Breakthrough ICE neutrality pledge protects workers – 8/21/13

One week into their campaign, Jamaican guestworkers fighting against labor abuse they exposed in Florida won a breakthrough pledge from federal immigration authorities not to collude with their employer in deporting them.

In an unprecedented written communication, the Miami field office of Immigration and Customs Enforcement (ICE) invoked the authority of two key documents that are supposed to govern how ICE operates internally: the December 2011 Memorandum of Understanding between the Departments of Homeland Security and Labor, and the June 2011 Prosecutorial Discretion Memo that specifically limits enforcement against certain victims, witnesses, and plaintiffs.

This breakthrough comes after years of community pressure on ICE not to carry through on employer threats of retaliatory deportation. In 2008, workers from India exposed how ICE was colluding with their employer to prevent them from expose labor trafficking. Since then, workers have fought for this protection from Justice@Hershey’s in 2010, to Breaking Chains at Walmart in 2012, to Jamaican Workers for Change today.

With this protection in hand, the Jamaican workers’ civil and labor rights will be secure as they fight to be made whole by their employers, and to help win immigration reform with strong worker protections. The pledge they won from ICE in Miami is also a precedent for other groups of workers to win similar pledges all around the country during civil and labor rights disputes. As the 11 million fight for comprehensive immigration reform, they’re also fighting for strong worker protections, and this pledge is one way to win them.

This victory also vindicates our fight for the POWER Act, a bill that protects immigrant whistleblowers who come forward against abuse—while also protecting the U.S. workers alongside them. We’re won inclusion of the POWER Act in the Senate immigration bill. Now we need to ensure it passes the House as well.

We look forward to working with you as the Jamaican workers fight on to win justice for themselves, and dignity for all the 11 million.

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