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Will you be deported for reporting discrimination or harassment?

On Behalf of | Apr 24, 2020 | Discrimination

As an undocumented worker, you live with enough stress and worry as is. Workplace discrimination or harassment can create even more anxiety, especially as you contemplate what you should do about it. If you report your employer, can the government deport you?

Despite your undocumented status, you still have many of the same rights and protections as documented workers and U.S. citizens. Workplace Fairness explains those rights, as well as the impact your immigration status may have on your claim.

Relevancy of immigration status

Per the organization, a federal agency may not consider your immigration status when it investigates your claim. Moreover, Immigration and Customs Enforcement pledges to respect the right of labor workers despite their immigration status. ICE is the agency responsible for deportation decisions. To uphold its promise, it requires all ICE agents to protect undocumented workers against illegal workplace activities.

If it catches wind of a discrimination complaint presented by an undocumented worker or workers, the ICE has a duty to exercise favorable discretion in certain instances. Those include the following:

  • When it has reason to believe a legitimate labor dispute exists
  • When you are engaged in union activity
  • When you make a complaint to authorities
  • When you file a lawsuit for employment discrimination, civil liberties or civil rights

“Favorable discretion” means you may enjoy release from detention and a stay of removal or deferral.

Workplace Fairness warns that even though the law may protect you against deportation, filing a claim against your employer comes with considerable risk. It advises you to speak with an attorney knowledgeable in this area before proceeding.

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