I 

115TH CONGRESS 

2D SESSION H. R. 5908 

To protect victims of crime or serious labor violations from removal during 

Department of Homeland Security enforcement actions, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2018 

Ms. JUDY CHU of California (for herself, Mr. SCOTT of Virginia, Ms. LOFGREN, Ms. ROYBAL-ALLARD, Mr. ESPAILLAT, Mr. CICILLINE, and Ms. 

NORTON) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To protect victims of crime or serious labor violations from 

removal during Department of Homeland Security enforcement actions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Our Workers 

5 from Exploitation and Retaliation Act’’ or the ‘‘POWER 

6 Act’’. 


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1 SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 

2 VIOLATIONS OR CRIME. 

3 (a) PROTECTION FOR VICTIMS OF LABOR AND EM4 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1101(a)(15)(U)) is amended— 

7 (1) in clause (i)— 

8 (A) by amending subclause (I) to read as 

9 follows: 

10 ‘‘(I) the alien— 

11 ‘‘(aa) has suffered substantial 

12 abuse or harm as a result of having 

13 been a victim of criminal activity de14 scribed in clause (iii); 

15 ‘‘(bb) has suffered substantial 

16 abuse or harm related to a violation 

17 described in clause (iv); 

18 ‘‘(cc) is a victim of criminal ac19 tivity described in clause (iii) and 

20 would suffer extreme hardship upon 

21 removal; or 

22 ‘‘(dd) has suffered a violation de23 scribed in clause (iv) and would suffer 

24 extreme hardship upon removal;’’; 

25 (B) in subclause (II), by inserting ‘‘, or a 

26 labor or employment violation resulting in a 


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1 workplace claim described in clause (iv)’’ before 

2 the semicolon at the end; 

3 (C) in subclause (III)— 

4 (i) by striking ‘‘or State judge, to the 

5 Service’’ and inserting ‘‘, State, or local 

6 judge, to the Department of Homeland Se7 curity, to the Equal Employment Oppor8 tunity Commission, to the Department of 

9 Labor, to the National Labor Relations 

10 Board’’; and 

11 (ii) by inserting ‘‘, or investigating, 

12 prosecuting, or seeking civil remedies for a 

13 labor or employment violation related to a 

14 workplace claim described in clause (iv)’’ 

15 before the semicolon at the end; and 

16 (D) in subclause (IV)— 

17 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 

18 and 

19 (ii) by adding at the end the fol20 lowing: ‘‘or 

21 ‘‘(bb) a workplace claim described in 

22 clause (iv) resulted from a labor or employ23 ment violation;’’; 

24 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

25 end; 


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1 (3) in clause (iii), by striking ‘‘or’’ at the end 

2 and inserting ‘‘and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(iv) in the labor or employment violation 

5 related to a workplace claim, the alien— 

6 ‘‘(I) has filed, is a material witness in, 

7 or is likely to be helpful in the investiga8 tion of, a bona fide workplace claim (as de9 fined in section 274A(e)(10)(C)(iii)(II)); 

10 and 

11 ‘‘(II) reasonably fears, has been 

12 threatened with, or has been the victim of, 

13 an action involving force, physical re14 straint, retaliation, or abuse of the immi15 gration or other legal process against the 

16 alien or another person by the employer in 

17 relation to acts underlying the workplace 

18 claim or related to the filing of the work19 place claim; or’’. 

