To protect noncitizen workers during investigations into labor violations, new measures are being introduced to strengthen their rights, the Massachusetts Attorney General's Office, joined by the offices from Illinois and the Seattle Office of Labor Standards, has formed a coalition with 27 other labor enforcement agencies to petition the Department of Homeland Security (DHS). Their request is to extend the Deferred Action Program period for these workers from two years to a minimum of four years, according to a press release from the Massachusetts AG's office.
The current protection, provides noncitizens who are victims or witnesses of labor violations with relief from deportation and work authorization, and is critical for ensuring these individuals can participate in investigative and enforcement actions without fear. Cases often stretch beyond the two-year mark, leaving individuals at risk of losing their protection status, compelling them to step away from participation due to rising fears of deportation, or facing the complex process of seeking renewal – with no assurance of success.
The coalition's letter to DHS stressed the importance of a longer protection period for noncitizen workers, who are disproportionately vulnerable in industries known for high turnover and low wages, such as cleaning, construction, and food service. These workers often face exploitation by employers who bank on the workers' deportation fears to suppress reports of rights violations and compliance with investigations.
An ongoing investigation by the Massachusetts AGO highlights the need for extended protection. Starting in June 2022, it involves a cleaning company employing a largely immigrant workforce, which has reportedly created another business entity, ostensibly to evade liability. Now, two years deep into the case, testimonies from hundreds of affected employees remain vital, and the precarious status of their deportation protections hinders progress. In the statement put forth, the AGO indicates that the ability of these workers to participate without fear of deportation is critical to achieving justice and restitution.
The push for the extension is backed by attorney generals from states including California, Colorado, Connecticut, Delaware, and many others. The support framework includes offices with a stake in labor equity, such as the Los Angeles County Office of Labor Equity and others representing local and state interests. If workers in Massachusetts suspect a breach of their rights, they are encouraged to contact the Attorney General’s Fair Labor Division, or file a workplace complaint with the AGO.
