Workplace Justice and Immigration Enforcement Shouldn't Mix

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Antonio’s employer, who owed him more than $3,000 in unpaid wages, avoided his calls. A group of volunteers from the Centro Humanitario Para Los Travajadores, a workers’ center in Denver, accompanied Antonio to meet his employer’s wage demands.

Not only was his employer aggressive, he was scared because he knew Antonio was undocumented. Employers may face legal sanctions for knowingly hiring unlicensed migrant workers, but with loopholes they can easily get away with doing so, resulting in unscrupulous hiring. The Lord gives power to blackmail the workers.

The employer came out yelling and although it was he who broke the law, he called the police and tried to prevent Antonio from approaching his home with a dunning note.

Wage theft can be criminally punishable in Colorado, but the police refused to get involved, believing the matter to be a civil dispute that did not justify police intervention. Officials suggested Antonio could simply take his employer to court. But that was exactly what he was trying to do by making wage demands on employers.

So it’s no wonder this episode encouraged employers to silence Antonio by using the authorities as weapons. As Antonio drove away, he received a threatening text message from his employer referring to his immigration status and where he lived. Antonio was concerned for his safety and his family’s safety. He was also worried that his employer would report him to immigration.

Using immigration status to intimidate workers is an illegal form of retaliation to assert rights under both federal and state employment laws. However, even if the Immigration Bureau responds to the information provided by the employer, it does not stop the deportation process.

It’s time for the government to decouple immigration law enforcement from workplace justice. The Department of Homeland Security recognized in its October 2021 memorandum that it is calling on various government agencies to work together to protect immigrants who advocate for workplace rights. Recognizing that the threat of immigration law enforcement unduly deters exploited workers from reporting workplace abuses, the ministry said it would halt mass raids and end workplace abuses. It recommended guidance to reduce witness fear of reporting and to develop forms of immigration relief for workers who have experienced or witnessed a workplace. Exploit and cooperate with law enforcement.

But more than a year later, the Department of Homeland Security has yet to issue clear guidelines explaining how workers can protect themselves from immigration influence when defending their workplace rights. On November 17, more than 300 worker-focused organizations, including Jobs with Justice and Towards Justice, wrote to Homeland Security Secretary Alejandro Mayorkas to provide immediate written guidance clarifying the process to: asked to publish. Workers with precarious immigration status who are victims or witnesses of workplace exploitation may seek prosecutorial discretion, including adjourned litigation or parole, or other forms of immigration relief.

Meanwhile, in the absence of clarity, employers continue to silence illegal workers and avoid exploitative workplace practices. Migrant workers still face significant risks if they report abuse. Employers like Antonio continue to be relatively impunity, giving unscrupulous employers an unfair competitive advantage over other employers who act by the rules.

Workers’ centers that organize migrant workers, fight for better wages and working conditions, and prevent exploitation cannot ensure that moving forward does not pose particular risks, as in Antonio’s case. , is limited. Moreover, when the most vulnerable are afraid to report violations at work, this lowers wages and worsens working conditions for all of us.

Antonio tried to defend his rights, but without protection from deportation, he could not protect himself from reprisals. A clear process for accessing prosecutorial discretion when involved in a labor dispute would motivate workers like Antonio to defend their rights, cooperate with law enforcement, and discourage bad employers. It also helps law enforcement identify serious abuses that are now protected by the power dynamics that silence workers.

In Denver, the City Council also has an opportunity to support local workers by amending Chapter 58 of the Denver Revised City Code. The proposed wage theft ordinance, introduced by a coalition of trade unions, Towards Justice and Colorado Jobs with Justice, expands the powers of Denver Labor, a division of the audit firm, to a range of parties who profit from their labor. Expand responsibility. Subcontractor Violations. The bill would help prevent wage theft and unfair competition while helping workers like Antonio regain their legally earned wages.

Sofia Solano of Denver is the organizational director of Colorado Jobs with Justice.