The US Department of Homeland Security (DHS) announced a process Friday by which migrant workers who witness or are victims of labor rights violations in their workplace can request protection from being deported, a move welcomed by labor rights advocates who say it will protect migrant workers who report abusive working conditions.
Friday’s announcement sets out guidelines on the agency’s website so that protection applicants know what documentation they need to apply and how to proceed.
“Workers are sometimes afraid to report violations of the law by exploitative employers, or to cooperate in employment and labor standards investigations, because they fear removal or other immigration-related retaliation from an abusive employer.” the agency said in a press release. “Labor and employment law enforcement agencies depend on the cooperation of these workers for their investigations.”
The agency said that in the past it has been able to use “discretionary authority” to consider requests on a case-by-case basis to protect workers who assist in labor-related investigations from deportation.
But the new rules create a “simplified and expedited” process and a centralized place where applications can be submitted.
The new process allows migrant workers to request “deferred action”; that is, protection from being deported, if they participate in an investigation of labor rights violations in the workplace.
As part of the application, they would have to present evidence from an employment or labor agency that describes what the investigation consists of and why they need DHS support. They would also have to prove that they work for the company, as well as present documents proving their identity.
The applications would be reviewed by Citizenship and Immigration Services, a division of the Department of Homeland Security that handles immigration and citizenship-related petitions.
If approved, migrant workers who cooperate with a labor investigation can stay in the country for two years. They can also request authorization to work legally in the country during that time.
Unions and immigrant advocacy groups applauded the news as a way to protect immigrant workers from employers who could use their immigration status to retaliate against them for reporting things like wage or labor violations.
“As immigration attorneys, we have seen many of our clients experience workplace abuse that they were afraid to report for fear of retaliation from unscrupulous employers,” said Ann Garcia, an attorney with the National Immigration Project.
In an October 2021 memo, Homeland Security Secretary Alejandro Mayorkas said the agency would consider requests for deferred action protections for immigrants who assist in employment investigations, but did not set out a detailed policy on how this would be done. Since then, Garcia noted, some lawyers have submitted applications on behalf of their clients, but they were considered on a case-by-case basis.
“It was a guesswork process,” he said.
Garcia, who trains other lawyers on some aspects of immigration law, said that now the formal process will allow him to more easily help other lawyers carry out procedures for their clients.
Stuart Appelbaum, president of the Union of Retail, Wholesale and Department Stores, also welcomed the announcement.
“Immigrant workers are critical to the success of our economy; however, they are among those who suffer the most exploitation and abuse at work, and then suffer even more intimidation and reprisals when they stand up for their rights,” Appelbaum said. groups that protest against him in mobilizations that leave almost fifty deaths. Dina Boluarte took office in December after the removal of her predecessor, Pedro Castillo, for trying to dissolve Congress to prevent her removal.
“I will not resign. My commitment is with Peru and not with that tiny group that is making the country bleed,” Boluarte said in a televised message on Friday night.
He referred to those who are calling for his resignation as “some voices that come out of the violent and radical” and that are “inciting the population to chaos, disorder and destruction.”
In addition, he apologized for the deaths that occurred in the mobilizations.
“I cannot fail to reiterate my regret for the deaths of Peruvian men and women in the protests, both our civilian compatriots and the brave policeman who lost his life in an unfortunate manner. I apologize for this situation and for what has not been done to avoid these tragic events,” said the president.
“If we have made a mistake in the purpose of finding peace and calm, I apologize to the Peruvian people. We will know how to overcome and improve ”, he insisted at the end of the message.
In his speech, he questioned the seizures of airports and highways, the attacks on ambulances, the looting of shopping centers and the sabotage of shops as part of the protests.
Boluarte urged Congress to speed up the approval of the early elections, one of the demands of the mobilizations. Parliament has a second vote pending to set them in 2024, which would imply a two-year reduction in the mandates of the executive and legislative branches. Several groups demand that they be held this year.
“This president does not want or intend to stay in power,” he said, adding that he asked the chamber to advance the date of the vote so that “the population knows a certain date that we already have the early election.”
On the other hand, he refuted the request to close Congress, another of the protesters’ claims, alleging that doing so without complying with the Constitution “would be walking outside the law.”
In addition, he questioned the demand to hold a Constituent Assembly, using neighboring Chile as an example “where the constituent process has lasted several years and, faced with the rejection of the citizens, a new process has been opened. This cannot be done overnight.”
In response to the request to release Castillo, Boluarte recalled that the case was in the hands of justice.
On Friday, mobilizations, strikes and roadblocks were registered in 44 provinces, the majority in the southern regions of the country, the Ombudsman’s Office explained in an evening report. In addition, it identified 83 blockade points on national roads and a violent incursion and the burning of a water pump belonging to the Antapaccay company, in Cusco.
As of Friday afternoon, the protests against Boluarte left 49 dead, including 41 civilians killed in clashes, a policeman burnt to death after an attack, and seven civilians who died in traffic accidents and other accidents related to road blockades, according to the Ombudsman’s Office.
The protests have gained new momentum after resuming last week after a partial truce for the New Year holidays. Among the protesters there are those who also demand the release of Castillo, who remains in preventive detention for 18 months while he is investigated for alleged rebellion.
Boluarte took office after Castillo, who had been president since 2021, was removed by Congress after trying to dissolve the institution in a television message on December 7. The president held the vice presidency and she was elected on the same list with her predecessor. Parliament swore her in on the same day Castillo’s dismissal for being her constitutional successor.
Castillo was arrested when he was circulating with his entourage along an avenue in the center of Lima. According to the Prosecutor’s Office, he was going to the Mexican embassy to seek political asylum.