Golden State Today

California Attorney General Rob Bonta has joined a multistate coalition urging the U.S. Department of Homeland Security (DHS) to delay immigration enforcement action for workers participating in labor violation investigations. Currently, workers can apply to DHS for deferred action for two years if they are victims of, or witnesses to, alleged workplace violations being investigated or prosecuted by the government.

In a letter to the DHS Deferred Action Program, Attorney General Bonta argued that extending the deferred action period to four years would significantly aid in securing witness cooperation. "Regardless of immigration status, workers who have witnessed or been the victims of labor violations should be protected. We can’t protect workers if people are afraid to report labor violations," said Attorney General Bonta. "I urge DHS to extend the deferred action period so the program is more effective in reducing worker reticence to assist labor enforcement and protections are more meaningful."

In January 2023, DHS announced a new initiative allowing noncitizen victims of or witnesses to workplace violations to request expedited deferred action from potential immigration enforcement. The program aims to support labor enforcement efforts by attempting to remove barriers preventing workers from filing complaints or offering information.

The coalition's letter requests that DHS extend the deferred action protection period from its current two-year duration to four years. The limited duration means some workers' protections may expire during investigations, leaving them vulnerable and hesitant to cooperate with enforcement actions.

Attorney General Bonta joins attorneys general from Illinois, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and the District of Columbia in submitting this comment letter. They were also joined by several state and local labor enforcement agencies including the Seattle Office of Labor Standards and various California labor organizations.

The letter is available here.