New York Governor Kathy Hochul Announces Initiative to Protect Undocumented Workers
NEW YORK, New York – New York Governor, Kathy Hochul , has announced a new initiative to protect undocumented immigrant workers from retaliation and removal during labor disputes.
Hochul said the New York State Department of Labor (NYSDOL) has through an inter-agency partnership with the United States Department of Homeland Security, 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 US if the worker is involved in State NYSDOL investigations.
The Governor said 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 US 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.
“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,” Hochul added.
She said 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.
She said the Worker Protection Unit will evaluate the request and render a determination within 30 days.
Separately, the Governor said 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, the Governor said.
New York State Department of Labor Commissioner Roberta Reardon said, “fear of retaliation is paralyzing for any worker, but it is especially dreadful for immigrants. At the Department of Labor, we investigate all complaints, regardless of immigration status.
US Congressman Jerry Nadler, said, “all workers deserve to be free from workplace exploitation and retaliation, and I applaud Governor Hochul’s announcement today which will help safeguard New York’s undocumented workers throughout labor investigations.
“The NYSDOL’s partnership with federal partners at DHS will bring more unscrupulous employment practices out of the darkness as workers can be assured [that] they will not face retaliation for speaking up about the conditions they face,” he said.
Another US Congressman, Adriano Espaillat, the Dominican Republic-born representative for Harlem, said, “I commend Governor Hochul on today’s announcement to reaffirm our efforts to ensure protections of undocumented workers from the threat of deportation and other forms of immigration-related retaliation during investigations of labor rights violations from dishonest employers in the state”.
In May, the Governor called on the US federal government to expedite work authorization for asylum seekers, many of whom are Venezuelans, Haitians and Cubans.
