U.S. Department Of Homeland Security To End Worksite Immigration Actions

On October 12, U.S. Secretary of Homeland Security Alejandro Mayorkas announced that he had directed his department to end worksite immigration enforcement raids, expand protections for exploited immigrant workers, and focus enforcement on employers “who exploit the vulnerability of undocumented workers.” Secretary Mayorkas argued, “Unscrupulous employers create an unfair labor market … They also unfairly drive down their costs and disadvantage their business competitors who abide by the law.”

In a memorandum, the secretary directed Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, and Customs and Border Protection to “develop and update” policies to support enforcement of labor violations, including by targeting its enforcement efforts on abusive employers and using “prosecutorial discretion” to protect vulnerable workers.

Going forward, the memo said DHS enforcement policies will focus on:

• Delivering more severe consequences to exploitative employers and their agents;
• Increasing the willingness of workers to report violations of law; and
• Broadening mechanisms for coordination with federal and state labor agencies.

Additionally, the secretary asked DHS subagencies to propose:

• Policies that have an impact on DHS’ role in supporting the enforcement of employment and labor standards;
• Ways to alleviate or mitigate fears that victims and witnesses of labor trafficking and exploitation have with regard to participating in workplace investigations and prosecutions; and
• Policies to ensure E-Verify isn’t abused or misused to suppress reporting of unlawful labor practices.

The recommendations are due within 60 days. Stay tuned to Connecting the Dots as these policies develop and are implemented.