New DOL Immigrant Whistleblower Policy

The U.S. Department of Labor recentlyposted a Frequently Asked Questions document to provide workers experiencing a worksite labor dispute with guidance on how to seek the department’s support for their requests to the Department of Homeland Security for immigration-related prosecutorial discretion. For the Department of Labor to carry out the laws its enforces, workers must feel free to participate in its investigations and proceedings without fear of retaliation or consequences related to their immigration status. The department has long supported DHS’ use of prosecutorial discretion – on a case-by-case basis – for certain workers subjected to abusive and exploitative labor practices. For decades, the department has memorialized this relationship through agreements with immigration officials. The most recent 2011 Memorandum of Understanding between the departments of Labor and Homeland Security set forth ways in which the departments will work together to ensure that their respective civil worksite enforcement activities do not conflict, and ultimately advance each department’s mission. The MOU recognizes that effective enforcement of labor law is essential to ensure proper wages and working conditions for all covered workers regardless of immigration status, and that effective enforcement of immigration law is essential to protect the employment rights of lawful U.S. workers. In response to the announcement of a new workers rights policy by the US Department of Labor, groups from the Blue Ribbon Commission on Immigrant Work released the following statements below workers and members of the Blue Ribbon Commission: “For over a year, we have fought to win these protections for workers in Las Vegas. Today we lift up DOL’s announcement, that many more workers across the nation can access the same much-needed and long-awaited protections,” said Rosario Ortiz, worker and member of the Arriba Las Vegas Workers Center. “We are grateful for the courage of workers across Mississippi who have helped make this possible, speaking out, denouncing workplace abuse. But today, our question remains, how and when will Mississippi workers benefit from this policy?” said Lorena Quiroz, Executive Director of the Immigrant Alliance for Justice & Equity of Missis-

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sippi. “After losing six of our community members last year in a preventable nitrogen leak, we are happy DOL has listened to the advocacy of worker groups in the Blue Ribbon Commission. We will continue to push as formerly undocumented workers and their children in GAFU for the protection of workers who have made places like Gainesville, GA the poultry capitol of the world. I eagerly await President Biden to further this initiative so our hardworking manufacturing community can step out of the shadows,” said Maria del Rosario Palacios, Co-founder GA Familias Unidas.

On behalf of the full Blue Ribbon Commission: “If there is progress today it is because immigrant workers in Mississippi, Nevada, Georgia, Connecticut, New Jersey, California, NY, and across the country have been ringing the alarm, and demanding respect and recognition for their labor. Today, our work has only just begun to turn the tide on the crisis of exploitation in the US. “This policy will only be effective if workers are aware that it exists and if they are able to understand and engage in the process that it lays out. We will evaluate this policy based on the results for the many day laborers, poultry workers, and others who face workplace abuse every day. We expect President Biden and his administration knows this, and we welcome DHS Secretary Mayorkas and Secretary Marty Walsh to meet directly with workers to tell them about this policy.” p

