Related to Local Immigration Raid (10/28/08)
Complaint for Declaratory and Injunctive Relief, Case No. CV08-07092 (C.D. Cal., filed Oct. 28, 2008).

National Lawyers Guild v. Chertoff (Lawsuit challenging U.S. Immigration and Customs Enforcement (ICE) policy and practice of excluding attorneys from interviews with workers detained after a 2/08 Los Angeles worksite raid.)