Workplace Immigration News
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.
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.
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).
DHS Policy Extends More Protections for Undocumented Workers Involved in Labor Investigations
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).
Court Upholds Most of California Laws Protecting Immigrant Rights
Good news for California’s immigrant workers. On July 5, 2018, a federal court in Sacramento issued its order denying the U.S.’s motion for preliminary injunction of three California laws aimed at protecting the community and its citizens.
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.
Redadas de Inmigración en el Norte de California – Tenga un Plan y Conozca Sus Derechos
Recientes informes noticiosos indican que el Departamento de Seguridad Nacional (“DHS”, por sus siglas en inglés) está planeando llevar a cabo acciones de control de inmigración, posiblemente batidas o redadas a gran escala, en el Norte de California.
Northern California Immigration Raids — Have a Plan and Know Your Rights
Recent news reports indicate that the Department of Homeland Security (“DHS”) is planning to conduct immigration enforcement actions, possibly larger scale sweeps or raids, in northern California.
TPS Update for El Salvador and Haiti: Deadlines for Registration and Extension of Work Authorization
The federal government announced the termination of Temporary Protected Status (“TPS”) for individuals from El Salvador and Haiti.
Temporary Protected Status (TPS) Update on Nicaragua and Honduras
Temporary Protected Status (“TPS”) is a program run by the federal government providing for temporary legal status to immigrants from certain designated countries.
AB 450 and SB 54: California Expands Protection of Immigrant Workers through New Legislation
Governor Brown recently signed two bills protecting immigrants and immigrant workers in California.
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.
California Workers’ Compensation Benefits are available to Undocumented Employees
All California workers are entitled to workers’ compensation benefits regardless of their legal status. California law provides that such protections, rights, and remedies under state law are available to all individuals who work in this state, regardless of immigration status.
President of Nation of Immigrants Sticks it to Nearly 800,000 Immigrants that Entered the U.S. as Children, but Gives Congress Six Months to Make Legislative Fix
Dreamers once again face an uncertain future. This time around, their anxiety and uncertainty comes as a result of President Trump’s September 5, 2017 decision to scrap the DACA program established in 2012 by President Barack Obama.
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.
Employers Can’t Make California Workers Re-Verify Their Work Authorization When Not Required By Federal Immigration Law
California labor protections apply to all workers, regardless of their immigration status.