Sec. 5102. Power Act
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/bill/117/hr/1177/ih/section-5102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— in clause (i)— by amending subclause
(I)to read as follows: the noncitizen— has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); has suffered substantial abuse or harm related to a violation described in clause (iv); is a victim of criminal activity described in clause
(iii)and would suffer extreme hardship upon removal; or has suffered a violation described in clause
(iv)and would suffer extreme hardship upon removal; ; in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause
(iv)before the semicolon at the end; in subclause (III)— by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board ; and by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause
(iv)before the semicolon at the end; and in subclause (IV)— by inserting
(aa)after
(IV); by inserting or after the semicolon at the end; and by adding at the end the following: a workplace claim described in clause
(iv)resulted from a labor or employment violation; ; in clause (ii)(II), by striking and at the end; in clause (iii), by striking or at the end and inserting and ; and by adding at the end the following: if the labor or employment violation related to a workplace claim, the noncitizen— has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or . Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ), as amended by section 4304, is further amended— in paragraph (1)— by striking The petition and inserting the following: The petition ; by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears; and by adding at the end the following: A noncitizen petitioning for, or having status under, section 101(a)(15)(U) may not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant. The Secretary of Homeland Security and the Attorney General may not use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding. ; in paragraph (6)— by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii) ; and by inserting or workplace claim after prosecution of such criminal activity ; and by adding at the end the following: Notwithstanding any other provision of law, the Secretary of Homeland Security may permit a noncitizen to temporarily remain in the United States, and grant such noncitizen employment authorization, if the Secretary determines that the noncitizen— has filed for relief under section 101(a)(15)(U); or has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and 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, including the Occupational Safety and Health Administration; the National Labor Relations Board; the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim. . 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 245(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(1) ) is amended— in the matter preceding subparagraph (A), by inserting The before Secretary of Homeland Security ; and by inserting or an investigation or prosecution regarding a workplace claim after prosecution . Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: In this paragraph: 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. If the Secretary of Homeland Security conducts 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 of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— any noncitizens 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 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 noncitizens; and noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed. Any noncitizen 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 later of the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals unless the Secretary establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen’s removal hearing, that— the noncitizen has been convicted of a felony or; the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen’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 not to exceed 10 additional years upon determining that— such relief would enable the noncitizen 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. . 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 subparagraph (E), by striking physical or mental abuse and the criminal activity, and inserting abuse and the criminal activity or workplace claim; ; in subparagraph (F), by striking the comma at the end and inserting ; or ; and by inserting after subparagraph
(F)the following: the noncitizen’s employer, .
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