POWER Act

To protect victims of crime or serious labor violations from removal during Department of Homeland Security enforcement actions, and for other purposes. 1. Short title This Act may be cited as the Protect Our Workers from Exploitation and Retaliation Act POWER Act 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) (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) (C) in subclause (III)— (i) by striking or State judge, to the Service , 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 investigating, prosecuting, or seeking civil remedies for (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) (D) in subclause (IV)— (i) by inserting (aa) (IV) (ii) by inserting or (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 (3) in clause (iii), by striking or 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) 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) (1) in paragraph (1), by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) section 101(a)(15)(U)(iii) (2) by striking paragraph (2); and (3) in paragraph (6)— (A) by inserting or workplace claims described in section 101(a)(15)(U)(iv) described in section 101(a)(15)(U)(iii) (B) by inserting or workplace claim 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) or an investigation or prosecution regarding a workplace claim prosecution (e) Adjustment of status and fees Section 245(l)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1255(l)(7) permit aliens to apply for a waiver of 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) (1) in subparagraph (E), by striking physical or mental abuse and the criminal activity abuse and the criminal activity or workplace claim (2) in subparagraph (F), by adding or (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) 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) . 3. Labor enforcement actions (a) Removal proceedings Section 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) (1) in paragraph (1)— (A) by striking In cases where If (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 paragraph (2) (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) (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 (II) Workplace claim The term workplace claim (III) Civil claim arising from criminal activity The term civil claim arising from criminal activity . (c) Continued application of workforce and labor protection remedies Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) (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. .

Summary: Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill expands protections for non-U.S. nationals (aliens under federal law) who are victims of crimes or serious workplace violations. U visas (nonimmigrant visas for certain crime victims) shall be available to individuals who have suffered substantial harm related to workplace claims. The Department of Homeland Security (DHS) may allow a non-U.S. national to work and temporarily remain in the United States if the individual (1) has filed for a U visa or T visa (nonimmigrant visas for victims of human trafficking), or (2) has filed or is a material witness to a workplace claim or civil claim arising from criminal activity and is helpful to authorities investigating the claim. The bill removes direct numerical limitations on U visas. A notice to an individual to appear at removal proceedings must contain specified certifications, if the individual was taken (1) at a facility where a workplace claim has been filed, or (2) as a result of information provided in retaliation against individuals exercising their legal rights. Specifically, the notice must state that (1) an adverse immigration determination may not be based solely on information furnished by the party engaged in the unlawful activity, and (2) the individual's information may not be disclosed. Such an individual may not be removed until law enforcement has had a chance to interview the individual. Removal proceedings against an individual who has filed or is a witness to a workplace claim must be stayed until the resolution of the claim, with limited exceptions.