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Primer: Employment Verification for Immigrants with Temporary Protected Status (TPS)
Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility
Temporary Protected Status (TPS) is an immigration benefit granted by the Department of Homeland Security (DHS) to eligible individuals. Those with TPS must follow particular guidelines regarding employment status as must their employers. The primer linked above has been posted to the web by the Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS). It explains TPS and provides guidance to employees and employers regarding the employment verification process for those with TPS. Finally, it provides USCIS contact information for those seeking additional information or assistance.
UPCOMING EVENTS
California Advocates - Immigrant Workers' Rights Webinars
September 15, 2010, 10:00am - 11:30am
I-9 Issues and Immigrant Workers
MCLE application pending
WHO SHOULD ATTEND: Immigrant worker advocates & attorneys seeking to gain knowledge and expertise on worksite immigration issues.
WHY YOU SHOULD ATTEND:
With the current administration's shift in immigration enforcement efforts from workplace raids to reliance on I-9 audits (while still conducting some workplace raids) we have witnessed their devastating impact on immigrant workers. These desktop raids harm workers and disrupt their ability to enforce their labor rights. This webinar will cover the I-9 process, the anti-discrimination provisions in the Immigration and Nationality Act, I-9 audits and their impact on immigrant workers, and reverification of work authorization documents including their impact on workers and how immigrant worker advocates can respond.
To register for the I-9 webinar please click here.
(http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=vY%2F5i4M3%2Fto1roqbA3Syye9G07OV%2BHu5)
September 29, 2010, 10:00am - 11:30am
E-Verify, FAR Rule, Social Security Number Verification Programs
MCLE application pending
WHO SHOULD ATTEND: Immigrant worker advocates & attorneys seeking information employment verification systems and their implications for immigrant communities
WHY YOU SHOULD ATTEND:
Since its creation as the Basic Pilot program E-Verify has been racked with problems and errors which have invariably led to the unreasonable firing of countless workers. In the past 10 years we have seen the use of E-Verify grow exponentially as more and more states and localities require employers to use E-Verify. The implementation of the Federal Acquisition Regulation (FAR) forces federal contractors to sign up and use E-Verify as well.
Since some no-match letters were blocked by litigation, employers have begun to rely on other social security verification programs. These programs, such as the Social Security Number Verification Service (SSNVS), were never designed to be used to determine employment eligibility.
The second webinar will focus on the E-Verify program and on issues arising from misuse of SSNVS. It will also cover specific examples in California where localities have tried to mandate or expand E-Verify.
To register for the E-Verify/Social Security Issues webinar please click here.
(http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=twwFgvV9iUiNTaR2mMcReeJQ3SnvpopC)
GET THE NLG Labor & Employment Committee manual!!!
IMMIGRANT WORKERS RIGHTS: Resources for Labor & Employment Attorneys
Designed to be used by lawyers, union representatives, and workers to defend these rights.
The NLG L&EC Project on Immigrant Workers' Rights
The National Lawyers Guild is currently fighting on a variety of fronts, including a growing anti-immigrant sentiment. The L&EC recognizes immigrant workers are the fastest growing segment of the workforce and the backbone of recent successful organizing efforts among low-wage workers. Of these workers, some six million are undocumented, subjecting them to additional hardships if fired during a union organizing drive or subjected to other forms of workplace discrimination or retaliation.
Although documented and undocumented workers are protected by federal labor law, the recent US Supreme Court decision in Hoffman Plastic Compounds, Inc., v. NLRB and subsequent federal and state court decisions interpreting Hoffman have changed the landscape regarding immigrant workers' labor and employment rights. Remedies previously available to undocumented workers are being constantly challenged by corporate lawyers. In addition, employers increasingly rely on Social Security No Match Letters to undermine unions and destroy union organizing drives.
The Guild Labor & Employment Committee developed materials to aid labor and employment attorneys, the union movement and individual workers. The materials outline labor and employment rights of immigrant workers to be used by lawyers, union representatives and workers to defend these rights.
This materials are the product of a collaboration among the NLG Labor & Employment Committee, the National Immigration Law Center [NILC] and the AFL-CIO. We particularly would like to thank Anita Sinha (anitasinha11@gmail.com) and Marielena Hincapié (hincapie@nilc.org) of NILC and Ana Avendaño (aavendan@aflcio.org) of the AFL-CIO's General Counsel's office for drafting these materials. Special thanks as well to the attorneys who helped by contributing materials they previously developed and who reviewed these materials.
These materials are designed for lawyers and legal workers, including union representatives. The last three sections contain materials designed specifically for immigrant workers that unions can use when organizing or training immigrant workers.
UPDATES. Updates are available on the NILC website. We welcome your comments, suggestions and additions to these materials.
The Labor & Employment Committee can provide training for lawyers and union representatives on how to use this material effectively, train the trainer programs for lawyers so they may train others, and train the trainer program for union representatives so they may present the material to stewards or immigrant workers directly. If you are interested in a program, hosting, or participating as a panelist, please contact one of us.
TO ORDER A MANUAL The Immigrant Workers' Rights - A Resource Manual is available for purchase for $35 payable to the NLG L&EC. Contact us at fschreiberg@kazanlaw.com or download an order form. Send the form and your check to the NLG L&EC - see contact information - and we will send you a copy.
Resources for Labor & Employment Attorneys
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Labor & Employment Committee
