Information for Undocumented Workers

Acceso en español mediante la herramienta de traducción del sitio web

know your rights- immigration resources to prepare yourself and your family for an immigration emergency

First Shift Justice Project assists all workers in enforcing their legal rights.

answers to questions you might have about your rights in the workplace as an undocumented worker:

Undocumented Workers Have the Right to:

  • Employment free from discrimination on the basis of protected class or status (ex: race, national origin, pregnancy, disability, etc.). This includes discrimination based on requests for family/medical leave or requests for pregnancy accommodations.

    • Discrimination is unfair or different treatment because of a protected class or status. Examples include: negative comments, not being promoted, being fired, or having your hours reduced because you are pregnant.

  • Request job-protected leave, pregnancy accommodations, and breastfeeding accommodations.

    • Accommodations are temporary changes to work tasks or environment

  • Employment free from retaliation because they asserted their right to be free from employment discrimination.

    • You should not be treated unfairly because you asserted your rights.

  • Receive paid family leave benefits through the D.C. Office of Paid Family Leave

    • Workers without a Social Security Number (SSN) can apply with an Individual Taxpayer Identification Number (ITIN)

      • Using an ITIN does not impact eligibility.

      • Note: The approval process is longer if using an ITIN.

  • File a complaint with a government agency if any workplace rights have been violated. They will investigate claims regardless of the worker’s immigration status.

    • First Shift supports workers through this process.

  • Apply for workers’ compensation.

    • Note: Virginia limits workers compensation benefits for undocumented workers to medical benefits, including temporary disability, permanent disability, and permanent impairments.

Challenges for Undocumented Workers:

  • Reporting relationships of government agencies to the federal government: If you have questions about reporting relationships, please reach out to First Shift

  • While undocumented workers have employment rights against discrimination, an employer must terminate them if they become aware of a lack of authorization to work.

    • But an employer CANNOT use immigration status as an excuse to fire undocumented workers who assert their workplace rights.

  • Undocumented workers may have limited remedies if they file a complaint.

    • They may not be eligible for relief in the form of back pay, front pay, or reinstatement if they are found to be unauthorized to work.

  • In the event of termination, undocumented workers are not eligible for unemployment compensation.

Your Options as an Undocumented Worker:

  • You can make a request for deferred action.

    • The Department of Homeland Security (DHS) may grant a worker’s permit and immunity from deportation for a period of 2 years. This allows undocumented workers to assert their employment rights without fear of deportation.

      • Deferred action does not give legal status. BUT while deferred action is in effect, the applicant is authorized to stay in the U.S.