The New York State Department of Labor has implemented a new process to shield undocumented immigrant workers from retaliation and removal during labor disputes.
Through an interagency partnership with the U.S. Department of Homeland Security, NYSDOL is now working with undocumented workers and their advocates to gain temporary protection from prosecution and potential removal, as well as the ability to work legally in the U.S. if the worker is involved in State NYSDOL investigations. This process of prosecutorial discretion, which under the Biden administration has been expanded to include state agencies, helps to alleviate reluctance to report unscrupulous employers by undocumented workers, who are often threatened with removal or other forms of retaliation.
“This important partnership with the U.S. Department of Homeland Security will not only help to protect the integrity of our labor investigations but also the safety of vulnerable New York workers,” Governor Kathy Hochul said. “New York is proud to lead the nation in worker protections, and we will continue to work with our local, state, and federal partners to ensure that all workers enjoy their right to fairness and safety in the workplace – regardless of their immigration status.”
Undocumented workers involved in workplace labor investigations by the NYSDOL may submit, or have an advocate or attorney submit on their behalf, a Statement of Interest request to NYSDOL supporting prosecutorial discretion from DHS. The Worker Protection Unit will evaluate the request and render a determination within 30 days. Separately, the worker would need to submit a concurrent filing for deferred action to DHS. Each application is reviewed by DHS and, if approved, the worker may be granted deferred action, which protects them from removal for two years, or longer in the case of ongoing investigations or subsequent payouts from employers. New York State has granted 32 Statements of Interest since the launch of this process, impacting more than 100 workers.
Once a Statement of Interest letter has been accepted by DHS, all workers at a worksite impacted by the investigation are eligible to apply for deferred action. For more information about the process, visit the prosecutorial discretion webpage.
