Sec. 502. Labor enforcement actions
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/bill/118/s/3128/is/section-502·A 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 Secretary 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 of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— any aliens arrested or detained who are victims of or material witnesses to 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 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 civil claim arising from criminal activity, 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 or judicial appeals, whichever is later. 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 or judicial appeals, and shall be extended by the Secretary of Homeland Security for a period of not longer than 10 additional years upon determining that— such relief would enable the alien asserting a workplace claim or civil claim arising from criminal activity, or assisting in investigation or prosecution of criminal activity, to pursue the matter to resolution, according to any agency administering any statute underlying these claims or any other credible evidence; the deterrent goals of any statute underlying a workplace claim, criminal activity, or civil claim arising from criminal activity would be served, according to any agency administering such a statute or any other credible evidence; or such extension would otherwise further the interests of justice. In this paragraph: The term civil claim arising from criminal activity means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to a Federal, State, or local agency or court related to the violation of applicable Federal, State, and local laws arising from criminal activity described in section 101(a)(15)(U)(iii). 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 claim or from the presiding officer overseeing the 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 workplace injury or illness or 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. . Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ), as amended by subsection (b), is further amended by adding at the end the following: Notwithstanding an employee’s status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of Federal law relating to the unlawful employment of noncitizens— all rights, remedies, and relief provided under any Federal, State, or local law relating to workplace rights, including reinstatement and back pay, are available to such employee; and a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action. .
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