This story initially appeared in Labor Notes on Jan. 16, 2025. It’s shared right here with permission.
The next language was compiled from a collection of unions and labor activists. It’s supposed as a useful resource for employees trying to embrace pro-immigrant provisions of their collective bargaining agreements.
BARRING ICE FROM ENTERING THE WORKSITE
The Employer would require that any federal immigration agent, Immigration and Customs Enforcement (ICE) agent, Division of Homeland Safety (DHS) agent, or State and Native legislation enforcement officers adjust to authorized necessities earlier than they might be allowed to interrogate, search or seize the particular person or property of any employee.
Ought to an ICE or DHS agent request to enter the worksite or get hold of or evaluate personnel data, the Employer shall confirm the immigration agent’s credentials, ask the agent why the agent is requesting entry, and require a legal judicial warrant signed by a federal choose. Workers shall not admit ICE brokers primarily based on administrative warrant, ICE detainer, or different doc issued by an company implementing civil immigration legislation.
Ought to an ICE or DHS agent demand entry to the premises or search to interrogate, search, or seize any worker the employer shall instantly notify the union by phone name to the union’s workplace. The foregoing shall not require the Employer to disclaim the DHS or Division of Labor entry to the I-9 varieties, as required by legislation.
If the Firm is served with a validly executed search or arrest warrant, the Firm shall prepare for questioning of employees to happen in as non-public a setting as doable.The Firm will notify the Union if the Firm learns of an immigration investigation concerning a employee inside two (2) days.
PROTECTION OF RIGHTS DURING WORKPLACE IMMIGRATION ENFORCEMENT
If an immigration-related warrant, subpoena or different formal or casual request is issued by a governmental company to the Employer, the Employer will inform affected workers as quickly as doable and provides them a replica of the request inside three (3) calendar days. If the Employer gives the requested paperwork to the company, or permits the company to view them on-site, it should inform affected workers as quickly as doable and provides them copies of the supplied paperwork inside three calendar days.
The Employer will solely adjust to governmental requests, together with requests to enter Employer-controlled workplaces, to the extent strictly required by legislation. The Employer won’t adjust to such requests if the Employer shouldn’t be required to take action by legislation. All workers will likely be notified as quickly as doable of the date and time a authorities company is anticipated to enter a office. No worker will likely be required to work within the workplace that day in the event that they fairly imagine doing so will put them liable to governmental arrest or detainment.
ABSENCE FROM WORK DUE TO IMMIGRATION STATUS
The Employer agrees to work with all workers to offer a possibility to achieve extensions, continuations, or different standing required by america Citizenship and Immigration Service with out taking a depart of absence. If a depart of absence is critical, the Employer agrees to provide permission for the worker to take an unpaid depart of absence for a interval of as much as ninety (90) calendar days and return the worker to work. No worker actively searching for work authorization will likely be terminated whereas on such depart.
The Employer won’t self-discipline or discharge an worker who’s prevented from working for 90 days or much less on account of arrest, detention, incarceration, or non permanent nationwide expulsion by legislation enforcement pursuant to the worker’s citizenship or immigration standing. Such time away from work will likely be handled as paid depart. This paragraph won’t apply if the law-enforcement motion is predicated on or associated to violent crimes, hate crimes, or different actions the Employer believes could jeopardize the protection of its workers or organizational integrity.
In instances the place immigration standing points come up, the Employer will discover various employment choices, together with distant work from one other nation, in compliance with relevant legal guidelines.
Workers could select to have a union consultant current in all issues associated to immigration standing.
EMPLOYEE PRIVACY
Immigration standing is confidential, and the Employer won’t expose private immigration standing info of workers to any events besides as required for the immigration sponsorship course of, as requested by workers in query, as required by legislation, as required to defend the Employer or its workers in authorized proceedings, or as expressly stipulated on this Settlement.
