I 

118TH CONGRESS 

1ST SESSION H. R. 1828 

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 

MARCH 28, 2023 

Ms. CHU (for herself, Mr. SCOTT of Virginia, Ms. TITUS, Ms. BARRAGA ́N, 

Mrs. NAPOLITANO, Mr. DAVIS of Illinois, Ms. JAYAPAL, Ms. SCHAKOWSKY, Mr. GRIJALVA, Mr. MCGOVERN, Mr. CASAR, Ms. TLAIB, Ms. 

MCCOLLUM, Mr. GARCI ́A of Illinois, 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’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1828 IH

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 striking subclause (I) and inserting 

9 the following: 

10 ‘‘(I) the alien— 

11 ‘‘(aa) has suffered substantial 

12 physical, emotional, or mental abuse 

13 or harm as a result of having been a 

14 victim of criminal activity described in 

15 clause (iii); 

16 ‘‘(bb) has suffered substantial 

17 physical, emotional, or mental abuse 

18 or harm related to a violation de19 scribed in clause (iv); 

20 ‘‘(cc) is a victim of criminal ac21 tivity described in clause (iii) and 

22 would suffer extreme hardship upon 

23 removal; or 

24 ‘‘(dd) has suffered a violation de25 scribed in clause (iv) and would suffer 

26 extreme hardship upon removal;’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 1828 IH

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

2 labor or employment violation resulting in a 

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

4 the semicolon at the end; 

5 (C) in subclause (III)— 

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

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

8 judge, to the Department of Homeland Se9 curity, to the Equal Employment Oppor10 tunity Commission, to the Department of 

11 Labor (including the Occupational Safety 

12 and Health Administration), to the Na13 tional Labor Relations Board, to the head 

14 official of a State or local government de15 partment of labor, workforce commission, 

16 or human relations commission or coun17 cil’’; 

18 (ii) by striking ‘‘investigating or pros19 ecuting’’ and inserting ‘‘investigating, 

20 prosecuting, or seeking civil remedies for’’; 

21 and 

22 (iii) by inserting ‘‘, or investigating, 

23 prosecuting, or seeking civil remedies for a 

24 labor or employment violation related to a 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 1828 IH

1 workplace claim described in clause (iv)’’ 

2 before the semicolon at the end; and 

3 (D) in subclause (IV)— 

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

5 (ii) by inserting ‘‘or’’ after the semi6 colon at the end; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(bb) a workplace claim described in clause (iv) 

10 resulting from a labor or employment violation;’’; 

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

12 end; 

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

14 and inserting ‘‘and’’; and 

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

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

17 related to a workplace claim, the alien has filed, 

18 is a material witness in, or is likely to be help19 ful in the investigation of, a bona fide work20 place claim (as defined in section 

21 274A(e)(10)(B)(iii)(II)); or’’. 

22 (b) TEMPORARY PROTECTION FOR INJURED WORK23 ERS AND VICTIMS OF CRIME, LABOR, AND EMPLOYMENT

24 VIOLATIONS.—Notwithstanding any other provision of 

25 law, the Secretary of Homeland Security may permit an 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 1828 IH

1 alien to temporarily remain in the United States, shall not 

2 remove the alien from the United States during the per3 mitted period, and shall provide the alien with the alien 

4 employment authorization, if the Secretary determines 

5 that the alien— 

6 (1) has filed for relief under section 

7 101(a)(15)(U) of the Immigration and Nationality 

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

9 101(a)(15)(T) of such Act (8 U.S.C. 

10 1101(a)(15)(T)); 

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

12 bona fide workplace claim (as defined in section 

13 274A(e)(10)(B)(iii)(II) of such Act, as added by sec14 tion 3(b) of this Act) or has filed, or is a material 

15 witness to, a civil claim arising from criminal activ16 ity (as defined in section 274A(e)(10)(B)(iii)(III) of 

17 such Act); and 

18 (B) has been helpful, is being helpful, or is like19 ly to be helpful to— 

20 (i) a Federal, State, or local law enforce21 ment official; 

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

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

24 (iv) the Department of Homeland Security; 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 1828 IH

1 (v) the Equal Employment Opportunity 

2 Commission; 

3 (vi) the Department of Labor, including 

4 the Occupational Safety and Health Adminis5 tration; 

6 (vii) the National Labor Relations Board; 

7 (viii) the head official of a State or local 

8 government department of labor, workforce 

9 commission, or human relations commission or 

10 council; or 

11 (ix) other Federal, State, or local authori12 ties; or 

13 (3) has filed a workers’ compensation claim or 

14 is undergoing treatment for a workplace injury or 

15 illness. 

