Workplace Immigration News

Winnie Vien Winnie Vien

U Visas as a Tool and Protection for Immigrant Workers

The U visa was created in 2000 through the Victims of Trafficking and Violence Protection Act to combat human trafficking and to encourage immigrants to report crimes. It is similar to the T visa, which specifically grants immigrants who have experienced a severe form of trafficking (either sex or labor trafficking) temporary authorization to remain and work in the U.S. Compared to the T visa, the U visa provides a broader form of protection for immigrants, since it is not just limited to victims of severe trafficking.

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Norey Lee Navarro Norey Lee Navarro

The Fight for DACA Continues

Deferred Action for Childhood Arrivals (DACA) recipients, their families, and their communities remain in limbo after the U.S. District Court for the Southern District of Texas reaffirmed its previous determination against DACA. This decision is another disappointing step back for the valuable immigration program that permits certain immigrants brought to the United States as children to apply, on a case-by-case basis, for temporary work authorization and relief from deportation.

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Katharine McDonagh Katharine McDonagh

DHS extends Temporary Protected Status, continuing associated work authorization

Immigrant workers, including undocumented workers, are protected by federal and California wage and hour laws regardless of their citizenship status. Like other workers, immigrant workers have the right to organize a union and collectively bargain with employers under the National Labor Relations Act (NLRA).

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WRR Attorneys WRR Attorneys

DACA’s current status

As many are aware, the U.S. Supreme Court recently rejected the federal government’s attempt to get “early review” of a preliminary injunction that required U.S. Citizenship and Immigration Services (USCIS) to begin accepting renewal applications through the Deferred Action for Childhood Arrivals (DACA) program.

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Tiffany Crain Tiffany Crain

Nineteen States and the University of California File Lawsuits Against Trump and the Federal Government for the Rescission of DACA

On September 5, 2017, the U.S. Department of Homeland Security (“DHS”) issued a Memorandum ending Deferred Action for Childhood Arrivals (“DACA”). DACA protected about 800,000 young people from deportation and allowed these “dreamers” to live, work, study, and continue to contribute to their communities without fear of arrest and deportation.

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Tiffany Crain Tiffany Crain

Immigrant Workers Protected Against Retaliation Under Fair Labor Standards Act

The Ninth Circuit Court of Appeals issued a ground-breaking decision in the case of Jose Arnulfo-Arias v. Anthony Raimondo, Case No. 15-16120. The court found an employer’s attorney liable for retaliation against an employee under the Fair Labor Standards Act (“FLSA”) when the attorney conspired with U.S. Immigration and Customs Enforcement (“ICE”) to detain and deport the worker after the worker sued his employer for violations of workplace laws.

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