The Employer shall not disclose confidential info regarding workers to Immigration and Customs Enforcement (ICE) or to its brokers, besides as required by legislation. To the extent permitted by legislation, confidential info contains title, handle, and social safety numbers. The Employer agrees to offer immediate written discover to the union if any authorities company, together with ICE, contacts the Employer for any objective involving workers or if the Employer receives a search, arrest or administrative warrant, subpoena, or different request for paperwork. The Employer agrees to promptly present the union with all info concerning these issues that the union requests.
NO-MATCH LETTERS
When and if ICE notifies the Employer that sure workers don’t seem like licensed to proceed their employment, the Employer will notify such workers and supply them with two (2) weeks to current different paperwork, together with these listed on the shape I-9, to determine their work authorization. The employer shall not change the worker’s work standing earlier than such two (2) week interval has handed.
The Employer agrees to promptly present the union with all “no-match” info the Social Safety Administration (SSA) gives the Employer. “No-match” info means worker names or social safety numbers within the Employer’s data didn’t match these in SSA’s data. The Employer additionally agrees to promptly evaluate all its data for any discrepancies and to replace its data with all info it receives from the SSA or from affected workers.
STATUS VERIFICATION AND I-9 AUDITS
The Employer won’t require or demand proof of immigration standing, besides as required by legislation. The Employer won’t require an worker to re-verify their authorization to work besides as required by legislation. Within the occasion the Employer requires an worker to re-verify, it should present them 120 days to take action until a shorter interval is critical to keep away from authorized violations by the worker or the Employer.
The Employer won’t take part within the E-Confirm program until the Employer’s participation in E-Confirm is required by legislation. If The Firm seeks to enroll in E-Confirm or different comparable packages, it shall present discover to the Union. The Union shall have the best to reject such enrollment until the Firm’s participation in E-Confirm is required by legislation.
NON-RETALIATION POLICY
The Employer shall adjust to all lawful requests of workers to alter names and social safety numbers (concerning immigration or in any other case) within the Employer’s data, with out prejudice to their seniority or some other proper below this settlement.
The Employer shall not request info or paperwork from workers or candidates for employment concerning their immigration standing, besides as required by legislation. No employee employed earlier than November 6, 1986, shall be discharged on account of their immigration standing, nor shall any worker be requested to point out authorization to work in the event that they proceed their employment after a short lived absence as outlined within the immigration legislation and rules.
The Employer shall not use an worker’s immigration standing or sponsorship as leverage to barter or coerce them into particular employment phrases and situations. This contains, however shouldn’t be restricted to, requiring an worker to decide to a particular size
of employment, imposing financial situations, withholding or threatening to withhold sponsorship for any purpose, delaying or threatening to delay the immigration course of, and utilizing sponsorship to demand concessions from the worker. Any try to make use of
immigration sponsorship as a instrument for negotiation or coercion will likely be a violation of this Settlement.
IMMIGRATION SPONSORSHIP
The Employer is dedicated to supporting each member of the bargaining unit, together with overseas nationals, by guaranteeing that they’ve entry to complete immigration help and safety from deportation.
The Employer will contact each new bargaining unit worker who’s a overseas nationwide inside two (2) weeks of their begin date to inquire about their present work authorization and immigration standing. In collaboration with the worker, the Employer will design a tailor-made plan to increase their work authorization, renew their visa, or apply for brand spanking new immigration standing as needed.
The Employer shall decide to sponsoring work authorization and different immigration- associated authorized processes for each bargaining unit worker who’s a overseas nationwide as quickly as they turn out to be eligible. The Employer’s immigration staff will contact eligible workers inside two (2) weeks of their eligibility date to start the method with their Consent.
The Employer will provoke discussions with workers who maintain non permanent work authorization not less than 12 months previous to the expiration of their work authorization. These discussions will define accessible visa and work authorization choices primarily based on eligibility,
with a deal with aligning the method with the worker’s long-term objectives, whether or not by means of non permanent or everlasting standing. The Employer will prioritize the pursuits of the worker on this course of.
