Workers Rights on ICE: What California Can Do to Stop Retaliation and Advance Immigrant Workers Rights

Similar documents
KNOW YOUR RIGHTS. A Guide for California Employers - 1 -

Selected CA Laws that Impact Undocumented Students and Immigrants

Broken Laws, Unprotected Workers Violations of Employment and Labor Laws in America s Cities

Recommendations regarding the Los Angeles Sheriff s Department s Collaboration with Immigration Enforcement

ASSEMBLY BILL No. 450

Know your rights. as an immigrant

SUPPORTING IMMIGRANT FAMILIES AND THEIR CHILDREN

Know your rights. as an immigrant

California Law and Immigration. Taking matters into our own hands one bill at a time!

Undocumented Worker In California Can Sue His Employer's Attorney For Trying To Get Him Deported In Retaliation For His Wage-And-Hour Claims.

Immigration Compliance

Broken Laws, Workers. etaliation orkers comp. and Labor Laws in America s Cities

Immigration Law Compliance Understanding and Minimizing Liability Risks

WHAT THIS NOTICE CONTAINS. BASIC INFORMATION... Page 2. WHO IS IN THE CLASS SETTLEMENT... Page 2. THE SETTLEMENT BENEFITS WHAT YOU GET...

Legal Update. Fire Districts Association of California (FDAC) 2017 Annual Conference April 5, 2017

THE CALIFORNIA STATE UNIVERSITY

Grants approved in the second quarter of 2017 Allied Media Project, Inc.

Forging Pathways to Health Care Coverage for Undocumented Immigrants in California

INTRODUCTION TO EMPLOYMENT IMMIGRATION ISSUES

The Field Poll, (415) The California Endowment, (213)

Deportations and Detentions

) ) ) ) ) ) ) ) ) LEGAL SERVICES PROVIDERS AMICI CURIAE BRIEF

I-9 Verification Process & Compliance

Securing Economic Opportunity for All Women 2018 Legislative Agenda

County of Santa Clara Office of the District Attorney

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

I-9 Audits and Workers Rights. Weinberg, Roger & Rosenfeld Monica Guizar, Attorney

Immigration Violations

Senate Bill 10 California Money Bail Reform Act of 2017 As Amended September 6, 2017

23 illegal alien workers for The Sun Valley Group arrested in. Enforcement action at Arcata flower grower is part of ongoing ICE investigation

IMMIGRATION UPDATE FOR DAIRY PRODUCERS

Employer Sanctions Can Help Halt the Tide of Illegal Immigration

Employee Rights and Employer Responsibilities in a New Era of Criminal Background Checks for Employment

2010 Gibbs, Giden, Locher, Turner & Senet LLP - All Rights Reserved

Part I: Where are we today?

NAVIGATE THE I-9 RULES LIKE A VIKING TO AVOID SINKING YOUR BUSINESS IN LAWSUITS AND PENALTIES

ICE Scheduled Departure

Ramifications of Fraud

IMMIGRATION and THE HORSERACING INDUSTRY

I-9 Employment Eligibility Verification & Employer Compliance in an Era of Heightened Worksite Enforcement

UNANSWERED QUESTIONS: The Los Angeles Sheriff s Proposed Implementation of ICE s Priority Enforcement Program. September 29, 2015

Enforcement of a $15 Minimum Wage in Minneapolis Requires Strategic Community Partnerships

Immigrant Integration and Local Communities In the United States

JONES & MAYER Attorneys at Law CLIENT ALERT MEMORANDUM

California Witness Relocation & Assistance Program

MISPLACED PRIORITIES: SB90 & THE COSTS TO LOCAL COMMUNITIES

Case3:15-cv Document1 Filed01/09/15 Page1 of 16

County of Santa Clara Office of the County Executive. DATE: November 7, Board of Supervisors. David Campos, Deputy County Executive

Know Your Rights: Important Information for Immigrant-Service Agencies

UNDOCUMENTED AMERICANS CARLOS ADOLFO GONZALEZ

Frequently Requested Information and Records December 2014 Cumulative Supplement

3:35 PM -4:25 PM Workplace Immigration Policy under the Current Administration

CHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations

Case 2:10-cv SJF -ETB Document 16 Filed 09/20/10 Page 1 of 9

Immigration-Related Worksite Enforcement: Performance Measures

EDUCATING ABOUT IMMIGRATION Special Order 40

Humanitarian Visas for Victims of Workplace Crimes

Promoting Trusting Relationships between Law Enforcement and Immigrant Communities

THE STATE OF THE UNIONS IN 2007: A PROFILE OF UNION MEMBERSHIP IN LOS ANGELES, CALIFORNIA AND THE NATION 1

Enforcement in the Workplace: Challenges, Past and Present

Are Your Clients in Compliance?

