Sec. 181. Labor enforcement
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Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended to add a new paragraph (10). When an enforcement action is undertaken by the Department of Homeland Security and the Department receives information that there is a labor dispute in progress, or that information was provided to the Department of Homeland Security to retaliate against employees for exercising their employment rights, the Department shall ensure that any aliens who are arrested or detained and are necessary for the prosecution of any labor or employment law violations are not removed from the country without notifying the appropriate law enforcement agency that has jurisdiction over the violations and providing the agency with the opportunity to interview such aliens.
The Department shall ensure that no aliens entitled to a stay of removal under this section are removed. Any arrangements for aliens to be held or interviewed shall be made in consultation with the relevant labor and employment law enforcement agencies. An alien against whom removal proceedings have been initiated pursuant to chapter 4 of title III of the Immigration and Nationality Act, who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim, shall be entitled to a stay of removal and to an employment authorized endorsement unless the Department establishes by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing that— the Department initiated the alien’s removal proceeding for wholly independent reasons and not in any respect based on, or as a result of, any information provided to or obtained by the Department from the aliens employer, from any outside source, including any anonymous source, or as a result of the filing or prosecution of the workplace claim; and the workplace claim was filed in a bad faith with the intent to delay or avoid the alien’s removal.
Any stay of removal or work authorization issued pursuant to subsection
(i)shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim. The Secretary of Homeland Security shall extend such relief for a period of not longer than 3 additional years upon determining that— such relief would enable the alien asserting the workplace claim to be made whole; the deterrent goals of any statute underlying the workplace claim would thereby be served; or such extension would otherwise further the interests of justice. In this section— the term workplace claim shall include any claim, charge, complaint, or grievance filed with or submitted to the employer, a Federal or State or local agency or court, or an arbitrator, to challenge an employer’s alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers employment, the treatment of workers, or the hiring or firing of its workers; and the term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. . Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— in clause (ii), by striking and at the end; in clause (iii)— by striking or before attempt ; and by adding at the end the following: a civil violation of Federal, State, or local employment or labor laws; and ; and by adding at the end the following: the Secretary may not grant a petition filed by an alien based on a civil violation of Federal employment or labor laws unless the alien has— a reasonable fear of retaliation based on immigration status; has been threatened with retaliation based on immigration; or has been retaliated against based on immigration status for attempting to remedy such violations; or .
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