[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1828 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1828
To protect victims of crime or serious labor violations from removal
during Department of Homeland Security enforcement actions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2023
Ms. Chu (for herself, Mr. Scott of Virginia, Ms. Titus, Ms. Barragan,
Mrs. Napolitano, Mr. Davis of Illinois, Ms. Jayapal, Ms. Schakowsky,
Mr. Grijalva, Mr. McGovern, Mr. Casar, Ms. Tlaib, Ms. McCollum, Mr.
Garcia of Illinois, and Ms. Norton) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect victims of crime or serious labor violations from removal
during Department of Homeland Security enforcement actions, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by striking subclause (I) and inserting the
following:
``(I) the alien--
``(aa) has suffered substantial
physical, emotional, or mental abuse or
harm as a result of having been a
victim of criminal activity described
in clause (iii);
``(bb) has suffered substantial
physical, emotional, or mental abuse or
harm related to a violation described
in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor (including the
Occupational Safety and Health Administration),
to the National Labor Relations Board, to the
head official of a State or local government
department of labor, workforce commission, or
human relations commission or council'';
(ii) by striking ``investigating or
prosecuting'' and inserting ``investigating,
prosecuting, or seeking civil remedies for'';
and
(iii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(bb) a workplace claim described in clause (iv) resulting
from a labor or employment violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien has filed, is a
material witness in, or is likely to be helpful in the
investigation of, a bona fide workplace claim (as
defined in section 274A(e)(10)(B)(iii)(II)); or''.
(b) Temporary Protection for Injured Workers and Victims of Crime,
Labor, and Employment Violations.--Notwithstanding any other provision
of law, the Secretary of Homeland Security may permit an alien to
temporarily remain in the United States, shall not remove the alien
from the United States during the permitted period, and shall provide
the alien with the alien employment authorization, if the Secretary
determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or
section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b) of this Act) or has
filed, or is a material witness to, a civil claim arising from
criminal activity (as defined in section
274A(e)(10)(B)(iii)(III) of such Act); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor, including the
Occupational Safety and Health Administration;
(vii) the National Labor Relations Board;
(viii) the head official of a State or local
government department of labor, workforce commission,
or human relations commission or council; or
(ix) other Federal, State, or local authorities; or
(3) has filed a workers' compensation claim or is
undergoing treatment for a workplace injury or illness.
(c) Requirements Applicable to U Visas.--Section 214(p) of the
Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) by striking paragraph (2); and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended
by inserting ``or an investigation or prosecution regarding a workplace
claim'' after ``prosecution''.
(e) Adjustment of Status and Fees.--Section 245(l)(7) of the
Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended by
striking ``permit aliens to apply for a waiver of'' and inserting ``not
require the payment of any''.
(f) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F), by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
(g) Confidentiality of Information.--Section 384(b)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(b)(2)) is amended by adding at the end the following:
``However, neither the Secretary of Homeland Security nor the
Attorney General may use the information furnished pursuant to
any application under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27), 101(a)(51), 106, 240A(b)(2), or 244(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T);
1101(a)(15)(U); 1101(a)(27); 1101(a)(51); 1105a; 1229b(b)(2);
1254a(a)), or section 107(b)(1)(E)(i)(II)(bb) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or
carrying out a removal proceeding.''.
SEC. 3. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Secretary of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department of Homeland
Security in retaliation against employees for
exercising their rights related to a workplace claim,
the Secretary shall ensure that--
``(i) any aliens arrested or detained who
are victims of or material witnesses to
workplace claim violations or criminal activity
(as described in subparagraph (T) or (U) of
section 101(a)(15)) are not removed from the
United States until after the Secretary--
``(I) notifies the appropriate
agency with jurisdiction over such
violations or criminal activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim or civil claim
arising from criminal activity, or who has
filed for relief under section 101(a)(15)(U),
shall be entitled to a stay of removal or an
abeyance of removal proceedings and to
employment authorization until the resolution
of the workplace claim or the denial of relief
under section 101(a)(15)(U) after exhaustion of
administrative or judicial appeals, whichever
is later.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative or judicial appeals, and shall
be extended by the Secretary of Homeland
Security for a period of not longer than 10
additional years upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim or
civil claim arising from criminal
activity, or assisting in investigation
or prosecution of criminal activity, to
pursue the matter to resolution,
according to any agency administering
any statute underlying these claims or
any other credible evidence;
``(II) the deterrent goals of any
statute underlying a workplace claim,
criminal activity, or civil claim
arising from criminal activity would be
served, according to any agency
administering such a statute or any
other credible evidence; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the claim or from the
presiding officer overseeing the claim
attesting that, to the best of the
declarant's knowledge and belief,
reasonable cause exists to believe that
the testimony of the individual will be
relevant to the outcome of the
workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the workplace injury or
illness or to the violation of
applicable Federal, State, and local
labor laws, including laws concerning
wages and hours, labor relations,
family and medical leave, occupational
health and safety, civil rights, or
nondiscrimination.
``(III) Civil claim arising from
criminal activity.--The term `civil
claim arising from criminal activity'
means any written or oral claim,
charge, complaint, or grievance filed
with, communicated to, or submitted to
a Federal, State, or local agency or
court related to the violation of
applicable Federal, State, and local
laws arising from criminal activity
described in section
101(a)(15)(U)(iii).''.
(c) Continued Application of Workforce and Labor Protection
Remedies.--Section 274A(e) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)), as amended by subsection (b), is further amended by
adding at the end the following:
``(11) Rights, remedies, and relief.--Notwithstanding an
employee's status as an unauthorized noncitizen during the time
of relevant employment or during the back pay period or the
failure of the employer or employee to comply with the
requirements under this section or with any other provision of
Federal law relating to the unlawful employment of
noncitizens--
``(A) all rights, remedies, and relief provided
under any Federal, State, or local law relating to
workplace rights, including reinstatement and back pay,
are available to such employee; and
``(B) a court may not prohibit such an employee
from pursuing other causes of action giving rise to
liability in a civil action.''.
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