Get Help Now:
National Human Trafficking Hotline (24/7, Confidential, 200+ Languages)
Text: 233733 | Chat: humantraffickinghotline.org
Rights for Immigrant & Undocumented Workers
You have workplace rights regardless of immigration status.
These protections apply to everyone working in the United States.
If You're Under 18 and Need Help Right Now
These hotlines are FREE, confidential, and available 24/7. They will NOT report you to immigration.
You Are Not Alone - Many Immigrant Children Face These Challenges:
All statistics verified through U.S. government sources
152,000
Unaccompanied children entered U.S. in 2022
Source: U.S. CBP
85,000
Children Health and Human Services lost contact with after placement
Source: U.S. Department of Health and Human Services OIG
4-7 years
Average wait for asylum hearing
Source: TRAC Immigration
If you're under 21, you can get a FREE lawyer to help you with immigration cases, deportation defense, asylum applications, and more. You do NOT need money - these organizations help children for free.
What is SIJS? (Special Immigrant Juvenile Status)
SIJS can give you legal status and a path to a green card if your parent(s) abused, abandoned, or neglected you.
You may qualify if:
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You're under 21 years old
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You're unmarried
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You're in the United States
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Your parent(s) abused, abandoned, or neglected you
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A U.S. court says it's not safe for you to go back to your home country
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Going back to your parents is not in your best interest
Call KIND at (212) 659-6430 to see if you qualify for SIJS - it's FREE.
Your Immigration Status Does NOT Matter
Federal Labor Laws Protect You
Minimum wage, child labor, and safety laws apply to ALL workers documented or not
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You MUST be paid at least $7.25/hour (federal minimum)
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You MUST be paid for EVERY hour worked
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If under 18: You CANNOT work in hazardous jobs
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Your employer broke the law by hiring you without papers - that's THEIR crime, not yours
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Supreme Court confirmed: Undocumented workers ARE protected by FLSA
DOL Won't Report You
The Department of Labor does NOT share information with immigration enforcement
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DOL's job is worker safety, NOT immigration enforcement
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Federal policy PROHIBITS sharing your information with ICE
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You can file complaints anonymously
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FREE interpreters provided in your language
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Even if your employer threatens to call ICE, that threat itself is illegal and reportable
Retaliation is Illegal
Employers cannot threaten to call ICE or fire you for reporting violations
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Firing you for reporting violations = Federal crime ($15,000 penalty PER incident)
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Threatening to call immigration = Illegal witness tampering (criminal offense)
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Reducing hours/pay after you complain = Illegal retaliation (you can sue)
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Actually calling ICE as revenge = Criminal act (employer faces prosecution)
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If retaliated against: You may qualify for U-Visa (path to legal status)
Federal law protects ALL workers. Here's what that means:
U.S. Department of Labor (DOL)
• Wage and Hour Division enforcement data
• Child labor violation reports
• Civil money penalty records
Source: dol.gov/agencies/whd​
Government Accountability Office (GAO)
• Federal contractor compliance reports
• Infrastructure spending analysis
Source: gao.gov​
Bureau of Labor Statistics (BLS)
• Youth employment statistics
• Workplace injury data
Source: bls.gov​
State Labor Departments
• State-specific child labor laws
• State enforcement actions
Source: Individual state government websitesFederal Legislation
• Infrastructure Investment and Jobs Act (H.R. 3684)
• CHIPS and Science Act (H.R. 4346)
• Inflation Reduction Act (H.R. 5376)
• Fair Labor Standards Act (29 U.S.C. § 201)
Source: congress.gov​
State Legislation
• Individual state legislative databases
• Verified through official state government websitesAll Statistics
• Cross-referenced with primary government sources
• Verified through official reports and databases
• Dated to indicate currency of information
• Cited with direct links where available​
Policy Analysis
• Based on original legislative text
• Compared across multiple authoritative sources
• Reviewed for accuracy, context, and consistencyWe acknowledge the following limitations:
• Some state-level data is incomplete or unavailable
• Enforcement data likely underrepresents the full scope of violations
• Geographic disparities exist in reporting and enforcement practices
• Ongoing policy and regulatory changes may outpace updates
U.S. Department of Labor (DOL)
• Wage and Hour Division enforcement data
• Child labor violation reports
• Civil money penalty records
Source: dol.gov/agencies/whd​
Government Accountability Office (GAO)
• Federal contractor compliance reports
• Infrastructure spending analysis
Source: gao.gov​
Bureau of Labor Statistics (BLS)
• Youth employment statistics
• Workplace injury data
Source: bls.gov​
State Labor Departments
• State-specific child labor laws
• State enforcement actions
Source: Individual state government websitesFederal Legislation
• Infrastructure Investment and Jobs Act (H.R. 3684)
• CHIPS and Science Act (H.R. 4346)
• Inflation Reduction Act (H.R. 5376)
• Fair Labor Standards Act (29 U.S.C. § 201)
Source: congress.gov​
State Legislation
• Individual state legislative databases
• Verified through official state government websitesAll Statistics
• Cross-referenced with primary government sources
• Verified through official reports and databases
• Dated to indicate currency of information
• Cited with direct links where available​
Policy Analysis
• Based on original legislative text
• Compared across multiple authoritative sources
• Reviewed for accuracy, context, and consistencyWe acknowledge the following limitations:
• Some state-level data is incomplete or unavailable
• Enforcement data likely underrepresents the full scope of violations
• Geographic disparities exist in reporting and enforcement practices
• Ongoing policy and regulatory changes may outpace updates
Your Workplace Rights (Yes, Really!)
