If you are a Latino immigrant working in the United States, it is essential to know what your labor rights are. The law establishes basic protections for all workers, regardless of their immigration status.
Knowing this information can make a difference if you face situations of abuse, exploitation or discrimination in your workplace.
Know your labor rights as a migrant in the U.S.
Immigrants represent about 18% of the labor force in the country, according to the National Immigration Law Center.
A large part of them work in low-wage sectors such as agriculture, construction, cleaning and domestic services.
These areas tend to register more labor violations, especially against those without immigration authorization.
Among the basic labor rights that apply to all migrants in the U.S. are:
Minimum wage and timely payment: The Department of Labor (DOL) ensures that the federal minimum rate and state laws are followed, including for undocumented workers.
Safe work environment: The Occupational Safety and Health Administration (OSHA) ensures that employers maintain spaces free of health hazards.
Protection against retaliation: no worker may be punished for reporting abuses or collaborating in labor investigations.
Non-discrimination: The Equal Employment Opportunity Commission (EEOC) regulates that there are no discriminatory practices in hiring or in daily work.
Jessie Hahn, an attorney with the National Immigration Law Center, points out that everyone, regardless of immigration status, “deserves a fair wage, a safe work environment, and the ability to report abuses without fear.”
Obstacles faced by undocumented migrants in the workplace
Although the law protects all employees, undocumented migrants often face more difficulties in exercising their labor rights.
According to University of Illinois Chicago professor Xóchitl Bada, many are afraid to report abuses because of the risk of retaliation or deportation, especially under the presidency of Donald Trump, who has adopted more restrictive immigration policies.
The main obstacles include:
Fear of deportation: unscrupulous employers use the threat of calling immigration authorities as a form of intimidation.
Legal limitations: an undocumented worker illegally fired for attempting to unionize cannot be reinstated or receive back wages, unlike a citizen or authorized resident.
Language and economic barriers: many are not fluent in English and do not have the resources to pay for private attorneys.
The result is that thousands of undocumented migrants in the U.S. suffer wage theft, underpayment and poor working conditions.
Paradoxically, despite these difficulties, they contribute more than $96 billion annually in federal, state and local taxes, according to the Institute for Tax and Economic Policy.
Labor protection programs for migrants in the U.S.
In 2023, the Department of Homeland Security launched Deferred Action for Labor Enforcement (DALE), a program that temporarily protects those who report workplace abuses from deportation.
It also grants work permits for the duration of the investigation.
This mechanism has allowed more migrants to report without fear.
However, with Trump returning to the White House in 2025, the future of the program is uncertain.
Although its official cancellation has not been announced, community organizations have stopped promoting it for fear that applicants’ data will be shared with immigration control agencies.
For lawyers and activists, such as Yvonne Medrano of Bet Tzedek Legal Services, this uncertainty may lead to an increase in wage theft and labor exploitation, because many workers will prefer to remain silent rather than expose themselves to immigration consequences.
How to protect yourself from labor abuses and immigration raids
The National Immigration Law Center reminds that, regardless of the president or current policy, all U.S. residents have basic constitutional rights.
If you are a migrant and are facing labor problems or an immigration operation, keep in mind the following:
Keep important documents: carry with you evidence of residency, pending legal cases or your A-number if you have one.
Know your rights: you have the right to remain silent, not to sign documents without a lawyer and to refuse to open the door without a valid court order.
Seek reliable help: there are Department of Labor hotlines and community organizations that offer free counseling.
Prepare emergency contacts: family or friends should know how to reach you in case of detention, including using the ICE detainee locator.
These measures are key to reducing risks and defending your labor rights as a migrant in the U.S., even in a political context that is more hostile to the immigrant community.
This article was originally published in Nueva News.
