,,ii #aaeth ,,congress #b;d ,session ,s4 #biae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjah,mr4 ,menendez 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,sanders1 ,ms4 ,cortez ,masto1 and ,mr4 ,booker7 introduced the following bill2 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,our ,workers from ,exploitation and ,retaliation ,act or the ,,power ,act4 #b4 ,protection of victims of crime or serious labor and employment violations 7a7 ,availability of ,u visas ,section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 the alien-- 7aa7 has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause 7iii72 7bb7 has suffered substantial abuse or harm relating to a labor or employment violation described in clause 7iv72 7cc7 7,,aa7 is a victim of criminal activity described in clause 7iii72 and 7,,bb7 would suffer extreme hardship on removal from the ,united ,states2 or 7dd7 7,,aa7 has suffered a labor or employment violation described in clause 7iv72 and 7,,bb7 would suffer extreme hardship on removal from the ,united ,states2 2 7,b7 in subclause 7,,ii7-- 7i7 by striking concerning and all that follows through the semicolon at the end and inserting 8relating to1 as applicable-- 7aa7 criminal activity described in clause 7iii72 or 7bb7 the labor or employment violation described in clause 7iv72 2 7,c7 by amending subclause 7,,iii7 to read as follows3 7,,iii7 with respect to the investigation or prosecution of criminal activity described in clause 7iii7 or the investigation1 prosecution1 or pursuit of civil remedies relating to the labor or employment violation described in clause 7iv71 as applicable1 the alien 7or in the case of an alien child under the age of #af1 the parent1 guardian1 or next friend of the alien7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7aa7 a ,federal1 ,state1 or local law enforcement official2 7bb7 a ,federal1 ,state1 or local prosecutor2 7cc7 a ,federal1 ,state1 or local judge2 7dd7 the ,secretary of ,homeland ,security2 7ee7 the ,equal ,employment ,opportunity ,commission2 7ff7 the ,secretary of ,labor2 7gg7 the ,national ,labor ,relations ,board2 or 7hh7 any other ,federal1 ,state1 or local authority2 and 2 and 7,d7 in subclause 7,,iv71 by inserting before the semicolon at the end or a workplace claim 7as defined in section #bgd;,a7e77#aj77;,c77iii77,,ii77 resulted from the labor or employment violation described in clause 7iv71 as applicable2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 by moving clause 7iii7 #b ems to the left2 7#d7 in clause 7iii71 by striking or at the end and inserting and2 and 7#e7 by adding at the end the following3 7iv7 a labor or employment violation described in this clause is a violation-- 7,i7 that results in the filing of a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,c77iii77,,ii77-- 7aa7 by an alien2 7bb7 for which an alien is a material witness2 or 7cc7 in the investigation of which an alien is likely to be helpful2 and 7,,ii7 with respect to which an alien reasonably fears1 has been threatened with1 or has been the victim of1 an action involving force1 physical restraint1 retaliation1 or abuse of the immigration or other legal process against the alien or any other person by an employer relating to-- 7aa7 an act underlying such workplace claim2 or 7bb7 the filing of such workplace claim2 or 4 7b7 ,temporary protection from removal ,notwithstanding any other provision of law1 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-- 7#a7 has filed for relief under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u772 or 7#b7 7,a7 has filed1 or is a material witness for1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,ii7 of that ,act72 and 7,b7 with respect to the investigation1 prosecution1 or pursuit of a civil remedy relating to the workplace claim1 has been helpful1 is being helpful1 or is likely to be helpful to-- 7i7 a ,federal1 ,state1 or local law enforcement official2 7ii7 a ,federal1 ,state1 or local prosecutor2 7iii7 a ,federal1 ,state1 or local judge2 7iv7 the ,secretary of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 7vi7 the ,secretary of ,labor2 7vii7 the ,national ,labor ,relations ,board2 or 7viii7 any other ,federal1 ,state1 or local authority4 7c7 ,conforming amendments ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking for section #aja7;a77#ae77u7 visas2 7,b7 in the first sentence1 by inserting or investigating1 prosecuting1 or seeking a civil remedy relating to a labor or employment violation described in section #aja7;a77#ae77,u77iv7 before the period at the end2 and 7,c7 in the third sentence1 by inserting or the investigation1 prosecution1 or pursuit of a civil remedy relating to a labor or employment violation described in section #aja7;a77#ae77,u77iv71 as applicable before the period at the end2 7#b7 in paragraph 