Immigrant Workers’ Rights

Your Rights as an Immigrant Worker

THE RIGHT TO BE PAID FOR ALL HOURS WORKED. You have a right to receive the minimum wage and payment for all hours worked — including overtime pay.
THE RIGHT TO ORGANIZE TO IMPROVE WAGES AND WORKING CONDITIONS. You have the right to organize to improve wages and working conditions, to vote in union elections, and to bargain collectively with your employer.
THE RIGHT TO A SAFE WORK ENVIRONMENT. You have the right to say no to work that will put you in immediate danger of serious harm.
THE RIGHT TO BE FREE FROM DISCRIMINATION. You cannot be fired, harassed, or not hired because of your national origin, race, color, sex, pregnancy, religion, age or disability.
THE RIGHT TO BE FREE FROM RETALIATION. Your employer cannot use your immigration status as an excuse to fire you if the real reason is discriminatory or because you joined with a coworker to complain about working conditions. It is illegal for your employer to report you to ICE in retaliation for asserting the rights mentioned here.

Know Your Rights: Labor Organizing and Protections for Immigrants

Last updated 1/24/2025. Please stay tuned while we update this page with the latest guidance following the change in administration.

Can ICE take action against me if I stand up for rights in the workplace?

Moratorium on workplace raids: The Biden Administration has ceased massive workplace raids.

As the policy stands now, during a labor dispute, ICE will generally not:

Take actions that interfere with exercising your labor rights
Demand more work authorization documents – requiring an employer to provide more proof of your permission to work

ICE will generally stay away from workplaces where a labor dispute is taking place.

What is a labor dispute?

A labor dispute is when a worker’s rights are violated and the worker chooses to be public about the violation either by speaking up or filing a charge or complaint. This includes a worker’s right to:
Organize a union
Participate in union activities
Join the fight for a contract
Fight for higher wages, overtime pay, breaks, fair scheduling, medical leave
Refuse to work in unsafe conditions
Complain about discrimination or harassment because of race, nationality, color, sex, age, religion, disability, or pregnancy
Be free from retaliation by an employer

What kind of proof might there be of a labor dispute?

A notice showing bargaining is taking place (FMCS Notice)
A wage and hour complaint filed with DOL
An unfair labor practice charge with the NLRB
A petition showing union organizing taking place
A charge of discrimination with the EEOC
An OSHA complaint about unsafe working conditions
A letter to a government agency stating that organizing is taking place
A letter/petition with workplace demands that has been delivered by a group of workers to an employer or raised in a meeting

What rights do I have if my boss brings up my immigration status?

An employer’s threats to call immigration, calls to immigration, or demands for more work permission documents may be an unlawful retaliatory act.
You may be eligible for immigration protections based on a new process that protects workers from intimidation and retaliation for speaking out against unscrupulous employers.
Contact the organizer you work with to create a plan.

Labor-Based Deferred Action

Last updated 1/24/2025. Please stay tuned while we update this page with the latest guidance following the change in administration.

The status of this Biden-era streamlined process is currently uncertain. Please consult with a reputable immigration service provider for further details on this or any other immigration relief that may be available to you.

Check back frequently and follow us on Facebook as we continue to keep our community informed.

Are you facing wage theft, unsafe or unfair working conditions? On January 13, 2023, the Department of Homeland Security (DHS) issued guidance to protect immigrant workers who take action and work with labor agencies to hold abusive employers accountable. This process is streamlined and accessible to all workers.

Here's how it works:

Contact your union representative or workers’ rights organization 
You’re not alone. If you’re experiencing unsafe working conditions, being robbed of overtime pay, or being intimidated from forming a union at your workplace – there are likely many others! Contact your union staff person, or if you don't have a union, a worker center, workers’ rights or a non-profit legal services organization to get help in making a complaint or filing a charge with a federal, state or local labor agency. Remember, your immigration status is private. You should not disclose it to any agency.

Request support from a labor agency 
You, your union, a workers’ rights organization, or legal representative can send a letter to a federal, state or local labor agency requesting support for worker protections. The letter will explain the need to protect workers at your workplace. It will also ask the labor agency to send a letter to DHS asking to protect all workers at your workplace while the labor case and investigation is pending.

File a request
Work with an immigration attorney to file a request with DHS for four years of work authorization and protection from deportation (deferred action). It is important to consult with an immigration attorney to ensure you are not putting yourself or family at risk. You will be asked to gather documents to show proof of identity and nationality, employment verification, and immigration history.

Beware of notarios or scammers and dishonest immigration attorneys. Find a trusted immigration service provider near you.

Win temporary deportation protection and work authorization
A request for deferred action and work permit could be processed in a matter of months. It will be valid for four years and you may be eligible to renew it for an additional two years while the labor case is pending.

Now, you are a part of a growing movement of allies, labor unions, elected officials, and many brave workers, like yourself, who are fighting to win fair wages and safe workplaces for all workers. Keep up the fight and remember, no matter your immigration status, YOU HAVE RIGHTS.