20 (b) TEMPORARY PROTECTION FOR VICTIMS OF

21 CRIME, LABOR, AND EMPLOYMENT VIOLATIONS.—Not22 withstanding any other provision of law, the Secretary of 

23 Homeland Security may permit an alien to temporarily re24 main in the United States and grant the alien employment 

25 authorization if the Secretary determines that the alien— 


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1 (1) has filed for relief under section 

2 101(a)(15)(U) of the Immigration and Nationality 

3 Act (8 U.S.C. 1101(a)(15)(U)); or 

4 (2)(A) has filed, or is a material witness to, a 

5 bona fide workplace claim (as defined in section 

6 274A(e)(10)(B)(iii)(II) of such Act, as added by sec7 tion 3(b)); and 

8 (B) has been helpful, is being helpful, or is like9 ly to be helpful to— 

10 (i) a Federal, State, or local law enforce11 ment official; 

12 (ii) a Federal, State, or local prosecutor; 

13 (iii) a Federal, State, or local judge; 

14 (iv) the Department of Homeland Security; 

15 (v) the Equal Employment Opportunity 

16 Commission; 

17 (vi) the Department of Labor; 

18 (vii) the National Labor Relations Board; 

19 or 

20 (viii) other Federal, State, or local authori21 ties investigating, prosecuting, or seeking civil 

22 remedies related to the workplace claim. 

23 (c) CONFORMING AMENDMENTS.—Section 214(p) of 

24 the Immigration and Nationality Act (8 U.S.C. 1184(p)) 

25 is amended— 


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1 (1) in paragraph (1), by inserting ‘‘or inves2 tigating, prosecuting, or seeking civil remedies for 

3 workplace claims described in section 

4 101(a)(15)(U)(iv)’’ after ‘‘section 

5 101(a)(15)(U)(iii)’’ each place such term appears; 

6 (2) in paragraph (2)(A), by striking ‘‘10,000’’ 

7 and inserting ‘‘30,000’’; and 

8 (3) in paragraph (6)— 

9 (A) by inserting ‘‘or workplace claims de10 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de11 scribed in section 101(a)(15)(U)(iii)’’; and 

12 (B) by inserting ‘‘or workplace claim’’ 

13 after ‘‘prosecution of such criminal activity’’. 

14 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

15 CRIMES.—Section 245(m)(1) of the Immigration and Na16 tionality Act (8 U.S.C. 1255(m)(1)) is amended by insert17 ing ‘‘or an investigation or prosecution regarding a work18 place claim’’ after ‘‘prosecution’’. 

19 (e) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

20 Section 384(a)(1) of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (8 U.S.C. 

22 1367(a)(1)) is amended— 

23 (1) in subparagraph (E), by striking ‘‘physical 

24 or mental abuse and the criminal activity’’ and inVerDate Sep 11 2014 00:51 Jun 02, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908

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1 serting ‘‘abuse and the criminal activity or work2 place claim’’; 

3 (2) in subparagraph (F), by adding ‘‘or’’ at the 

4 end; and 

5 (3) by inserting after subparagraph (F) the fol6 lowing: 

7 ‘‘(G) the alien’s employer,’’. 

8 SEC. 3. LABOR ENFORCEMENT ACTIONS. 

9 (a) REMOVAL PROCEEDINGS.—Section 239(e) of the 

10 Immigration and Nationality Act (8 U.S.C. 1229(e)) is 

11 amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘In cases where’’ and in14 serting ‘‘If’’; and 

15 (B) by inserting ‘‘or as a result of informa16 tion provided to the Department of Homeland 

17 Security in retaliation against individuals for 

18 exercising or attempting to exercise their em19 ployment rights or other legal rights’’ after 

20 ‘‘paragraph (2)’’; and 

21 (2) in paragraph (2), by adding at the end the 

22 following: 

23 ‘‘(C) At a facility about which a workplace 

24 claim has been filed or is contemporaneously 

25 filed.’’. 


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1 (b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

2 274A(e) of the Immigration and Nationality Act (8 U.S.C. 

