Sec. 3201. Protections for victims of serious violations of labor and employment law or crime
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Section 101(a)(15)(U) ( 8 U.S.C. 1101(a)(15)(U) ) is amended— in clause (i)— by amending subclause
(I)to read as follows: the alien— has suffered substantial physical or mental abuse or substantial harm as a result of having been a victim of criminal activity described in clause
(iii)or of a covered violation described in clause (iv); or is a victim of criminal activity described in clause
(iii)or of a covered violation described in clause
(iv)and would suffer extreme hardship upon removal; ; in subclause (II), by inserting , or a covered violation resulting in a claim described in clause
(iv)that is not the subject of a frivolous lawsuit by the alien before the semicolon at the end; and by amending subclauses
(III)and
(IV)to read as follows: the alien (or in the case of an alien child who is younger than 16 years of age, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to— a Federal, State, or local law enforcement official, a Federal, State, or local prosecutor, a Federal, State, or local judge, the Department of Homeland Security, the Equal Employment Opportunity Commission, the Department of Labor, or other Federal or, State, or local authorities investigating or prosecuting criminal activity described in clause (iii); or any Federal, State, or local governmental agency investigating, prosecuting, or seeking civil remedies for any cause of action, whether criminal, civil, or administrative, arising from a covered violation described in clause
(iv)and presents a certification from such Federal, State, or local governmental agency attesting that the alien has been helpful, is being helpful, or is likely to be helpful to such agency in the investigation, prosecution, or adjudication arising from a covered violation described in clause (iv); and the criminal activity described in clause
(iii)or the covered violation described in clause (iv)— violated the laws of the United States; or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States; ; in clause (ii)(II), by striking and at the end; by moving clause
(iii)2 ems to the left; in clause (iii)— by inserting stalking, child abuse when the alien is a minor; after sexual exploitation; ; by inserting fraud in foreign labor contracting; before peonage; ; and by striking or at the end and inserting and ; and by adding at the end the following: a covered violation referred to in this clause is— a serious violation involving 1 or more of the following or any similar activity in violation of any Federal, State, or local law, serious workplace abuse, exploitation, retaliation, or violation of whistleblower protections; a violation giving rise to a civil cause of action under section 1595 of title 18, United States Code; or a violation resulting in the deprivation of due process or constitutional rights. . Nothing in section 101(a)(15)(U)(iv)(III) of the Immigration and Nationality Act, as added by subsection (a), may be construed as altering the definition of retaliation or discrimination under any other provision of law. Section 274A ( 8 U.S.C. 1324a ), as amended by section 3101, is further amended— in subsection
(e)by adding at the end the following: If the Secretary undertakes an enforcement action at a facility about which a bona fide workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Secretary in retaliation against employees for exercising their rights related to a bona fide workplace claim, the Secretary shall ensure that— any aliens arrested or detained who are necessary for the investigation or prosecution of a bona fide workplace claim violations or criminal activity (as described in subparagraph
(T)or
(U)of section 101(a)(15)) are not removed from the United States until after the Secretary— notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and provides such agency with the opportunity to interview such aliens; no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed; and the Secretary shall stay the removal of an alien who— has filed a covered violation described in clause
(iv)of section 101(a)(15)(U) and is the victim of the same violations under an existing investigation; is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil rights claim; or has filed for relief under such section if the alien has is working with law enforcement as described in clause (i)(III) of such section. ; and by adding at the end the following: The Secretary of Homeland Security may permit an alien to remain temporarily in the United States and authorize the alien to engage in employment in the United States if the Secretary determines that the alien— has filed for relief under section 101(a)(15)(U); or has filed, or is a material witness to, a bona fide claim or proceedings resulting from a covered violation (as defined in section 101(a)(15)(U)(iv)); and has been helpful, is being helpful, or is likely to be helpful, in the investigation, prosecution of, or pursuit of civil remedies related to the claim arising from a covered violation, to— a Federal, State, or local law enforcement official; a Federal, State, or local prosecutor; a Federal, State, or local judge; the Department of Homeland Security; the Equal Employment Opportunity Commission; or the Department of Labor. . Section 214(p) ( 8 U.S.C. 1184(p) ) is amended— in paragraph (1), by striking in section 101(a)(15)(U)(iii). both places it appears and inserting in clause
(iii)of section 101(a)(15)(U) or investigating, prosecuting, or seeking civil remedies for claims resulting from a covered violation described in clause
(iv)of such section. ; and in the first sentence of paragraph (6)— by striking in section 101(a)(15)(U)(iii) and inserting in clause
(iii)of section 101(a)(15)(U) or claims resulting from a covered violation described in clause
(iv)of such section ; and by inserting or claim arising from a covered violation after prosecution of such criminal activity . Section 245(m)(1) ( 8 U.S.C. 1255(m)(1) ) is amended, in the matter before subparagraph (A), by inserting or an investigation or prosecution regarding a workplace or civil rights claim after prosecution . Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(a)(1) ) is amended— in each of subparagraphs
(A)through (D), by striking the comma at the end and inserting a semicolon; subparagraph (E), by striking the criminal activity, and inserting abuse and the criminal activity or bona fide workplace claim (as defined in subsection (e)); ; in subparagraph (F), by striking , the trafficker or perpetrator, and inserting ), the trafficker or perpetrator; or ; and by inserting after subparagraph
(F)the following: the alien's employer, . Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ) is amended by adding at the end the following: In section (a)(1), the term workplace claim means any claim, petition, charge, complaint, or grievance filed with, or submitted to, a Federal, State, or local agency or court, relating to the violation of applicable Federal, State, or local labor or employment laws. Subparagraph
(A)may not be construed to alter what constitutes retaliation or discrimination under any other provision of law. Any person who knowingly presents a false or fraudulent claim to a law enforcement official in relation to a covered violation for the purpose of obtaining a benefit under this section shall be subject to a civil penalty of not more than $1,000. In the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act and seeking relief under this section, the prohibition on adverse determinations under subsection
(a)shall expire on the date that the alien's application for status under such section is denied and all opportunities for appeal of the denial have been exhausted. . Section 239(e) ( 8 U.S.C. 1229(e) ) is amended— in paragraph (1)— by striking In cases where and inserting If ; and by striking paragraph (2), and inserting paragraph
(2)or as a result of information provided to the Secretary of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights, ; and in paragraph (2), by adding at the end the following: At a facility about which a bona fide workplace claim has been filed or is contemporaneously filed. .
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Sec. 3201
Protections for victims of serious violations of labor and employment law or crime
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