7#b77;,a71 by striking #aj1jjj and inserting #cj1jjj2 and 7#c7 in paragraph 7#f71 in the first sentence-- 7,a7 by inserting or investigating1 prosecuting1 or seeking a civil remedy relating to a labor or employment violation described in section #aja7;a77#ae77,u77iv71 as applicable after described in section #aja7;a77#ae77,u77iii72 and 7,b7 by inserting or labor or employment violation after prosecution of such criminal activity4 7d7 ,adjustment of status ,section #bde7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7m77#a77 is amended1 in the matter preceding subparagraph 7,a71 by inserting or an investigation or prosecution of a labor or employment violation1 as applicable after prosecution4 7e7 ,change of nonimmigrant classification ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking physical or mental abuse and the criminal activity and inserting abuse and the criminal activity or labor or employment violation2 7#b7 in subparagraph 7,f71 by striking the comma at the end and inserting 1 or2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 the alien's employer1 4 #c4 ,labor enforcement actions 7a7 ,removal proceedings ,section #bci7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 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 7#b72 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility with respect to which a workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iv77 has been filed or is contemporaneously filed4 4 7b7 ,unlawful employment of aliens ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e77 is amended by adding at the end the following3 7#aj7 ,conduct in enforcement actions 7,a7 ,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 claim1 the ,secretary shall ensure that-- 7i7 any alien arrested or detained who is necessary for the investigation or prosecution of a labor or employment violation1 as described in clause 7iv7 of subparagraph 7,u7 of section #aja7;a77#ae71 or a criminal activity1 as described in subparagraph 7,t7 or clause 7iii7 of subparagraph 7,u7 of that section1 is not removed from the ,united ,states until a date that is after the date on which the ,secretary-- 7,i7 notifies the appropriate law enforcement agency with jurisdiction over such labor or employment violation or criminal activity2 and 7,,ii7 provides such agency with the opportunity to interview such alien2 and 7ii7 an alien entitled to a stay of removal or an abeyance of removal proceedings under this section is not removed4 7,b7 ,stay of removal or abeyance of removal proceedings 7i7 ,in general ,except as provided in clause 7ii71 an alien against whom removal proceedings have been initiated under chapter #d of title ,,ii shall be entitled to a stay of removal or an abeyance of removal proceedings and employment authorization if the alien-- 7,i7 has filed a workplace claim2 7,,ii7 is a material witness in any pending or anticipated proceeding relating to a bona fide workplace claim2 or 7,,iii7 has filed an application for relief under section #aja7;a77#ae77,u74 7ii7 ,exception ,clause 7i7 shall not apply with respect to an alien if the ,secretary establishes1 by a preponderance of the evidence in a proceeding before the immigration judge presiding over such alien's removal hearing1 that-- 7,i7 the alien has been convicted of a felony2 or 7,,ii7 the workplace claim was filed in bad faith with the intent to delay or avoid the removal of the alien4 7iii7 ,duration 7,i7 ,in general ,any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause 7i7 shall remain valid until the date on which the workplace claim is resolved or relief under section #aja7;a77#ae77,u7 is denied after exhaustion of any administrative appeal1 as applicable4 7,,ii7 ,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 #c years if the ,secretary determines that-- 7aa7 such relief would enable the alien asserting a workplace claim to pursue the claim to resolution2 7bb7 the deterrent goals of any law underlying a workplace claim would be served2 or 7cc7 such extension would otherwise further the interests of justice4 7iv7 ,definitions ,in this paragraph3 7,i7 ,material witness ,the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending a workplace claim or the presiding officer overseeing the workplace claim that attests that1 to the best of the knowledge and belief of the declarant1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7,,ii7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance relating to the violation of applicable ,federal1 ,state1 or local labor laws 7including laws relating to wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 and nondiscrimination7 that is filed with or communicated or submitted to-- 7aa7 an employer2 7bb7 a ,federal1 ,state1 or local-- 7,,aa7 agency2 or 7,,bb7 court2 or 7cc7 an employee representative4 4