Attorney General Raoul leads coalition urging DHS to extend protection period of deferred action program
Chicago – Attorney General Kwame Raoul, alongside Massachusetts Attorney General Andrea Joy Campbell and the Seattle Office of Labor Standards, today led a coalition of 26 state attorneys general and labor enforcement agencies in calling on the Department of Homeland Security (DHS) to extend the Deferred Action Program protection period for noncitizen victims and witnesses in labor enforcement investigations from the current two years to a minimum of four years.
The letter sent by Raoul and the coalition to DHS explains that the program has enabled labor enforcement agencies conducting investigations into labor violations to secure cooperation from noncitizen victims and witnesses by lessening workers’ fear of deportation. However, due to the often-complex nature of such investigations, cases frequently extend beyond two years before enforcement is completed.
“Noncitizen workers have a right to safe and fair treatment in the workplace and should not fear deportation if they are part of a labor violation investigation,” Raoul said. “I urge the Department of Homeland Security to extend the Deferred Action Program protection period in order to ensure investigations result in employers being held accountable if they violate labor laws. I am proud to lead this diverse coalition in defending the rights and dignity of all workers.”
Noncitizen workers are disproportionately employed in low-wage and high-turnover industries. These workers are particularly vulnerable to exploitation by employers who violate their rights with illegal practices such as paying below the applicable minimum wage, failing to pay workers all their wages, delaying their wages, refusing to pay overtime, or failing to provide workers compensation coverage.
In their brief, Raoul and the coalition argued that extending the deferred action protection period from two years to four is necessary to make noncitizen workers less vulnerable to deportation fears. The extension would also help law enforcement agencies successfully complete investigations and other enforcement actions benefiting those impacted by labor rights violations, including all employees as well as employers who comply with legal standards.
Joining Raoul, Campbell, and the Seattle Office of Labor Standards in filing the letter are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island and Vermont; along with officials from various labor departments including California's Labor Commissioner’s Office and Department of Industrial Relations – Department of Occupational Safety and Health; Denver's Labor Auditor’s Office; Los Angeles County's Office of Labor Equity; Travis County District Attorney’s Office; and New York City's Comptroller's Office.