Assessing the Impact of the Supreme Court s Decision in Hoffman Plastic Compounds v. NLRB on Immigrant Workers and Recent Developments

WAGE THEFT. Presented To: Texas Labor & Employee Relations Consortium. Presented By: GARY L. INGRAM JACKSON WALKER L.L.P

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

Subject: Resolution No A1 Undocumented, Unafraid and United Students Resolution

Case 2:15-cv PA-AJW Document 1 Filed 01/02/15 Page 1 of 11 Page ID #:1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Deadline.

LOS ANGELES UNIFIED SCHOOL DISTRICT Specially Funded & Parent/Community Programs Division EDUCATION CODES

The Children s Partnership

State v. Abdullahi Noor. Starts with 911 call

Who is This Guide For? People working at local health agencies who are looking to protect and support undocumented residents and their families.

Orange County Sheriff s s Department Partnership with Department of Homeland Security. Progress Report on the 287(g) Cross- Designation Program

Executive Summary. political and economic violence, and to expand their opportunities in life. The dramatic

Preparedness Kit. Deportation. What to Do, Who to Call, How to Safeguard your Family

Plaintiff Peter Alexander ( Plaintiff ), individually and on behalf of all others similarly

Intersection of Immigration Practice with other Areas of Law

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO. Defendant I N F O R M A T I O N S U M M A R Y

Kevin Lashus FisherBroyles, LLP Austin, TX. Copyright FisherBroyles, LLP

The Anti-Immigrant Backlash Post 9/11. Mary Romero Professor, School of Justice and Social Inquiry Arizona State University

Co-Sponsor and Support Swift Passage of the Raise the Wage Act

United States Equal Employment Opportunity Commission

ICE. I.C.E. Under D.H.S. Customs and INS Investigations DRO

The Aftermath of Hurricane Sandy and Hurricane Katrina: Day Laborers Fighting for their Rights

SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) Fax: (916) SB 54 THIRD READING

E-Verify, I-9 Compliance and Worksite Enforcement: An Essential Primer for All Employers

Case 3:17-cv WHO Document 71-1 Filed 03/22/17 Page 1 of 18

Health Coverage and Care for Undocumented Immigrants

BUILDING TRUST WITH COMMUNITIES, UPHOLDING DUE PROCESS SUPERVISING ATTORNEY IMMIGRANT LEGAL RESOURCE CENTER SEPTEMBER 2015

Tool 3: Conducting Interviews with Managers

January 8, The Honorable Barack Obama The White House 1600 Pennsylvania Avenue NW Washington, DC Dear President Obama:

Navigating the Complexities of Expunging Records for Immigrant Clients

THE STATE OF THE UNIONS IN 2011: A PROFILE OF UNION MEMBERSHIP IN LOS ANGELES, CALIFORNIA AND THE NATION 1

JURISDICTION AND VENUE

All committees meet in the Dumke Auditorium unless otherwise noted.

Bowie Police Department - General Orders

Frederick Warren Strasser Join the Immigration Law Group at EBG. Electronic System for Travel Authorization Is Mandatory January 12, 2009

Undocumented Students: Their Hopes, Their Fears, Their Reality. Barbara St. Urbain

WHERE IS THE FIRE? IMMIGRANTS AND CRIME IN CALIFORNIA. Barry Krisberg With the assistance of Veronica Smith

Unafraid Educators in the New Administration Supporting Undocumented Students and Families. TinyUrl.com/SupportImmigrantStudents

The Legislature will be on recess until returning in mid-august to pass bills before the September 15 th deadline.

