To protect victims of crime or serious labor violations from removal during Department of Homeland Security enforcement actions, and for other purposes.
Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who: has suffered substantial abuse or harm resulting from a workplace violation claim; is a victim of specified criminal activity or a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears, or has been the victim of, employer retaliation. An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States. In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed. An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim.
Administrative remediesCrime victimsCriminal investigation, prosecution, interrogationEmployment discrimination and employee rightsForeign laborImmigration status and procedures
To protect victims of crime or serious labor violations from removal during Department of Homeland Security enforcement actions, and for other purposes.
USA115th CongressHR-5908| House
| Updated: 7/24/2018
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who: has suffered substantial abuse or harm resulting from a workplace violation claim; is a victim of specified criminal activity or a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears, or has been the victim of, employer retaliation. An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States. In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed. An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim.
Administrative remediesCrime victimsCriminal investigation, prosecution, interrogationEmployment discrimination and employee rightsForeign laborImmigration status and procedures