Sec. 3. Labor enforcement actions
631 words·~3 min read·
/bill/114/hr/4008/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— in paragraph (1)— by striking In cases where and inserting If ; and by inserting or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph
(2); and in paragraph (2), by adding at the end the following: At a facility about which a workplace claim has been filed or is contemporaneously filed. . Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: If the Department of Homeland Security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department in retaliation against employees for exercising their rights related to a workplace claim, the Department shall ensure that— any aliens arrested or detained who are necessary for the investigation or prosecution of 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 Department— 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; and no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed. An alien against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals, whichever is later, 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 alien has been convicted of a felony; or the workplace claim was filed in bad faith with the intent to delay or avoid the alien’s removal. Any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause
(i)shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals, and shall be extended by the Secretary of Homeland Security for a period of not longer than 3 additional years upon determining that— such relief would enable the alien asserting a workplace claim to pursue the claim to resolution; the deterrent goals of any statute underlying a workplace claim would be served; or such extension would otherwise further the interests of justice. In this paragraph: Notwithstanding any other provision of law, 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. The term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources