"California will begin paying for free legal help with immigration for undocumented farmworkers who are involved in state investigations of wage theft or other labor violations, Gov. Gavin Newsom’s office announced this week.
The $4.5 million pilot program will provide qualifying farmworkers with referrals for legal help with their immigration status.
Roughly half of California’s farmworker population is believed to be undocumented. Fear of deportation and difficulties finding jobs can discourage workers from filing labor complaints or serving as witnesses in cases alleging unsafe work temperatures, wage theft, or employer retaliation for unionizing, officials said...
Respecting immigrant rights
Farmworkers in labor investigations who qualify for the new state program will receive a direct referral to legal services organizations that already offer immigration services, such as the Community Action Board of Santa Cruz County or the United Farm Workers Foundation, which spoke in support of the program.
The free legal services workers could receive include case review, legal advice and representation by an attorney, according to Newsom’s office...
Deferred deportation
State officials said the pilot program aligns with a new Biden administration policy that makes it easier for undocumented workers who are victims of labor rights violations to request deferred action from deportation. Because the federal Department of Homeland Security can’t respond to all immigration violations, it exercises “prosecutorial discretion” to decide who to try to deport.
State officials said they won’t ask for workers’ immigration status, but noncitizens granted this deferred action may be eligible for work authorization.
This year, California labor department officials began supporting undocumented workers’ requests for prosecutorial discretion or deferred action from federal immigration officials, including when employers threaten workers with immigration enforcement to prevent workers from cooperating with state investigators.
“The Department of Industrial Relations’ Labor Commissioner’s Office … was the first state agency to request deferred action from DHS for employees in an active investigation, and that request was successful,” Hickey said. “This is an important process for undocumented workers to be aware of.”"
-via CalMatters, July 21, 2023