DHS Deferred Action Process in Labor Investigations

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The California Department of Industrial Relations’ Labor Commissioner’s Office (LCO) and Division of Occupational Safety and Health (Cal/OSHA) has posted guidance for workers and their advocates to request that the State submit a Statement of Interest to the U.S. Department of Homeland Security (DHS) in support of immigration-related prosecutorial discretion (deferred action) to facilitate a worksite investigation. Such requests for support will be considered on a case-by-case basis when the divisions are actively investigating potential labor violations at a particular worksite or employer.

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May 2023