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New Undocumented Employee Protections

Updated: Feb 14, 2023

Image of a stamped visa
New Undocumented Employee Protections

This month, the Department of Homeland Security announced a process affording undocumented workers protection from deportation proceedings if they file a workplace related complaint.

There should be no dispute that employees deserve to be treated fairly, and if an employee is being harassed, discriminated against or otherwise mistreated, they should bring it to the employer’s attention so it can be investigated and addressed.

However, what may be an unintended consequence of this regulation is the use of a work-related complaint (even a frivolous one) to be the basis for providing that employee with immigration protections. An employee facing deportation may file a baseless employment claim in order to avoid deportation through the use of these “deferred action” requests.

This should serve as a critical reminder to ALL employers that you must ensure your employees are eligible to legally work in the US by completing a Form I-9 for every employee.

For assistance with your employer needs, contact Gaunce Law at 727-614-0550.


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