June 17, Dear Representative:

Transcription:

Workers Rights on ICE: What California Can Do to Stop Retaliation and Advance Immigrant Workers Rights California State Assembly Labor Committee Is California Doing Enough To Protect Immigrant Workers from Retaliation? March 6, 2013 Eunice Cho Staff Attorney Oakland, California (510) 663-5707 echo@nelp.org

The Face of Unfair Retaliation: Immigrant Workers Winnetka, CA (2013) After day laborer Hector Nolasco, requested his full day s pay, his employer falsely reported him to the police. Nolasco was arrested, put in jail, and faces an immigration hold. He is still in custody. Photo: NDLON

Profile of Immigrant Workers in California 10 million immigrants live in California Estimated 2.6 million people, or 7% of Californians, are undocumented 1 in 10 workers in California is undocumented (1.85 million workers) Source: Pew Hispanic Center, Unauthorized Immigrant Population: National and State Trends (2011)

Profile of Immigrant Workers in California Low-wage immigrant workers in agriculture, construction, manufacturing, service industries 76% of undocumented workers surveyed worked off the clock without pay; 85% did not receive overtime 29% of CA workers killed in industrial accidents are immigrants Source: Public Policy Institute of California, At Issue: Illegal Immigration (2011); Ruth Milkman et al., Wage Theft and Workplace Violations in Los Angeles: The Failure of Employment and Labor Law for Low Wage Workers (2010); AFL-CIO, Immigrant Workers at Risk: The Urgent Need for Improved Workplace Safety and Health Policies and Programs (2005)

California Protections for Immigrant Workers California SB 1818: immigration status is irrelevant for purposes of enforcing state labor and employment laws Cal. Lab. Code 1171.5; Cal. Civ. Code 3339; Cal. Gov. Code 7285; Cal. Health & Safety Code 24000.

Retaliation Against Immigrant Workers 1) Employers call local police, leading to deportation proceedings, due to expansion of immigration enforcement at local level. 2) Employers threaten to or call ICE directly. 3) Employers self-audit by re-verifying workforce during labor dispute. 4) Employers use E-Verify in retaliatory fashion.

The Face of Unfair Retaliation: Immigrant Workers Garden Grove, CA (2012) After Jose Ucelo Gonzalez, a day laborer, requested his day s pay, his employer refused, and filed a false police report for robbery, leading to his arrest. An ICE hold was placed on Gonzalez, which led to deportation proceedings. San Jose, CA (2013) After California Labor Commissioner found that an employer owed an immigrant worker over $50,000 for unpaid wages, employer visited the worker s home multiple times, harassed him, and threatened to call ICE. Photo: Courtesy NDLON, Casa Latina

The Face of Unfair Retaliation: Immigrant Workers Expansion of immigration enforcement allows employers to call police and falsely accuse workers of crimes, leading to deportation proceedings. Immigrant workers end up in ICE custody and deportation proceedings due to immigration holds under Secure Communities. ICE deported 90,092 Californians between 2008-2012 under Secure Communities; 56 % had no prior criminal record, or very minor offenses. Source: U.S. ICE, Secure Communities, Monthly Statistics Through December 31, 2012 (2013). Photo: Courtesy NDLON

Retaliation Against Immigrant Workers San Francisco Bay Area (2012) Employer announces that it will join the voluntary E-Verify program after workers try to organize a union. Pomona, CA (2011) Workers who try to organize a union are fired after employer decides to re-verify their work authorization documents. Photo: David Bacon, UNITE HERE.

Retaliation Against Immigrant Workers Employers threatened to call ICE in: 50% of organizing campaigns with majority undocumented workers 41% of organizing campaigns with majority recent immigrants Source: Michael Wishnie, The Border Crossed Us: Current Issues in Immigrant Labor, 28 NYU Rev. L. & Soc. Change 389, 391 (2004). Based on survey between 1999-2003. Photo: David Bacon.

Retaliation Against Immigrant Workers Employers improperly conduct I-9 self-audits after employees file workplacebased complaints or in midst of labor dispute. Employers misuse enrollment in E-Verify to intimidate or retaliate against workers. [AB 1236]

Next Steps: How Can California Protect Immigrant Workers from Unfair Retaliation? Legislative Action: Strengthen California s protections against employer retaliation. Increase resources for state labor agencies to fight employer retaliation. Pass the TRUST Act. Prohibit threats to report a worker s immigration status.

Next Steps: How Can California Protect Immigrant Workers from Unfair Retaliation? Administrative Action: Strengthen CA DFEH and CA DLSE U visa certification protocol. Establish a strike force to fight employer retaliation. Reinforce the firewall between immigration and labor law enforcement.