Title: POWER Act
Policy area: Immigration

Summary:
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act
This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who:
An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States.
In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed.
An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2915 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2915

   To protect alien victims of crime or serious labor or employment 
violations from removal from the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2018

  Mr. Menendez (for himself, Mr. Blumenthal, Mr. Sanders, Ms. Cortez 
 Masto, and Mr. Booker) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect alien victims of crime or serious labor or employment 
violations from removal from the United States, 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. PROTECTION OF VICTIMS OF CRIME OR SERIOUS LABOR AND EMPLOYMENT 
              VIOLATIONS.

    (a) Availability of U Visas.--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 
                                described in clause (iii);
                                    ``(bb) has suffered substantial 
                                abuse or harm relating to a labor or 
                                employment violation described in 
                                clause (iv);
                                    ``(cc)(AA) is a victim of criminal 
                                activity described in clause (iii); and
                                    ``(BB) would suffer extreme 
                                hardship on removal from the United 
                                States; or
                                    ``(dd)(AA) has suffered a labor or 
                                employment violation described in 
                                clause (iv); and
                                    ``(BB) would suffer extreme 
                                hardship on removal from the United 
                                States;'';
                    (B) in subclause (II)--
                            (i) by striking ``concerning'' and all that 
                        follows through the semicolon at the end and 
                        inserting ``relating to, as applicable--
                                            ``(aa) criminal activity 
                                        described in clause (iii); or
                                            ``(bb) the labor or 
                                        employment violation described 
                                        in clause (iv);'';
                    (C) by amending subclause (III) to read as follows:
                                    ``(III) with respect to the 
                                investigation or prosecution of 
                                criminal activity described in clause 
                                (iii) or the investigation, 
                                prosecution, or pursuit of civil 
                                remedies relating to the labor or 
                                employment violation described in 
                                clause (iv), as applicable, the alien 
                                (or in the case of an alien child under 
                                the age of 16, the parent, guardian, or 
                                next friend of the alien) has been 
                                helpful, is being helpful, or is likely 
                                to be helpful to--
                                            ``(aa) a Federal, State, or 
                                        local law enforcement official;
                                            ``(bb) a Federal, State, or 
                                        local prosecutor;
                                            ``(cc) a Federal, State, or 
                                        local judge;
                                            ``(dd) the Secretary of 
                                        Homeland Security;
                                            ``(ee) the Equal Employment 
                                        Opportunity Commission;
                                            ``(ff) the Secretary of 
                                        Labor;
                                            ``(gg) the National Labor 
                                        Relations Board; or
                                            ``(hh) any other Federal, 
                                        State, or local authority; 
                                        and''; and
                    (D) in subclause (IV), by inserting before the 
                semicolon at the end ``or a workplace claim (as defined 
                in section 274A(e)(10)(C)(iii)(II)) resulted from the 
                labor or employment violation described in clause (iv), 
                as applicable'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) by moving clause (iii) 2 ems to the left;
            (4) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (5) by adding at the end the following:
                            ``(iv) a labor or employment violation 
                        described in this clause is a violation--
                                    ``(I) that results in the filing of 
                                a bona fide workplace claim (as defined 
                                in section 274A(e)(10)(C)(iii)(II))--
                                            ``(aa) by an alien;
                                            ``(bb) for which an alien 
                                        is a material witness; or
                                            ``(cc) in the investigation 
                                        of which an alien is likely to 
                                        be helpful; and
                                    ``(II) with respect to which an 
                                alien reasonably fears, has been 
                                threatened with, or has been the victim 
                                of, an action involving force, physical 
                                restraint, retaliation, or abuse of the 
                                immigration or other legal process 
                                against the alien or any other person 
                                by an employer relating to--
                                            ``(aa) an act underlying 
                                        such workplace claim; or
                                            ``(bb) the filing of such 
                                        workplace claim; or''.
    (b) Temporary Protection From Removal.--Notwithstanding any other 
provision of law, the Secretary of Homeland Security may allow an alien 
to temporarily remain in the United States and grant 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
            (2)(A) has filed, or is a material witness for, a bona fide 
        workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) 
        of that Act); and
            (B) with respect to the investigation, prosecution, or 
        pursuit of a civil remedy relating to the workplace claim, 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 Secretary of Homeland Security;
                    (v) the Equal Employment Opportunity Commission;
                    (vi) the Secretary of Labor;
                    (vii) the National Labor Relations Board; or
                    (viii) any other Federal, State, or local 
                authority.
    (c) Conforming Amendments.--Section 214(p) of the Immigration and 
Nationality Act (8 U.S.C. 1184(p)) is amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking ``for 
                section 101(a)(15)(u) visas'';
                    (B) in the first sentence, by inserting ``or 
                investigating, prosecuting, or seeking a civil remedy 
                relating to a labor or employment violation described 
                in section 101(a)(15)(U)(iv)'' before the period at the 
                end; and
                    (C) in the third sentence, by inserting ``or the 
                investigation, prosecution, or pursuit of a civil 
                remedy relating to a labor or employment violation 
                described in section 101(a)(15)(U)(iv), as applicable'' 
                before the period at the end;
            (2) in paragraph (2)(A), by striking ``10,000'' and 
        inserting ``30,000''; and
            (3) in paragraph (6), in the first sentence--
                    (A) by inserting ``or investigating, prosecuting, 
                or seeking a civil remedy relating to a labor or 
                employment violation described in section 
                101(a)(15)(U)(iv), as applicable'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (B) by inserting ``or labor or employment 
                violation'' after ``prosecution of such criminal 
                activity''.
    (d) Adjustment of Status.--Section 245(m)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1255(m)(1)) is amended, in the matter 
preceding subparagraph (A), by inserting ``or an investigation or 
prosecution of a labor or employment violation, as applicable'' after 
``prosecution''.
    (e) 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 labor or employment violation'';
            (2) in subparagraph (F), by striking the comma at the end 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the alien's employer,''.

