Revised Memorandum of Understanding between the Departments of Homeland Security and 

Labor Concerning Enforcement Activities at Worksites 

I. Purpose 

This revised memorandum of understanding (MOU) is entered into by the Department of Homeland 

Security (OHS) and the Department of Labor (DOL). Its purpose is to set forth the ways in which the 

Departments will work together to ensure that their respective civil worksite enforcement activities 

do not conflict and to advance the mission of each Department. 

In entering this MOU, both Departments recognize the importance of enforcing labor and 

immigration laws relating to the worksite. Effective enforcement of labor law is essential to ensure 

proper wages and working conditions for all covered workers regardless of immigration status. 

Effective enforcement of immigration law is essential to protect the employment rights of lawful 

U.S. workers, whether citizen or non-citizen, and to reduce the incentive for illegal migration to the 

United States. The parties further recognize that effective enforcement of both labor- and 

immigration-related worksite laws requires that the enforcement process be insulated from 

inappropriate manipulation by other parties. 

II. Affected Components within the Departments 

The principal and responsible parties to this MOU are the following components within each 

Department. On behalf of the Department of Homeland Security, the principal component is U.S. 

Immigration and Customs Enforcement (ICE). On behalf of the Department of Labor, the principal 

components are the Wage and Hour Division (WHO), the Office of Federal Contract Compliance 

Programs (OFCCP), and the Occupational Safety and Health Administration (OSHA). 

Ill. Definitions and Understandings 

For purposes of this MOUA. A "labor dispute" means a labor-related dispute between the employees of a business or 

organization and the management or ownership of the business or organization concerning 

the following employee rights: 

o the right to be paid the minimum legal wage, a promised or contracted wage, and 

overtime; 

o the right to receive family medical leave and employee benefits to which one is legally 

entitled; 

o the right to have a safe workplace and to receive compensation for work-related 

injuries; 

o the right to be free from unlawful discrimination; and, 

o the right to be free from retaliation for seeking to enforce the above rights. 
B. The worksite enforcement activities of OHS include the civil authorities of ICE to inspect 

Forms 1-9, to investigate, to search, to fine, and to make civil arrests for violations of the 

immigration laws relating to the employment of aliens without work authorization. They do 

not include any of ICE's criminal authorities. 

C. The worksite enforcement activities of DOL include the authority of WHO, OFCCP, and OSHA 

to enforce the requirements of the labor laws under their jurisdiction, including the relevant 

provisions of the Fair Labor Standards Act, Family and Medical Leave Act, the Migrant 

Seasonal Worker Protection Act, the Davis Bacon and Related Acts, the Service Contract Act, 

Executive Order 11246, the Occupational Safety and Health Act, the Vietnam Era Veterans' 

Readjustment Assistance Act, and Section 503 of the Rehabilitation Act of 1973. 

IV. Coordination and Deconfliction 

ICE and the principal DOL components agree to the following commitments and exchanges in order 

to ensure coordination and deconfliction of their respective civil enforcement activities. 

A. Except as noted in paragraph C, ICE agrees to refrain from engaging in civil worksite 

enforcement activities at a worksite that is the subject of an existing DOL investigation of a 

labor dispute during the pendency of the DOL investigation and any related proceeding. 

ICE will continue its existing practice of assessing whether tips and leads it receives 

concerning worksite enforcement involve a worksite with a pending labor dispute. DOL 

agrees to assist ICE's efforts under this paragraph by providing ICE with timely and accurate 

information to allow for identification of overlapping enforcement activity. 

B. ICE further agrees to be alert to and thwart attempts by other parties to manipulate its 

worksite enforcement activities for illicit or improper purposes. ICE will continue its 

existing practice of assessing whether tips and leads it receives concerning worksite 

enforcement are motivated by an improper desire to manipulate a pending labor dispute, 

retaliate against employees for exercising labor rights, or otherwise frustrate the 

enforcement of labor laws. DOL agrees to assist ICE's efforts under this paragraph by 

informing ICE of information DOL may have that other parties seek to manipulate a pending 

labor dispute, retaliate against employees for exercising labor rights, or otherwise frustrate 

the enforcement of labor laws. 

C. Notwithstanding paragraph A, ICE may engage in worksite enforcement activities at a 

worksite that is the subject of a pending labor dispute if-

• the Director or Deputy Director of ICE determines the enforcement activity is 

independently necessary to advance an investigation relating to national security, the 

protection of critical infrastructure (e.g., ports, power plants, or defense facilities), or a 

federal crime other than a violation relating to unauthorized employment; 

• the enforcement activity is directed by the Secretary of Homeland Security; or, 
• the enforcement activity is requested by the Secretary of Labor, the Solicitor of Labor, or 

another Department of Labor official designated by the Secretary of Labor. 

