DHS Issues Worksite Enforcement Memo to Improve Working Conditions of Undocumented Workers

DHS recently called for improved working conditions of the American worksite with undocumented workers in mind. In its Worksite Enforcement Memo, DHS highlighted the unsafe and unfair working conditions to which undocumented immigrants are often subject. These include getting paid substandard wages, unsafe working conditions, and fear of employer retaliation.

To ensure a safer and more dignified labor market in the U.S., DHS will no longer conduct mass worksite operations (i.e., raids) that may result in simultaneous arrests of hundreds of workers. The memo also asks DHS agencies to propose recommendations to protect foreign victims and witnesses who report certain unlawful practices or those who choose to patriciate in investigations or prosecutions. Furthermore, DHS seeks to reduce the demand for illegal employment by implementing more severe consequences for “exploitative employers and their agents.” Finally, the memo calls for an improved and more comprehensive coordination between DHS, the Department of Labor, the Department of Justice, the Equal Employment Opportunity Commission, the National Labor Relations Board, and state labor agencies.

The above principles are part of the Biden Administration’s ongoing efforts to improve policies impacting undocumented workers.