,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebbe ,,in ,,the ,,house ,,of ,,representatives ,november #ba1 #bjai,ms4 ,judy ,chu of ,california 7for herself1 ,mr4 ,scott of ,virginia1 ,ms4 ,norton1 ,mrs4 ,napolitano1 ,ms4 ,roybal-,allard1 ,ms4 ,garcia of ,texas1 ,mr4 ,raskin1 ,mr4 ,trone1 ,ms4 ,jayapal1 and ,ms4 ,barragn7 introduced the following bill2 which was 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 actions1 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 ,victims of serious labor and employment violations or crime 7a7 ,protection for victims of labor and employment violations ,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 related to a violation described in clause 7iv72 7cc7 is a victim of criminal activity described in clause 7iii7 and would suffer extreme hardship upon removal2 or 7dd7 has suffered a violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a labor or employment violation resulting in a workplace claim described in clause 7iv7 before the semicolon at the end2 7,c7 in subclause 7,,iii7-- 7i7 by striking or ,state judge1 to the ,service and inserting 1 ,state1 or local judge1 to the ,department of ,homeland ,security1 to the ,equal ,employment ,opportunity ,commission1 to the ,department of ,labor1 to the ,national ,labor ,relations ,board2 and 7ii7 by inserting 1 or investigating1 prosecuting1 or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause 7iv7 before the semicolon at the end2 and 7,d7 in subclause 7,,iv7-- 7i7 by inserting 7aa7 after 7,,iv72 and 7ii7 by adding at the end the following3 8or 7bb7 a workplace claim described in clause 7iv7 resulting from a labor or employment violation2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking or at the end and inserting and2 and 7#d7 by adding at the end the following3 7iv7 in the labor or employment violation related to a workplace claim1 the alien-- 7,i7 has filed1 is a material witness in1 or is likely to be helpful in the investigation of1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,c77iii77,,ii772 and 7,,ii7 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 another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim2 or 4 7b7 ,temporary protection for victims of crime1 labor1 and employment violations ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may permit an alien to temporarily remain in the ,united ,states1 and grant the alien employment authorization1 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 to1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,ii7 of such ,act1 as added by section #c7;b7 of this ,act72 and 7,b7 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 ,department of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 7vi7 the ,department of ,labor1 including the ,occupational ,safety and ,health ,administration2 7vii7 the ,national ,labor ,relations ,board2 7viii7 the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 or 7ix7 other ,federal1 ,state1 or local authorities investigating1 prosecuting1 or seeking civil remedies related to the workplace claim4 7c7 ,requirements applicable to ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting or investigating1 prosecuting1 or seeking civil remedies for workplace claims described in section #aja7;a77#ae77,u77iv7 after section #aja7;a77#ae77,u77iii7 each place such term appears2 7,b7 by striking ,the petition and inserting the following3 7,a7 ,in general ,the petition 2 and 7,c7 by adding at the end the following3 7,b7 ,fees ,an alien petitioning for1 or having status under1 section #aja7;a77#ae77,u7 shall not be required to submit any fee 7or request any fee waiver7 in connection with such petition or status1 including fees associated with biometric services1 or an application for advance permission to enter as a nonimmigrant4 7,c7 ,confidentiality of information ,neither the ,secretary of ,homeland ,security1 nor the ,attorney ,general1 may use the information furnished pursuant to a petition for status under section #aja7;a77#ae77,u7 for purposes of initiating or carrying out a removal proceeding4 2 7#b7 by striking paragraph 7#b72 and 7#c7 in paragraph 7#f7-- 7,a7 by inserting or workplace claims described in section #aja7;a77#ae77,u77iv7 after described in section #aja7;a77#ae77,u77iii72 and 7,b7 by inserting or workplace claim after prosecution of such criminal activity4 7d7 ,adjustment of status for victims of crimes ,section #bde7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7m77#a77 is amended by inserting or an investigation or prosecution regarding a workplace claim 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 workplace claim2 7#b7 in subparagraph 7,f71 by adding or at the end2 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 ,department of ,homeland ,security in retaliation against individuals for exercising or attempting to exercise their 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 about which a workplace claim 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 about which a workplace claim has been filed or is contemporaneously filed1 or as a result of information provided to the ,department of ,homeland ,security in retaliation against employees for exercising their rights related to a workplace claim1 the ,secretary shall ensure that-- 7i7 any aliens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7,i7 notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity2 and 7,,ii7 provides such agency with the opportunity to interview such aliens2 and 7ii7 no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed4 7,b7 ,protections for victims of crime1 labor1 and employment violations 7i7 ,stay of removal or abeyance of removal proceedings ,an alien against whom removal proceedings have been initiated under chapter #d of title ,,ii1 who has filed a workplace claim1 who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim1 or who has filed for relief under section #aja7;a77#ae77,u71 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 #aja7;a77#ae77,u7 after exhaustion of administrative appeals1 whichever is later1 unless the ,secretary establishes1 by a preponderance of the evidence in proceedings before the immigration judge presiding over that 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 alien's removal4 7ii7 ,duration ,any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause 7i7 shall remain valid until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after the exhaustion of administrative appeals1 and shall be extended by the ,secretary of ,homeland ,security for a period of not longer than #aj additional years upon determining that-- 7,i7 such relief would enable the alien asserting a workplace claim to pursue the claim to resolution2 7,,ii7 the deterrent goals of any statute underlying a workplace claim would be served2 or 7,,iii7 such extension would otherwise further the interests of justice4 7iii7 ,definitions ,in this paragraph3 7,i7 ,material witness ,notwithstanding any other provision of law1 the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that1 to the best of the declarant's knowledge and belief1 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 filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to the violation of applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination4 4