California Attorney General Rob Bonta has joined a multistate coalition urging the U.S. Department of Homeland Security (DHS) to delay immigration enforcement action for workers participating in labor violation investigations. Currently, workers can apply to DHS for deferred action for two years if they are victims of, or witnesses to, alleged workplace violations being investigated or prosecuted by the government.
In a letter to the DHS Deferred Action Program, Attorney General Bonta argued that extending the deferred action period to four years would significantly aid in securing witness cooperation in investigations and enforcement actions. He stated, “Regardless of immigration status, workers who have witnessed or been the victims of labor violations should be protected. We can’t protect workers if people are afraid to report labor violations.”
Attorney General Bonta emphasized that an extended deferred action period would make the program more effective in reducing worker reticence and making protections more meaningful. He reaffirmed his commitment to protecting all workers' rights, including noncitizen workers contributing to better workplaces in California and across the country.
In January 2023, DHS announced a new initiative allowing noncitizen victims or witnesses of workplace violations to request expedited deferred action from potential immigration enforcement. The program aims to support labor enforcement efforts by removing barriers that prevent workers from filing complaints or providing information due to fear of deportation.
The coalition's letter requests that DHS extend the deferred action protection period from its current two-year duration to four years. The limited duration means some workers' protections may expire during ongoing investigations, leaving them vulnerable and hesitant to cooperate with enforcement actions.
Attorney General Bonta was joined by attorneys general from Illinois, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and the District of Columbia. Additionally joining were various state and local labor enforcement agencies including Seattle Office of Labor Standards; California Labor and Workforce Development Agency; California Labor Commissioner’s Office; California Department of Industrial Relations – Department of Occupational Safety and Health; California Agricultural Labor Relations Board; Los Angeles County Office of Labor Equity; Travis County District Attorney’s Office; Denver Labor Auditors Office; and Office of the New York City Comptroller.
The letter is available here.