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Scared to report your employer? Learn about migration relief!

We have exciting news! Thanks to years of workers’ and allied organizations’ advocacy, the Department of Labor (DOL) released a new frequently asked questions (FAQ) guide that will help protect immigrant and migrant workers involved in labor disputes by supporting their applications for immigration relief. Centro de los Derechos del Migrante, Inc. is grateful to have worked on this advocacy with workers and allied organizations and unions, including the AFL-CIO, Farmworker Justice, Jobs with Justice, the National Day Laborer Organizing Network, the National Domestic Workers Alliance, the National Employment Law Project, the National Immigration Law Center, SEIU, Unemployed Workers United, and others.

The July 6, 2022, FAQ shares critical information about how immigrant and migrant workers can ask for DOL’s support in seeking immigration relief from the Department of Homeland Security (DHS). (You can learn more about immigration relief below.) The FAQ also describes how DOL will protect migrant and immigrant workers involved in labor disputes by helping to prevent and address immigration-related retaliation by employers. We expect that DHS will soon announce its process for responding to immigrant and migrant workers’ Sol (una herramienta digital en nuestro Portal Migrante) requests for immigration relief, and we’ll share information with you when we receive it. 

What is immigration relief? Immigration relief can protect migrant and immigrant workers from retaliation when they complain about workplace rights violations. Many people fear their employer will retaliate against them if they complain about workplace rights violations. Some employers threaten to retaliate by calling immigration enforcement. Immigration relief can give qualifying workers access to certain immigration protections and work authorization so that they can safely leave an abusive employer without fearing retaliation.

How does the immigration relief process work? DOL will consider requests for support for immigration relief from workers and workers’ advocates. If DOL agrees with the request, it will provide a Statement of DOL Interest to DHS. Ultimately, DHS—not DOL—has the power to give immigrant and migrant workers immigration relief. But DOL statements will help support workers’ requests for immigration relief from DHS. DOL will consider requests for statements on a case-by-case basis. DOL won’t provide a Statement of DOL Interest in every case.

How can I request a Statement of DOL Interest?

If you want help requesting a statement of DOL Interest, contact CDM by visiting Sol or calling 01-800-590-1773 if you’re in Mexico or 1-855-234-9699 if you’re in the United States.

DOL also accepts requests directly from workers. You can read about the process for directly contacting DOL to ask for a Statement of DOL Interest here. We always recommend talking with a lawyer about your rights before contacting the government. And never include personally identifiable information—like your birthdate, Social Security Number, or Alien Registration Number, past migration history, or current immigration status—if you communicate directly with DOL.

Are you looking for legal help because you’ve experienced a problem at work, or do you want to apply for immigration relief? CDM can help! Contact CDM by visiting Sol or calling 01-800-590-1773 if you’re in Mexico or 1-855-234-9699 if you’re in the United States.

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