The Employer will cowl all charges associated to an worker’s visa, inexperienced card, and different immigration sponsorship, together with these required for work authorization renewals and premium processing providers by means of USCIS.
LEGAL SUPPORT
The Employer shall assign an Immigration Liaison to every bargaining unit worker who’s a overseas nationwide. The Immigration Liaison will act as the first contact for all immigration-related issues, guaranteeing that exterior counsel adheres to strict deadlines and offering the worker with updates all through the method. Workers will likely be granted entry to related info and sources as wanted.
Supervisors overseeing overseas nationwide workers will bear necessary immigration coaching, specializing in the authorized nuances of immigration, cultural competency, and non-discrimination practices. Immigration Liaisons or HR Companions will even bear
comparable coaching, guaranteeing all concerned personnel are geared up with the information essential to help workers successfully. Up to date coaching supplies will likely be shared with all workers and the Union.
International nationwide workers present process visa purposes or renewals will likely be supplied weekly check-ins with their Immigration Liaison and authorized representatives from the Employer whereas engaged on immigration paperwork. In periods of inactivity within the immigration course of, the Employer will supply month-to-month check-ins to make sure workers are supported.
The Employer, in collaboration with outdoors counsel, will be sure that bargaining unit members obtain all needed documentation with cheap timeframes to finish the visa course of. Workers will likely be stored knowledgeable of related deadlines, typical approval timelines, and any authorized implications that will affect them or their households. In instances of delays or issues, the Employer will promptly inform the worker and work to resolve the problem.
The Employer shall develop and distribute a complete information for visa holders, outlining their rights and choices. This information will likely be supplied throughout the onboarding course of and up to date commonly. Moreover, protocols will likely be in place to guard worker rights within the occasion of immigration enforcement actions, with clear communication to managers on easy methods to reply.
The Employer will host periodic Know Your Rights coaching classes throughout work hours, educating all workers on their authorized rights when interacting with legislation enforcement or immigration authorities at residence, in public areas, or within the office.
LANGUAGE ACCESSIBILITY
The Employer agrees to translate all employment-related paperwork, together with disciplinary notices, insurance policies, handbooks, procedures, notices, and a replica of the union contract, into the language spoken at residence of its workers utilizing a mutually acceptable translator. The Employer agrees to pay for a mutually acceptable translator to translate throughout all conferences that workers whose language spoken at residence shouldn’t be English are required to attend.
Whereas English is the first language of the office, workers could use the language of their selection amongst themselves.
UNION PARTICIPATION IN RESOLVING IMMIGRATION ISSUES
Within the occasion that an worker has an issue with their proper to work in america, the Employer shall notify the Union in writing previous to taking any motion. The Employer agrees to fulfill with the Union to debate the character of the issue to try to achieve a decision.
DISCLAIMERS
The Employer will adjust to all immigration legal guidelines. If compliance with immigration legal guidelines requires growth of recent insurance policies which change phrases and situations of employment after the enactment of this Settlement, the Employer will negotiate with the Union over the consequences of such insurance policies.
Nothing on this Article shall require the Employer to violate the legislation.
PROTECTION FROM EMPLOYER I-9 AUDITS
See this memorandum of understanding from UE Native 115 (Refresco employees), accessible in each Spanish and English. And see this facet settlement from UE Native 155 (Chasen Fiber Applied sciences) which has even stronger language.
SANCTUARY UNIONS
Wish to flip your union right into a sanctuary union? You’ll be able to entry the Teamsters Joint Council 16 decision right here, and the Nationwide Union of Healthcare Employees’ decision right here. As well as, you’ll be able to entry Come up Chicago’s coaching information on constructing sanctuary unions right here.
ORGANIZING TOOLKIT
Come up Chicago has produced an immigrant employee toolkit that gives an summary of rights and instruments.