[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3207 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3207

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2010

Mr. Menendez (for himself, Mrs. Gillibrand, and Mrs. Murray) 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 
deportation 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) resulted 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 workplace claim (as defined 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 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)(B)(iii)(II) 
        of such Act, as added by section 3(b)); 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;
                    (vii) the National Labor Relations Board; or
                    (viii) other Federal, State, or local authorities 
                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--
            (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) in paragraph (2)(A), by striking ``10,000'' and 
        inserting ``20,000''; 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) 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 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 Department 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 in retaliation 
                against employees for exercising their rights related 
                to a workplace claim, the Department shall ensure 
                that--
                            ``(i) any aliens arrested or detained who 
                        are 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)) are not 
                        removed from the United States until after the 
                        Department--
                                    ``(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 
                                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 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 Department establishes, by a 
                        preponderance of the evidence in proceedings 
                        before the immigration judge presiding over 
                        that alien's removal hearing, that--
                                    ``(I) the Department initiated the 
                                alien's removal proceeding for wholly 
                                independent reasons and not based on, 
                                or as a result of, any information 
                                provided to, or obtained by, the 
                                Department--
                                            ``(aa) from the alien's 
                                        employer;
                                            ``(bb) from any outside 
                                        source, including any anonymous 
                                        source or any individual 
                                        described in subparagraphs (A) 
                                        through (G) of section 
                                        1384(a)(1) of the Illegal 
                                        Immigration Reform and 
                                        Immigrant Responsibility Act of 
                                        1996 (8 U.S.C. 1367(a)(1)); or
                                            ``(cc) during the 
                                        prosecution or investigation of 
                                        the workplace claim; and
                                    ``(II) the workplace claim was 
                                filed in a bad faith with the intent to 
                                delay or avoid the alien's removal.
                            ``(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 3 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 
                                statute underlying a workplace claim 
                                would be served; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this section:
                                    ``(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, or nondiscrimination.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act.
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