DALLAS — The unemployment rate rose at the end of August and organizations in North Texas are concerned about labor abuse for employees who are not legally authorized to work in the U.S.
“Any worker, whether you’re documented or an undocumented immigrant or native born, you have the same labor rights,” said Sean Goldhammer, director of employment and legal services at Workers Defense Project. “If someone’s labor rights are being abused, it affects all of us.”
North Texas organizations are asking the Biden administration to act and provide guidelines to a Memorandum of Understanding signed in 2016 by the Department of Homeland Security, U.S. Immigration and Customs Enforcement and the Department of Labor.
“It says that when there’s confliction between the Department of Labor, labor enforcement and the Department of Homeland Security in immigration enforcement, that labor enforcement should really win out,” said Goldhammer.
Felipe Marco says often employers instill fear in employees who are not legally allowed to work in the U.S.
“It’s important that the president passes workers reform where it helps all workers have improved safety on the job,” Marco said in Spanish.
The Workers Defense Project signed a petition asking President Biden to issue an executive order for Deferred Action Labor Enforcement or D.A.L.E. Goldhammer explains that this would reassure individuals speak out about labor abuse.
The executive order, if signed, would issue a temporary protection while an individual’s labor abuse claim is pursued.
The organization is working with the first case in Texas where the manager of a group of former construction employees used intimidation and fear tactics to not pay them.
“This employer had made threats around immigrations and calling I.C.E. before, so the workers were really afraid that they could face some sort of immigration consequence for just defending their right to be paid,” Goldhammer explained.
Although a memorandum of understanding was signed by D.H.S., I.C.E. and the Department of Labor, it does not provide any type of immigration status for employees.
“D.A.L.E. is about is broadening who can get protection beyond the U visa and T visa or Violence Against Women Act so that any worker who has a labor claim can at least get temporary protection while they pursue their claims,” Goldhammer said.