WHD Ensuring Proper Wages in the Workplace

NTA Policy Rescission

Description of Idea :

Justice at Work urges the Department of Labor to support rescission of the 2018 Policy Memorandum issued by the Department of Homeland Security that authorizes foreign nationals to be placed in removal proceedings based on a denial of certain immigration applications, including T and U visas. This policy harms survivors of trafficking and victims of crime by making them more afraid to come forward and apply for immigration benefits created specifically to protect them. The policy also undermines the ability of law enforcement agencies such as DOL to identify, investigate and prosecute crimes within its jurisdictional scope due to the policy's significant and widespread chilling effect on immigrant crime victims. Justice at Work has witnessed this chilling effect first hand with its clients. For example, we recently advised a client that we believed he had a strong T visa application based on his trafficking experience with an H-2A labor contractor. However, the client was very fearful that he could be placed into removal proceedings and deported if his application was denied. He ultimately decided not to apply for T nonimmigrant status and opted not to report his trafficking to DOL as a direct result of his concerns about removal, thereby depriving DOL of valuable information about the criminal acts of a labor contractor participating in the H2A program.

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Idea No. 152