POWER Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1828 Introduced in House (IH)]

&lt;DOC&gt;






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. Barragan, 
 Mrs. Napolitano, Mr. Davis of Illinois, Ms. Jayapal, Ms. Schakowsky, 
  Mr. Grijalva, Mr. McGovern, Mr. Casar, Ms. Tlaib, Ms. McCollum, Mr. 
  Garcia 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Workers from 
Exploitation and Retaliation Act'' or the ``POWER Act''.

SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.

    (a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)) is amended--
            (1) in clause (i)--
                    (A) by striking subclause (I) and inserting the 
                following:
                            ``(I) the alien--
                                    ``(aa) has suffered substantial 
                                physical, emotional, or mental abuse or 
                                harm as a result of having been a 
                                victim of criminal activity described 
                                in clause (iii);
                                    ``(bb) has suffered substantial 
                                physical, emotional, or mental abuse or 
                                harm related to a violation described 
                                in clause (iv);
                                    ``(cc) is a victim of criminal 
                                activity described in clause (iii) and 
                                would suffer extreme hardship upon 
                                removal; or
                                    ``(dd) has suffered a violation 
                                described in clause (iv) and would 
                                suffer extreme hardship upon 
                                removal;'';
                    (B) in subclause (II), by inserting ``, or a labor 
                or employment violation resulting in a workplace claim 
                described in clause (iv)'' before the semicolon at the 
                end;
                    (C) in subclause (III)--
                            (i) by striking ``or State judge, to the 
                        Service'' and inserting ``, State, or local 
                        judge, to the Department of Homeland Security, 
                        to the Equal Employment Opportunity Commission, 
                        to the Department of Labor (including the 
                        Occupational Safety and Health Administration), 
                        to the National Labor Relations Board, to the 
                        head official of a State or local government 
                        department of labor, workforce commission, or 
                        human relations commission or council'';
                            (ii) by striking ``investigating or 
                        prosecuting'' and inserting ``investigating, 
                        prosecuting, or seeking civil remedies for''; 
                        and
                            (iii) by inserting ``, or investigating, 
                        prosecuting, or seeking civil remedies for a 
                        labor or employment violation related to a 
                        workplace claim described in clause (iv)'' 
                        before the semicolon at the end; and
                    (D) in subclause (IV)--
                            (i) by inserting ``(aa)'' after ``(IV)'';
                            (ii) by inserting ``or'' after the 
                        semicolon at the end; and
                            (iii) by adding at the end the following:
            ``(bb) a workplace claim described in clause (iv) resulting 
        from a labor or employment violation;'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (4) by adding at the end the following:
                    ``(iv) in the labor or employment violation related 
                to a workplace claim, the alien has filed, is a 
                material witness in, or is likely to be helpful in the 
                investigation of, a bona fide workplace claim (as 
                defined in section 274A(e)(10)(B)(iii)(II)); or''.
    (b) Temporary Protection for Injured Workers and Victims of Crime, 