16 (c) REQUIREMENTS APPLICABLE TO U VISAS.—Sec17 tion 214(p) of the Immigration and Nationality Act (8 

18 U.S.C. 1184(p)) is amended— 

19 (1) in paragraph (1), by inserting ‘‘or inves20 tigating, prosecuting, or seeking civil remedies for 

21 workplace claims described in section 

22 101(a)(15)(U)(iv)’’ after ‘‘section 

23 101(a)(15)(U)(iii)’’ each place such term appears; 

24 (2) by striking paragraph (2); and 

25 (3) in paragraph (6)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 1828 IH

1 (A) by inserting ‘‘or workplace claims de2 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de3 scribed in section 101(a)(15)(U)(iii)’’; and 

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

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

6 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

7 CRIMES.—Section 245(m)(1) of the Immigration and Na8 tionality Act (8 U.S.C. 1255(m)(1)) is amended by insert9 ing ‘‘or an investigation or prosecution regarding a work10 place claim’’ after ‘‘prosecution’’. 

11 (e) ADJUSTMENT OF STATUS AND FEES.—Section 

12 245(l)(7) of the Immigration and Nationality Act (8 

13 U.S.C. 1255(l)(7)) is amended by striking ‘‘permit aliens 

14 to apply for a waiver of’’ and inserting ‘‘not require the 

15 payment of any’’. 

16 (f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

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

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

19 1367(a)(1)) is amended— 

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

21 or mental abuse and the criminal activity’’ and in22 serting ‘‘abuse and the criminal activity or work23 place claim’’; 

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

25 end; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 1828 IH

1 (3) by inserting after subparagraph (F) the fol2 lowing: 

3 ‘‘(G) the alien’s employer,’’. 

4 (g) CONFIDENTIALITY OF INFORMATION.—Section 

5 384(b)(2) of the Illegal Immigration Reform and Immi6 grant Responsibility Act of 1996 (8 U.S.C. 1367(b)(2)) 

7 is amended by adding at the end the following: 

8 ‘‘However, neither the Secretary of Homeland Secu9 rity nor the Attorney General may use the informa10 tion furnished pursuant to any application under 

11 section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 

12 101(a)(51), 106, 240A(b)(2), or 244(a) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(T); 1101(a)(15)(U); 1101(a)(27); 

15 1101(a)(51); 1105a; 1229b(b)(2); 1254a(a)), or sec16 tion 107(b)(1)(E)(i)(II)(bb) of the Victims of Traf17 ficking and Violence Protection Act of 2000 (22 

18 U.S.C. 7105(b)(1)(E)(i)(II)(bb)), for purposes of 

19 initiating or carrying out a removal proceeding.’’. 

20 SEC. 3. LABOR ENFORCEMENT ACTIONS. 

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

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

23 amended— 

24 (1) in paragraph (1)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 1828 IH

1 (A) by striking ‘‘In cases where’’ and in2 serting ‘‘If’’; and 

3 (B) by inserting ‘‘or as a result of informa4 tion provided to the Department of Homeland 

5 Security in retaliation against individuals for 

6 exercising or attempting to exercise their em7 ployment rights or other legal rights’’ after 

8 ‘‘paragraph (2)’’; and 

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

10 following: 

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

12 claim has been filed or is contemporaneously 

13 filed.’’. 

14 (b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

15 274A(e) of the Immigration and Nationality Act (8 U.S.C. 

16 1324a(e)) is amended by adding at the end the following: 

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

18 ‘‘(A) ENFORCEMENT ACTION.—If the Sec19 retary of Homeland Security undertakes an en20 forcement action at a facility about which a 

21 workplace claim has been filed or is contem22 poraneously filed, or as a result of information 

23 provided to the Department of Homeland Secu24 rity in retaliation against employees for exerVerDate Sep 11 2014 03:59 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1828.IH H1828

pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 1828 IH

1 cising their rights related to a workplace claim, 

2 the Secretary shall ensure that— 

3 ‘‘(i) any aliens arrested or detained 

4 who are victims of or material witnesses to 

5 workplace claim violations or criminal ac6 tivity (as described in subparagraph (T) or 

7 (U) of section 101(a)(15)) are not removed 

8 from the United States until after the Sec9 retary— 

10 ‘‘(I) notifies the appropriate 

11 agency with jurisdiction over such vio12 lations or criminal activity; and 

13 ‘‘(II) provides such agency with 

14 the opportunity to interview such 

15 aliens; and 

16 ‘‘(ii) no aliens entitled to a stay of re17 moval or abeyance of removal proceedings 

18 under this section are removed. 

