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Immigration Protections During Labor Disputes

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DHS has long recognized that labor and civil rights can be protected by their agency through the use of prosecutorial discretion, including deferred action or parole

2011 DHS-DOL MOUs seeks to protect people trying to exercise their rights.

The agencies recognized that standards for all workers are hurt when some workers are vulnerable to exploitation and retaliation.

2016 NLRB and EEOC are included.

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Workers have been fighting to make this real!

In 2013, the Tito’s workers began organizing with IUPAT and were immediately targeted by their boss with immigration threats.

NLRB took their case and tried to get U-visas, but ran into serious delays.

Then, in 2016 the NLRB tried to help get deferred action.

Most recently, in 2021 the Biden Administration finally grants DA and work permits. This resulted in a win of $250k in back wages tp Tito’s workers from their NLRB case.

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What has changed?

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#1

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#2

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#3

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What more do we need ?

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Inter-Agency Coordination�

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Occupational Safety and Health Administration (OSHA)

Jim Fredrick

(Frederick.James.S@dol.gov)

Natalicia Tracy (Tracey.Natalicia.R@dol.gov)

HQ Immigration Team:

Valeria Treves

Regional Enforcement Directors

NE: Jennifer McGraw, McGraw.Jennifer@dol.gov�SE: Jeffrey Genkos, Genkos.Jeffrey@dol.gov�MW: Nicole Van De Bogart, VanDeBogart@dol.gov�SW: Kimberly Avery, Avery.Kimberly@dol.gov�Western: Priscilla Garcia-Ocampo, Garcia-Ocampo@dol.gov

WHD National Headquarters

Notes:

  • When submitting cases, CC all contacts in yellow boxes
  • All underlined items are links to org charts/contact info

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Jennifer Abruzzo (General Counsel)

Jessica Rutter (jessica.rutter@nlrb.gov), Associate General Counsel

Aaron Karsh (Aaron.Karsh@nlrb.gov),

Operations-Management Division, Office of GC

Regional Immigration Coordinators�(new position, ask regional office for the contact info)

Notes:

  • For cases, CC contacts that are highlighted
  • All underlined items are links to org charts/contact info

National Labor Relations Board (NLRB) Power Map

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Lucy Rosas & Davis Kim,

Immigration Advisors

lucila.rosas@eeoc.gov, davis.kim@eeoc.gov

�District EEOC Director

Notes:

  • For cases, CC contacts that are highlighted
  • All underlined items are links to org charts/contact info

Equal Employment Opportunity Commission (EEOC) Power Map

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Outreach to labor agencies and lifting new cases…

Do you or will you have workers with cases to file?

Yes

No

Convene local coalition meeting with USCIS, Regional DOL-Solicitor, NLRB, DOL-WHD, and/or DOL-OSHA

  1. Contact Anita, Natalie, or Martha at Jobs With Justice for support
  2. If there are multiple workers trying to organize or already with WC or union, file with NLRB (cc Aaron.Karsh@nlrb.gov)

Based on relevance, also file with:

  • DOL-WHD or DOL-OSHA send to field office leadership and cc HQ point people (see DOl slide) - and senior counsel for the Solicitor's office for both Tulli.Emily.L@dol.gov
  • EEOC: include field office leadership and Lucila Rosas from HQ.

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Action Steps

Worker Leadership Development

Worker Leaders’ Training: Story of Self

Meet w/ Labor Agencies

Set up meeting with regional agency leadership to discuss how they are supporting requests for protections

Host a Training

Join monthly strat calls

Monthly Immigration Relief Case Call, 3rd Friday of the Month

Host an Organizer/ Attorney training: How to apply for labor protections with agency support

POWER Act Legislation

Petition

Share petition asking Biden Administration to deliver on commitment make it easier for workers to get the protections they need.

Injury2All Union to Union strategizing, 1st Friday of the Month

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Contact Us

Natalie Patrick-Knox, Jobs With Justice: natalie@jwj.org, 503-915-5701

Anita Mathias: anita@jwj.org