Immigrants’ Role in the US Workforce/continued from page 1 Meanwhile, immigrants are playing an increasingly important role in filling these jobs that are critical to U.S. innovation and the American economy. To attract more international STEM talent and strengthen the country’s global competitiveness, the White House announced a series of administrative actions earlier this year. These policy changes provide more opportunities for American institutions and businesses to connect with STEM researchers, professionals, and students around the world. Aiming to unpack these policy changes, the American Immigration Council has released five STEM guides with lists of frequently asked questions. The guides explore how different groups can participate in the initiatives—as institutions, employers, or individuals. The guides have covered these five federal STEM initiatives: •An Early Career STEM Research Initiative, aiming to match U.S. companies interested in hosting nonimmigrant J-1 exchange visitors in STEM fields with program sponsors. •The inclusion of 22 new fields of study in the STEM Optional Practical Training (OPT) program. •An update to the USCIS policy manual on the O-1 visa category regarding how the agency determines eligibility. •An update to the USCIS policy manual on national interest waivers (NIWs) in the immigrant category for people with advanced degrees in STEM fields, with letters from U.S. government agencies of quasigovernmental entities, or are entrepreneurs. •An extension of academic training of up to 36 months for J-1 exchange visitors in STEM fields. Along with the launch of the STEM guide, the Council has also released a factsheet that provides the latest data on the characteristics and contributions of foreign-born STEM Workers in the United States. Using data from the American Community Survey, the fact sheet—focused on a set of 70 STEM occupations—shows that immigrants made up almost one-fourth, or 23.1%, of all STEM workers in the United States in 2019. This is a large jump from their share of 16.4% in 2000. Between 2000 and 2019, the number of immigrant STEM workers in the country more than doubled— from 1.2 million to 2.5 million—as the number of all STEM workers grew 44.5% during this period. While STEM workers tend to be highly educated, immigrant STEM workers still stand out in their level of educational attainment. About 86.5% of immigrant STEM workers held at least a bachelor’s degree in 2019, compared to 67.3% of U.S.-born STEM workers. Nearly half, or 49.3%, of immigrant STEM workers had an advanced degree in 2019. Since immigrant STEM workers have skills that tend to complement those of their U.S.-born co-workers, they play a significant role in increasing productivity and innovation in the workplace. This raises the revenue of their companies and allows their employers to hire more workers locally in the United States. Previous research found that every additional 100 foreignborn workers with advanced degrees in STEM fields create roughly 86 jobs for U.S.-born workers. The data shows that more than one in four immigrant STEM workers came from India, followed by China, Mexico, and Vietnam. The computer and math fields, which have the largest number of STEM workers, experienced the biggest increase in the foreign-born share of its workforce, from 17.7% in 2000 to 26.1% in 2019. The engineering group also saw a growing share of immigrants in its workforce, from 14.8% in 2000 to 19.5% in 2019. During this same period, the share of STEM workers who are female has increased slightly, but women remain underrepresented among STEM workers. In 2019, women made up only 26.8% of all STEM workers and 27.2% of all immigrant STEM workers. The factsheet provides more state-level analysis of the foreign-born STEM workforce. In total, there were 15 states in which immigrants made up at least one-fifth of all STEM workers in 2019. More institutions, employers, and individuals should engage with the White House STEM Initiatives to strengthen the country’s STEM workforce, boost U.S. innovation, and create more jobs for American workers.p

Jobs & Recession What Services Can a Paralegal Provide?

BY THE CHAMBER COALITION

The legal profession includes many individuals who are not actually lawyers. This, however, doesn't mean that they cannot do any legal work. There are plenty of services that can be provided by a paralegal, and these services can make all the difference in your case. Paralegals can perform substantive legal work that has been delegated to them by a lawyer. They often have a mix of work experience, education, and professional training that qualifies them for this job. Below are some of the services that you can request from a paralegal.

Preparation of Documents Have you ever wondered how a lawyer is able to show up to different court cases on the same day and still have all the documents they need? This is usually because they have a team of paralegals to whom they delegate this work. Individuals in this profession are very good at preparing legal documents. From briefs and contracts to agreements, paralegals have the knowledge and experience to get these documents ready in a short amount of time. Providing Legal Information to a General Audience Paralegals can't offer legal advice to someone. However, they can provide legal information to a general audience. There are many individuals around the country who are unaware of their legal rights in various situations. Employees, tenants, and other parties might be forced to endure certain conditions simply because they are unaware that the law is on their side. A paralegal can be brought in to provide some legal information to such an audience so they are more aware of where the law stands when it comes to certain issues or how they can go about getting legal aid if they need it. Explaining Procedural Issues of Law Many people who have never been to court before will be surprised at how certain things are handled. You could spend a day getting ready to argue your case only for proceedings to be postponed. One reason for this is court procedures. There are many procedures that courts are required to follow and paralegals can explain these to you. Representing Parties in Administrative Law Hearings An administrative agency can allow a paralegal to represent you at an administrative hearing. However, if the case is appealed to a court, you'll have to find a lawyer to represent you.

Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.

Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.p

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