Labor, and Employment Violations.--Notwithstanding any other provision 
of law, the Secretary of Homeland Security may permit an alien to 
temporarily remain in the United States, shall not remove the alien 
from the United States during the permitted period, and shall provide 
the alien with the alien employment authorization, if the Secretary 
determines that the alien--
            (1) has filed for relief under section 101(a)(15)(U) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or 
        section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
            (2)(A) has filed, or is a material witness to, a bona fide 
        workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) 
        of such Act, as added by section 3(b) of this Act) or has 
        filed, or is a material witness to, a civil claim arising from 
        criminal activity (as defined in section 
        274A(e)(10)(B)(iii)(III) of such Act); and
            (B) has been helpful, is being helpful, or is likely to be 
        helpful to--
                    (i) a Federal, State, or local law enforcement 
                official;
                    (ii) a Federal, State, or local prosecutor;
                    (iii) a Federal, State, or local judge;
                    (iv) the Department of Homeland Security;
                    (v) the Equal Employment Opportunity Commission;
                    (vi) the Department of Labor, including the 
                Occupational Safety and Health Administration;
                    (vii) the National Labor Relations Board;
                    (viii) the head official of a State or local 
                government department of labor, workforce commission, 
                or human relations commission or council; or
                    (ix) other Federal, State, or local authorities; or
            (3) has filed a workers' compensation claim or is 
        undergoing treatment for a workplace injury or illness.
    (c) Requirements Applicable to U Visas.--Section 214(p) of the 
Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended--
            (1) in paragraph (1), by inserting ``or investigating, 
        prosecuting, or seeking civil remedies for workplace claims 
        described in section 101(a)(15)(U)(iv)'' after ``section 
        101(a)(15)(U)(iii)'' each place such term appears;
            (2) by striking paragraph (2); and
            (3) in paragraph (6)--
                    (A) by inserting ``or workplace claims described in 
                section 101(a)(15)(U)(iv)'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (B) by inserting ``or workplace claim'' after 
                ``prosecution of such criminal activity''.
    (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended 
by inserting ``or an investigation or prosecution regarding a workplace 
claim'' after ``prosecution''.
    (e) Adjustment of Status and Fees.--Section 245(l)(7) of the 
Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended by 
striking ``permit aliens to apply for a waiver of'' and inserting ``not 
require the payment of any''.
    (f) Change of Nonimmigrant Classification.--Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``physical or mental 
        abuse and the criminal activity'' and inserting ``abuse and the 
        criminal activity or workplace claim'';
            (2) in subparagraph (F), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the alien's employer,''.
    (g) Confidentiality of Information.--Section 384(b)(2) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1367(b)(2)) is amended by adding at the end the following:
        ``However, neither the Secretary of Homeland Security nor the 
        Attorney General may use the information furnished pursuant to 
        any application under section 101(a)(15)(T), 101(a)(15)(U), 
        101(a)(27), 101(a)(51), 106, 240A(b)(2), or 244(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T); 
        1101(a)(15)(U); 1101(a)(27); 1101(a)(51); 1105a; 1229b(b)(2); 
        1254a(a)), or section 107(b)(1)(E)(i)(II)(bb) of the Victims of 
        Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
        7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or 
        carrying out a removal proceeding.''.

