BOSTON — The Massachusetts Attorney General’s Office (AGO), in collaboration with the Illinois Attorney General’s Office and the Seattle Office of Labor Standards, has led a coalition of 27 labor enforcement agencies in urging the Department of Homeland Security (DHS) to extend the protection period of the Deferred Action Program for noncitizen victims and witnesses of labor violations from two years to a minimum of four years.
The request was made through a letter to DHS, advocating for an extension to better support labor rights enforcement efforts. The Deferred Action Program currently offers protection from deportation for noncitizens involved in labor rights investigations and grants work authorization for those who need it. After two years, individuals must apply for renewal to maintain their protection.
The program aims to secure cooperation from noncitizen victims and witnesses by reducing their fear of deportation. These agencies rely on workers' willingness to report violations, provide information during investigations, and act as witnesses. However, complex investigations often exceed two years, posing challenges if noncitizen workers lose their protection before completion.
Noncitizen workers are predominantly employed in low-wage, high-turnover industries where they face exploitation through illegal practices such as underpayment, denial of overtime pay, misclassification as independent contractors, lack of sick time and workers' compensation coverage, and unsafe working conditions. Employers exploit these workers' fear of deportation to deter them from reporting violations.
The coalition argues that extending the deferred action protection period is crucial for enabling law enforcement agencies to complete investigations effectively and ensure justice for all affected by labor rights violations. While renewals are possible after two years, the process can be burdensome and uncertain.
In their letter, the coalition provided examples requiring more than two years for resolution. For instance, an investigation initiated by the Massachusetts AGO in June 2022 into a cleaning company's wage practices remains ongoing due to attempts by the company to evade liability by forming another entity.
Joining Massachusetts in this effort were Attorneys General from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon Pennsylvania Rhode Island Vermont along with various local offices including Seattle Office Labor Standards California Labor Workforce Development Agency California Labor Commissioner’s Office California Department Industrial Relations Occupational Safety Health California Agricultural Labor Relations Board Denver Labor Auditor’s Office Los Angeles County Office Labor Equity Travis County District Attorney’s Office New York City Comptroller
In Massachusetts Assistant Attorney General Alex Sugerman-Brozan handled this matter through AGO's Fair Labor Division Workers believing their rights have been violated may contact AGO Fair Labor Division at (617) 727-3465 or file a workplace complaint with AGO