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 Secretary of Homeland Security in 
                retaliation against an individual for exercising or 
                attempting to exercise his or her 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 with respect to which a 
                workplace claim (as defined in section 
                274A(e)(10)(B)(iv)) 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 with respect to which a workplace claim has 
                been filed or is contemporaneously filed or as a result 
                of information provided to the Secretary in retaliation 
                against an individual for exercising his or her rights 
                relating to a workplace claim, the Secretary shall 
                ensure that--
                            ``(i) any alien arrested or detained who is 
                        necessary for the investigation or prosecution 
                        of a labor or employment violation, as 
                        described in clause (iv) of subparagraph (U) of 
                        section 101(a)(15), or a criminal activity, as 
                        described in subparagraph (T) or clause (iii) 
                        of subparagraph (U) of that section, is not 
                        removed from the United States until a date 
                        that is after the date on which the Secretary--
                                    ``(I) notifies the appropriate law 
                                enforcement agency with jurisdiction 
                                over such labor or employment violation 
                                or criminal activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                alien; and
                            ``(ii) an alien entitled to a stay of 
                        removal or an abeyance of removal proceedings 
                        under this section is not removed.
                    ``(B) Stay of removal or abeyance of removal 
                proceedings.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an alien against whom removal 
                        proceedings have been initiated under chapter 4 
                        of title II shall be entitled to a stay of 
                        removal or an abeyance of removal proceedings 
                        and employment authorization if the alien--
                                    ``(I) has filed a workplace claim;
                                    ``(II) is a material witness in any 
                                pending or anticipated proceeding 
                                relating to a bona fide workplace 
                                claim; or
                                    ``(III) has filed an application 
                                for relief under section 101(a)(15)(U).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply with respect to an alien if the Secretary 
                        establishes, by a preponderance of the evidence 
                        in a proceeding before the immigration judge 
                        presiding over such alien's removal hearing, 
                        that--
                                    ``(I) the alien has been convicted 
                                of a felony; or
                                    ``(II) the workplace claim was 
                                filed in bad faith with the intent to 
                                delay or avoid the removal of the 
                                alien.
                            ``(iii) Duration.--
                                    ``(I) In general.--Any stay of 
                                removal or abeyance of removal 
                                proceedings and employment 
                                authorization issued pursuant to clause 
                                (i) shall remain valid until the date 
                                on which the workplace claim is 
                                resolved or relief under section 
                                101(a)(15)(U) is denied after 
                                exhaustion of any administrative 
                                appeal, as applicable.
                                    ``(II) Extension.--The Secretary of 
                                Homeland Security may extend a stay of 
                                removal or an abeyance of removal 
                                proceedings for a period of not longer 
                                than 3 years if the Secretary 
                                determines that--
                                            ``(aa) such relief would 
                                        enable the alien asserting a 
                                        workplace claim to pursue the 
                                        claim to resolution;
                                            ``(bb) the deterrent goals 
                                        of any law underlying a 
                                        workplace claim would be 
                                        served; or
                                            ``(cc) such extension would 
                                        otherwise further the interests 
                                        of justice.
                            ``(iv) Definitions.--In this paragraph:
                                    ``(I) Material witness.--The term 
                                `material witness' means an individual 
                                who presents a declaration from an 
                                attorney investigating, prosecuting, or 
                                defending a workplace claim or the 
                                presiding officer overseeing the 
                                workplace claim that attests that, to 
                                the best of the knowledge and belief of 
                                the declarant, 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 relating to the violation of 
                                applicable Federal, State, or local 
                                labor laws (including laws relating to 
                                wages and hours, labor relations, 
                                family and medical leave, occupational 
                                health and safety, civil rights, and 
                                nondiscrimination) that is filed with 
                                or communicated or submitted to--
                                            ``(aa) an employer;
                                            ``(bb) a Federal, State, or 
                                        local--

                                                    ``(AA) agency; or

                                                    ``(BB) court; or

                                            ``(cc) an employee 
                                        representative.''.
                                 <all>