SEC. 3. LABOR ENFORCEMENT ACTIONS.

    (a) Removal Proceedings.--Section 239(e) of the Immigration and 
Nationality Act (8 U.S.C. 1229(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``In cases where'' and inserting 
                ``If''; and
                    (B) by inserting ``or as a result of information 
                provided to the Department of Homeland Security in 
                retaliation against individuals for exercising or 
                attempting to exercise their employment rights or other 
                legal rights'' after ``paragraph (2)''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) At a facility about which a workplace claim 
                has been filed or is contemporaneously filed.''.
    (b) Unlawful Employment of Aliens.--Section 274A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by 
adding at the end the following:
            ``(10) Conduct in enforcement actions.--
                    ``(A) Enforcement action.--If the Secretary of 
                Homeland Security undertakes an enforcement action at a 
                facility about which a workplace claim has been filed 
                or is contemporaneously filed, or as a result of 
                information provided to the Department of Homeland 
                Security in retaliation against employees for 
                exercising their rights related to a workplace claim, 
                the Secretary shall ensure that--
                            ``(i) any aliens arrested or detained who 
                        are victims of or material witnesses to 
                        workplace claim violations or criminal activity 
                        (as described in subparagraph (T) or (U) of 
                        section 101(a)(15)) are not removed from the 
                        United States until after the Secretary--
                                    ``(I) notifies the appropriate 
                                agency with jurisdiction over such 
                                violations or criminal activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                aliens; and
                            ``(ii) no aliens entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section are removed.
                    ``(B) Protections for victims of crime, labor, and 
                employment violations.--
                            ``(i) Stay of removal or abeyance of 
                        removal proceedings.--An alien against whom 
                        removal proceedings have been initiated under 
                        chapter 4 of title II, who has filed a 
                        workplace claim, who is a material witness in 
                        any pending or anticipated proceeding involving 
                        a bona fide workplace claim or civil claim 
                        arising from criminal activity, or who has 
                        filed for relief under section 101(a)(15)(U), 
                        shall be entitled to a stay of removal or an 
                        abeyance of removal proceedings and to 
                        employment authorization until the resolution 
                        of the workplace claim or the denial of relief 
                        under section 101(a)(15)(U) after exhaustion of 
                        administrative or judicial appeals, whichever 
                        is later.
                            ``(ii) Duration.--Any stay of removal or 
                        abeyance of removal proceedings and employment 
                        authorization issued pursuant to clause (i) 
                        shall remain valid until the resolution of the 
                        workplace claim or the denial of relief under 
                        section 101(a)(15)(U) after the exhaustion of 
                        administrative or judicial appeals, and shall 
                        be extended by the Secretary of Homeland 
                        Security for a period of not longer than 10 
                        additional years upon determining that--
                                    ``(I) such relief would enable the 
                                alien asserting a workplace claim or 
                                civil claim arising from criminal 
                                activity, or assisting in investigation 
                                or prosecution of criminal activity, to 
                                pursue the matter to resolution, 
                                according to any agency administering 
                                any statute underlying these claims or 
                                any other credible evidence;
                                    ``(II) the deterrent goals of any 
                                statute underlying a workplace claim, 
                                criminal activity, or civil claim 
                                arising from criminal activity would be 
                                served, according to any agency 
                                administering such a statute or any 
                                other credible evidence; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this paragraph:
                                    ``(I) Material witness.--
                                Notwithstanding any other provision of 
                                law, the term `material witness' means 
                                an individual who presents a 
                                declaration from an attorney 
                                investigating, prosecuting, or 
                                defending the claim or from the 
                                presiding officer overseeing the claim 
                                attesting that, to the best of the 
                                declarant's knowledge and belief, 
                                reasonable cause exists to believe that 
                                the testimony of the individual will be 
                                relevant to the outcome of the 
                                workplace claim.
                                    ``(II) Workplace claim.--The term 
                                `workplace claim' means any written or 
                                oral claim, charge, complaint, or 
                                grievance filed with, communicated to, 
                                or submitted to the employer, a 
                                Federal, State, or local agency or 
                                court, or an employee representative 
                                related to the workplace injury or 
                                illness or to the violation of 
                                applicable Federal, State, and local 
                                labor laws, including laws concerning 
                                wages and hours, labor relations, 
                                family and medical leave, occupational 
                                health and safety, civil rights, or 
                                nondiscrimination.
                                    ``(III) Civil claim arising from 
                                criminal activity.--The term `civil 
                                claim arising from criminal activity' 
                                means any written or oral claim, 
                                charge, complaint, or grievance filed 
                                with, communicated to, or submitted to 
                                a Federal, State, or local agency or 
                                court related to the violation of 
                                applicable Federal, State, and local 
                                laws arising from criminal activity 
                                described in section 
                                101(a)(15)(U)(iii).''.
    (c) Continued Application of Workforce and Labor Protection 
Remedies.--Section 274A(e) of the Immigration and Nationality Act (8 
U.S.C. 1324a(e)), as amended by subsection (b), is further amended by 
adding at the end the following:
            ``(11) Rights, remedies, and relief.--Notwithstanding an 
        employee's status as an unauthorized noncitizen during the time 
        of relevant employment or during the back pay period or the 
        failure of the employer or employee to comply with the 
        requirements under this section or with any other provision of 
        Federal law relating to the unlawful employment of 
        noncitizens--
                    ``(A) all rights, remedies, and relief provided 
                under any Federal, State, or local law relating to 
                workplace rights, including reinstatement and back pay, 
                are available to such employee; and
                    ``(B) a court may not prohibit such an employee 
                from pursuing other causes of action giving rise to 
                liability in a civil action.''.
                                 &lt;all&gt;
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