19 ‘‘(B) PROTECTIONS FOR VICTIMS OF

20 CRIME, LABOR, AND EMPLOYMENT VIOLA21 TIONS.— 

22 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

23 OF REMOVAL PROCEEDINGS.—An alien 

24 against whom removal proceedings have 

25 been initiated under chapter 4 of title II, 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 1828 IH

1 who has filed a workplace claim, who is a 

2 material witness in any pending or antici3 pated proceeding involving a bona fide 

4 workplace claim or civil claim arising from 

5 criminal activity, or who has filed for relief 

6 under section 101(a)(15)(U), shall be enti7 tled to a stay of removal or an abeyance of 

8 removal proceedings and to employment 

9 authorization until the resolution of the 

10 workplace claim or the denial of relief 

11 under section 101(a)(15)(U) after exhaus12 tion of administrative or judicial appeals, 

13 whichever is later. 

14 ‘‘(ii) DURATION.—Any stay of re15 moval or abeyance of removal proceedings 

16 and employment authorization issued pur17 suant to clause (i) shall remain valid until 

18 the resolution of the workplace claim or 

19 the denial of relief under section 

20 101(a)(15)(U) after the exhaustion of ad21 ministrative or judicial appeals, and shall 

22 be extended by the Secretary of Homeland 

23 Security for a period of not longer than 10 

24 additional years upon determining that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 1828 IH

1 ‘‘(I) such relief would enable the 

2 alien asserting a workplace claim or 

3 civil claim arising from criminal activ4 ity, or assisting in investigation or 

5 prosecution of criminal activity, to 

6 pursue the matter to resolution, ac7 cording to any agency administering 

8 any statute underlying these claims or 

9 any other credible evidence; 

10 ‘‘(II) the deterrent goals of any 

11 statute underlying a workplace claim, 

12 criminal activity, or civil claim arising 

13 from criminal activity would be 

14 served, according to any agency ad15 ministering such a statute or any 

16 other credible evidence; or 

17 ‘‘(III) such extension would oth18 erwise further the interests of justice. 

19 ‘‘(iii) DEFINITIONS.—In this para20 graph: 

21 ‘‘(I) MATERIAL WITNESS.—Not22 withstanding any other provision of 

23 law, the term ‘material witness’ means 

24 an individual who presents a declara25 tion from an attorney investigating, 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 1828 IH

1 prosecuting, or defending the claim or 

2 from the presiding officer overseeing 

3 the claim attesting that, to the best of 

4 the declarant’s knowledge and belief, 

5 reasonable cause exists to believe that 

6 the testimony of the individual will be 

7 relevant to the outcome of the work8 place claim. 

9 ‘‘(II) WORKPLACE CLAIM.—The 

10 term ‘workplace claim’ means any 

11 written or oral claim, charge, com12 plaint, or grievance filed with, commu13 nicated to, or submitted to the em14 ployer, a Federal, State, or local agen15 cy or court, or an employee represent16 ative related to the workplace injury 

17 or illness or to the violation of appli18 cable Federal, State, and local labor 

19 laws, including laws concerning wages 

20 and hours, labor relations, family and 

21 medical leave, occupational health and 

22 safety, civil rights, or nondiscrimina23 tion. 

24 ‘‘(III) CIVIL CLAIM ARISING

25 FROM CRIMINAL ACTIVITY.—The term 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 1828 IH

1 ‘civil claim arising from criminal ac2 tivity’ means any written or oral 

3 claim, charge, complaint, or grievance 

4 filed with, communicated to, or sub5 mitted to a Federal, State, or local 

6 agency or court related to the viola7 tion of applicable Federal, State, and 

8 local laws arising from criminal activ9 ity described in section 

10 101(a)(15)(U)(iii).’’. 

11 (c) CONTINUED APPLICATION OF WORKFORCE AND

12 LABOR PROTECTION REMEDIES.—Section 274A(e) of the 

13 Immigration and Nationality Act (8 U.S.C. 1324a(e)), as 

14 amended by subsection (b), is further amended by adding 

15 at the end the following: 

16 ‘‘(11) RIGHTS, REMEDIES, AND RELIEF.—Not17 withstanding an employee’s status as an unauthor18 ized noncitizen during the time of relevant employ19 ment or during the back pay period or the failure of 

20 the employer or employee to comply with the re21 quirements under this section or with any other pro22 vision of Federal law relating to the unlawful em23 ployment of noncitizens— 

24 ‘‘(A) all rights, remedies, and relief pro25 vided under any Federal, State, or local law reVerDate Sep 11 2014 03:59 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1828.IH H1828

pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 1828 IH

1 lating to workplace rights, including reinstate2 ment and back pay, are available to such em3 ployee; and 

4 ‘‘(B) a court may not prohibit such an em5 ployee from pursuing other causes of action giv6 ing rise to liability in a civil action.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB