I 
112TH CONGRESS 
1ST SESSION H. R. 2169 
To protect victims of crime or serious labor violations from deportation 
during Department of Homeland Security enforcement actions, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2011 
Ms. CHU (for herself and Mr. GEORGE MILLER of California) 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 
deportation during Department of Homeland Security 
enforcement actions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
VerDate Mar 15 2010 
05:32 Jun 15, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2169.IH
H2169
rfrederick on DSKD9S0YB1PROD with BILLS
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 
VIOLATIONS OR CRIME. 
(a) PROTECTION FOR VICTIMS OF LABOR AND EM-
PLOYMENT 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 amending subclause (I) to read as 
follows: 
‘‘(I) the alien— 
‘‘(aa) has suffered substantial 
abuse or harm as a result of having 
been a victim of criminal activity de-
scribed in clause (iii); 
‘‘(bb) has suffered substantial 
abuse or harm related to a violation 
described in clause (iv); 
‘‘(cc) is a victim of criminal ac-
tivity described in clause (iii) and 
would suffer extreme hardship upon 
removal; or 
‘‘(dd) has suffered a violation de-
scribed 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 
VerDate Mar 15 2010 
05:32 Jun 15, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2169.IH
H2169
rfrederick on DSKD9S0YB1PROD with BILLS
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 Se-
curity, to the Equal Employment Oppor-
tunity Commission, to the Department of 
Labor, to the National Labor Relations 
Board’’; and 
(ii) 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)’’ 
and 
(ii) by adding at the end the fol-
lowing: ‘‘or 
‘‘(bb) a workplace claim described in 
clause (iv) resulted from a labor or employ-
ment violation;’’; 
(2) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
VerDate Mar 15 2010 
05:32 Jun 15, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2169.IH
H2169
rfrederick on DSKD9S0YB1PROD with BILLS
(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— 
‘‘(I) has filed, is a material witness in, 
or is likely to be helpful in the investiga-
tion of, a bona fide workplace claim (as de-
fined in section 274A(e)(10)(C)(iii)(II)); 
and 
‘‘(II) reasonably fears, has been 
threatened with, or has been the victim of, 
an action involving force, physical re-
straint, retaliation, or abuse of the immi-
gration or other legal process against the 
alien or another person by the employer in 
relation to acts underlying the workplace 
claim or related to the filing of the work-
place claim; or’’. 
(b) TEMPORARY
PROTECTION
FOR
VICTIMS
OF 
CRIME, LABOR, AND EMPLOYMENT VIOLATIONS.—Not-
withstanding any other provision of law, the Secretary of 
Homeland Security may permit an alien to temporarily re-
main in the United States and grant the alien employment 
authorization if the Secretary determines that the alien— 
VerDate Mar 15 2010 
05:32 Jun 15, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2169.IH
H2169
rfrederick on DSKD9S0YB1PROD with BILLS
(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 
(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 sec-
tion 3(b)); and 
(B) has been helpful, is being helpful, or is like-
ly to be helpful to— 
(i) a Federal, State, or local law enforce-
ment 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; 
(vii) the National Labor Relations Board; 
or 
(viii) other Federal, State, or local authori-
ties investigating, prosecuting, or seeking civil 
remedies related to the workplace claim. 
(c) CONFORMING AMENDMENTS.—Section 214(p) of 
the Immigration and Nationality Act (8 U.S.C. 1184(p)) 
is amended— 
VerDate Mar 15 2010 
05:32 Jun 15, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2169.IH
H2169
rfrederick on DSKD9S0YB1PROD with BILLS