DHS Immigration Protection for Workers Assisting in Labor and Employment Investigations
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APPLIES TO All Employers |
EFFECTIVE February 12, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On February 12, 2024, the Department of Homeland Security (DHS) restated its protections for workers participating in or otherwise involved in a federal, state, or local labor and employment agency investigation or enforcement action. Such workers are eligible for deferred action. Deferred action is a deferred removal action for a noncitizen for a certain time period. DHS hopes to incentivize victims or witnesses of labor and employment violations to willingly report violations and cooperate in investigations. Victims of certain crimes and victims of human trafficking may also be eligible for deferred action.
Eligibility will be determined on a case-by-case basis. Those who are approved can request deferred action for a period of up to two years with additional extensions possible. DHS may also grant employment authorization along with deferred action. DHS can terminate the deferred action at any time. Employers should review and update their policies for reporting employment and labor violations and initiating prompt investigations. Employers should also review their processes for obtaining proof of work authorization.
Action Items
- Review the DHS announcement and FAQs here.
- Review and update policies regarding reporting of employment and labor violations.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase