Title: POWER Act
Policy area: Immigration

Summary:
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act
This bill expands protections for aliens who are victims of crimes or serious workplace violations.
U visas (nonimmigrant visas for victims of crimes helping with the investigation or prosecution of criminal activity) shall be available to aliens who have suffered substantial harm related to workplace claims.
The Department of Homeland Security (DHS) may allow an alien to work and temporarily remain in the United States if the alien (1) has filed for a U visa, or (2) has filed or is a material witness to a workplace claim and is helpful to authorities investigating the claim.
The bill removes (1) certain fees to petition for a U visa, and (2) direct numerical limitations on such visas.
A notice to an alien to appear at removal proceedings shall contain specified certifications, if the alien was taken (1) at a facility where a workplace claim has been filed, or (2) as a result of information provided to DHS in retaliation against individuals exercising their legal rights. Specifically, the notice shall 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 alien's information shall not be disclosed. Such an alien may not be removed until the appropriate law enforcement agency has had a chance to interview the alien.
Removal proceedings against an alien who has filed or is a witness to a workplace claim shall be stayed until the resolution of the claim, with limited exceptions.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2929 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2929

 To protect victims of crime or serious labor violations from removal 
  during Department of Homeland Security enforcement actions, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2019

Mr. Menendez (for himself, Mr. Blumenthal, Mr. Booker, Ms. Harris, Ms. 
 Cortez Masto, Mr. Sanders, and Mr. Merkley) introduced the following 
    bill; which was read twice and 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 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 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, 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 following: 
                        ``or
            ``(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--
                            ``(I) 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)(C)); and
                            ``(II) 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 
                        another person by the employer in relation to 
                        acts underlying the workplace claim or related 
                        to the filing of the workplace claim; or''.
    (b) Temporary Protection for 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, 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 to, a bona fide 
        workplace claim (as defined in section 274A(e)(10)(C) of such 
        Act, as added by section 3(b) of this 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) any other Federal, State, or local authority 
                investigating, prosecuting, or seeking civil remedies 
                related to the workplace claim.
    (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)--
                    (A) in the third sentence, by inserting ``or in the 
                investigation or prosecution of, or the seeking of 
                civil remedies for, a workplace claim described in 
                section 101(a)(15)(U)(iv)'';
                    (B) in the first sentence--
                            (i) 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)''; and
                            (ii) by striking ``The petition'' and 
                        inserting the following:
                    ``(A) In general.--The petition''; and
                    (C) by adding at the end the following:
                    ``(B) Fees.--An alien petitioning for, or having 
                status under, section 101(a)(15)(U) shall not be 
                required to submit any fee (or request any fee waiver) 
                in connection with such petition or status, including 
                fees associated with biometric services, or an 
                application for advance permission to enter as a 
                nonimmigrant.
                    ``(C) Confidentiality of information.--Neither the 
                Secretary of Homeland Security, nor the Attorney 
                General, may use the information furnished pursuant to 
                a petition for status under section 101(a)(15)(U) for 
                purposes of initiating or carrying out a removal 
                proceeding.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraphs (3) through (7) as 
        paragraphs (2) through (6), respectively; and
            (4) in paragraph (5), as redesignated--
                    (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) 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,''.

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 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 Secretary in retaliation 
                against employees for exercising their rights related 
                to a workplace claim, the Secretary shall ensure that--
                            ``(i) any alien arrested or detained who is 
                        necessary for the investigation or prosecution 
                        of workplace claim violations or criminal 
                        activity (as described in subparagraph (T) or 
                        (U) of section 101(a)(15)) is not removed from 
                        the United States until after the Secretary--
                                    ``(I) notifies the appropriate law 
                                enforcement agency with jurisdiction 
                                over such violations or criminal 
                                activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                alien; and
                            ``(ii) no alien entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section is 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 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 appeals, whichever is later, 
                        unless the Secretary establishes, by a 
                        preponderance of the evidence in proceedings 
                        before the immigration judge presiding over 
                        that 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.
                            ``(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 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 to 
                                pursue the claim to resolution;
                                    ``(II) the deterrent goals of any 
                                law underlying a workplace claim would 
                                be served; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                    ``(C) 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 workplace claim 
                        or from the presiding officer overseeing the 
                        workplace 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 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.''.
                                 <all>