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National Wage and Hour Clearinghouse

Report: Balance Us Labor Law, Border Enforcement

Tuesday, October 27, 2009

Bush administration workplace immigration raids interfered with labor investigations and allowed employers to exploit workers who complained about them, labor groups said in a report released Tuesday.

The stepped-up immigration enforcement came at the expense of rigorous enforcement of labor protections that are guaranteed to all workers regardless of immigration status, the groups said.

"The single-minded focus on immigration enforcement without regard to violations of workplace laws has enabled employers with rampant labor and employment violations to profit by employing workers who are terrified to complain," said authors of the report by the labor union confederation AFL-CIO, the National Employment Law Project and the American Rights at Work Education Fund.

The groups call on the Obama administration to balance immigration and labor law enforcement.

They recommend a return to the type of agreement forged in 1998 between the Labor Department and the now-defunct Immigration and Naturalization Service. It established rules for cooperation but prohibited immigration enforcement from trumping labor law enforcement to ensure immigrant employees would not fear complaining about problem employers.

"You can do both: You can enforce immigration laws, and you can protect the workers who are being victimized by unscrupulous employers," said Julie Martinez Ortega, American Rights at Work research director.
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