3 1324a(e)) is amended by adding at the end the following: 

4 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

5 ‘‘(A) ENFORCEMENT ACTION.—If the De6 partment of Homeland Security undertakes an 

7 enforcement action at a facility about which a 

8 workplace claim has been filed or is contem9 poraneously filed, or as a result of information 

10 provided to the Department in retaliation 

11 against employees for exercising their rights re12 lated to a workplace claim, the Department 

13 shall ensure that— 

14 ‘‘(i) any aliens arrested or detained 

15 who are necessary for the investigation or 

16 prosecution of workplace claim violations 

17 or criminal activity (as described in sub18 paragraph (T) or (U) of section 

19 101(a)(15)) are not removed from the 

20 United States until after the Depart21 ment— 

22 ‘‘(I) notifies the appropriate law 

23 enforcement agency with jurisdiction 

24 over such violations or criminal activ25 ity; and 


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1 ‘‘(II) provides such agency with 

2 the opportunity to interview such 

3 aliens; and 

4 ‘‘(ii) no aliens entitled to a stay of re5 moval or abeyance of removal proceedings 

6 under this section are removed. 

7 ‘‘(B) PROTECTIONS FOR VICTIMS OF

8 CRIME, LABOR, AND EMPLOYMENT VIOLA9 TIONS.— 

10 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

11 OF REMOVAL PROCEEDINGS.—An alien 

12 against whom removal proceedings have 

13 been initiated under chapter 4 of title II, 

14 who has filed a workplace claim, who is a 

15 material witness in any pending or antici16 pated proceeding involving a bona fide 

17 workplace claim, or who has filed for relief 

18 under section 101(a)(15)(U), shall be enti19 tled to a stay of removal or an abeyance of 

20 removal proceedings and to employment 

21 authorization until the resolution of the 

22 workplace claim or the denial of relief 

23 under section 101(a)(15)(U) after exhaus24 tion of administrative appeals, whichever is 

25 later, unless the Department establishes, 


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1 by a preponderance of the evidence in pro2 ceedings before the immigration judge pre3 siding over that alien’s removal hearing, 

4 that— 

5 ‘‘(I) the alien has been convicted 

6 of a felony; or 

7 ‘‘(II) the workplace claim was 

8 filed in bad faith with the intent to 

9 delay or avoid the alien’s removal. 

10 ‘‘(ii) DURATION.—Any stay of re11 moval or abeyance of removal proceedings 

12 and employment authorization issued pur13 suant to clause (i) shall remain valid until 

14 the resolution of the workplace claim or 

15 the denial of relief under section 

16 101(a)(15)(U) after the exhaustion of ad17 ministrative appeals, and shall be extended 

18 by the Secretary of Homeland Security for 

19 a period of not longer than 3 additional 

20 years upon determining that— 

21 ‘‘(I) such relief would enable the 

22 alien asserting a workplace claim to 

23 pursue the claim to resolution; 


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1 ‘‘(II) the deterrent goals of any 

2 statute underlying a workplace claim 

3 would be served; or 

4 ‘‘(III) such extension would oth5 erwise further the interests of justice. 

6 ‘‘(iii) DEFINITIONS.—In this para7 graph: 

8 ‘‘(I) MATERIAL WITNESS.—Not9 withstanding any other provision of 

10 law, the term ‘material witness’ means 

11 an individual who presents a declara12 tion from an attorney investigating, 

13 prosecuting, or defending the work14 place claim or from the presiding offi15 cer overseeing the workplace claim at16 testing that, to the best of the declar17 ant’s knowledge and belief, reasonable 

18 cause exists to believe that the testi19 mony of the individual will be relevant 

20 to the outcome of the workplace claim. 

21 ‘‘(II) WORKPLACE CLAIM.—The 

22 term ‘workplace claim’ means any 

23 written or oral claim, charge, com24 plaint, or grievance filed with, commu25 nicated to, or submitted to the emVerDate Sep 11 2014 00:51 Jun 02, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5908.IH H5908

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1 ployer, a Federal, State, or local agen2 cy or court, or an employee represent3 ative related to the violation of appli4 cable Federal, State, and local labor 

5 laws, including laws concerning wages 

6 and hours, labor relations, family and 

7 medical leave, occupational health and 

8 safety, civil rights, or nondiscrimina9 tion.’’. 

10 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out this Act and the amend13 ments made by this Act. 

Æ 


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