D. In those instances in which ICE decides to engage in a worksite enforcement activity under 

paragraph C, ICE agrees to provide DOL notice unless the Director or Deputy Director of ICE 

determines that notice would violate federal law or would otherwise compromise the ICE 

investigation. ICE further agrees to make available for interview to DOL any person ICE 

detains for removal through a worksite enforcement activity conducted under paragraph C, 

provided the interview is consistent with federal and state law, would not compromise an 

ongoing ICE investigation or prosecution, and is approved by the relevant U.S. Attorney's 

Office. DOL agrees that any DOL interview conducted under this paragraph shall be at DOL's 

expense and shall not interfere with or delay removal proceedings except as provided in 

paragraph F below. 

E. Unless specifically agreed to by both DOL and ICE, ICE and the DOL components covered by 

this MOU will not conduct joint or coordinated civil enforcement activities at a worksite. 

F. ICE agrees to consider DOL requests that ICE grant a temporary law enforcement parole or 

deferred action to any witness needed for a DOL investigation of a labor dispute during the 

pendency of the DOL investigation and any related proceeding where such witness is in the 

country unlawfully. DOL agrees to provide ICE all needed information for ICE to consider 

the request and understands that any parole or deferred action ICE may grant will ordinarily 

terminate upon the completion of DOL's investigation and any related proceeding. DOL 

further agrees to inform ICE on a periodic basis determined by ICE and DOL whether parole 

or deferred action for a given witness is still needed and to assist ICE with any monitoring or 

supervision of the witness. ICE and DOL retain full worksite enforcement authorities (as 

identified in Section Ill) to seek a visa or other remedy for a DOL witness during the 

pendency of a DOL investigation and any related proceeding. 

G. Under no circumstances will ICE personnel engaged in enforcement activities at a worksite 

suggest that they represent or act for DOL absent the express approval of DOL. Similarly, 

under no circumstances will DOL personnel engaged in enforcement activities at a worksite 

suggest that they represent or act for ICE absent the express approval of ICE. 

H. ICE and DOL agree to create a joint Worksite Enforcement Coordination Committee to 

review the implementation of this MOU, resolve any disputes, work in partnership as cases 

arise, and deconflict civil enforcement activities. This committee shall meet each quarter 

unless the parties determine otherwise. Any disputes concerning the implementation of 

this MOU that cannot be resolved by the committee shall be resolved by the Deputy 

Director of ICE and the relevant Deputy Assistant Secretary or equivalent designated by 

DOL. 

I. ICE and DOL agree to create a means to exchange information to foster enforcement 

against abusive employment practices directed against workers regardless of status. ICE 

agrees to develop a means to refer to DOL information concerning violations of DOL's civil 

worksite authorities described in section Ill of this MOU. DOL agrees to develop a means to 
refer to ICE information concerning ICE's criminal worksite authorities relating to human 

smuggling and trafficking; child exploitation; and extortion or forced labor. 

J. ICE and DOL agree to ensure that this MOU is disseminated and implemented within ICE and 

DOL through appropriate implementation instructions, employee notification, and training. 

K. ICE and DOL agree to seek each other's approval before issuing press releases that mention 

each other's enforcement activities. 

L. ICE and DOL agree to keep confidential information shared pursuant to section IV(A) of this 

MOU. 

V. Effective Date 

A. This MOU is effective upon signature and valid until rescinded by either ICE or DOL subject 

to Section V (B). ICE and DOL agree, however, to assess the terms and effectiveness of this 

MOU one year from the date of signing and to consider whether modifications or additions 

are needed. 

B. This MOU reflects the full understanding between ICE and DOL on this subject and may not 

be modified without ICE and DOL's consent. Both ICE and the relevant DOL components 

may unilaterally rescind their participation in the MOU but only upon written notice to all 

other signatories provided at least 60 days in advance. 

C. This MOU voids and supersedes all previous MOUs on this subject between ICE (including its 

predecessor, the Immigration and Naturalization Service) and DOL. 

D. This MOU is an agreement between DHS and DOL, and does not create or confer any right 

or benefit on any other person or party, public or private. Nothing in this MOU or its 

implementation is intended to restrict the legal authority of ICE or the relevant DOL 

components in any way. 

For the Department of Homeland Security 

M

S

D

John Morton 

Director 

U.S. Immigration and Customs Enforcement 

Department of Homeland Security 

MAR 31 2011 

For the Department of Labor 

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. Patricia Smith 

olicitor of Labor 

epartment of Labor 

MAR 31 2011