You Must Be Paid
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At least minimum wage ($7.25 federal, higher in many states)
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For ALL hours worked
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Overtime if you work 40+ hours/week
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On time, every pay period
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Your tips (cannot be taken)
You Must Be Safe
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Safe working conditions
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Protective equipment provided
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Safety training in your language
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No exposure to hazards without protection
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Report unsafe conditions without fear
If You're Under 18
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Protected by child labor laws
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Cannot work in hazardous jobs
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Limited hours during school
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Must be at least 14 for most jobs (16 for some)
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Special protections apply to you
You Can Speak Up
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Report violations to DOL
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File complaints anonymously
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Request interpreter services
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Join with coworkers
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Cannot be punished for reporting
Your Questions Answered
That's illegal retaliation. Employers cannot threaten deportation, call immigration authorities, or fire you for reporting workplace violations. If they do, that's a separate crime with serious penalties. The Department of Labor will investigate threats like this.
Report this immediately to DOL. Document everything. You may qualify for a U-Visa as a crime victim.
Reporting workplace violations does not trigger deportation. In fact, if you're a victim of serious labor trafficking or abuse, you may qualify for special visas (U-visa or T-visa) that allow you to stay in the U.S. legally while your case is investigated. See below for details.
YES. You can file a wage claim for up to 2-3 years of back wages (varies by state). You don't need to still work there.​
No. The Department of Labor (DOL) does NOT share your information with ICE or immigration enforcement. DOL's job is to protect workers, not enforce immigration law. They investigate workplace violations regardless of your status and keep your information confidential. If you're a crime victim, you may actually qualify for legal status (U-Visa or T-Visa).
You still have rights. Federal labor laws protect ALL workers in the United States, regardless of immigration status or documentation. Your employer broke the law by hiring you without documents - that's their violation, not yours. You're still entitled to be paid for work performed and to safe conditions.
This is called "debt bondage" and it's a form of human trafficking. You are NOT required to work to pay off smuggling debts. If someone is forcing you to work by threatening you or your family, call the National Human Trafficking Hotline immediately: 1-888-373-7888 (24/7, confidential, multilingual).
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No. DOL does the investigation for free. However, free legal help is available if you want it: immigrationadvocates.org/nonprofit/legaldirectory
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Your Questions Answered
"Will my employer call ICE if I complain?"
That's illegal retaliation. Employers cannot threaten deportation, call immigration authorities, or fire you for reporting workplace violations. If they do, that's a separate crime with serious penalties. The Department of Labor will investigate threats like this.
"Will the government report me to immigration if I file a complaint?"
No. The Department of Labor (DOL) does NOT share your information with ICE or immigration enforcement. DOL's job is to protect workers, not enforce immigration law. They investigate workplace violations regardless of your status and keep your information confidential.
"What if I don't have a Social Security number or work permit?"
You still have rights. Federal labor laws protect ALL workers in the United States, regardless of immigration status or documentation. Your employer broke the law by hiring you without documents - that's their violation, not yours. You're still entitled to be paid for work performed and to safe conditions.
"Can I be deported for reporting my employer?"
Reporting workplace violations does not trigger deportation. In fact, if you're a victim of serious labor trafficking or abuse, you may qualify for special visas (U-visa or T-visa) that allow you to stay in the U.S. legally while your case is investigated. See below for details.
"What if I owe money to someone who brought me here?"
This is called "debt bondage" and it's a form of human trafficking. You are NOT required to work to pay off smuggling debts. If someone is forcing you to work by threatening you or your family, call the National Human Trafficking Hotline immediately: 1-888-373-7888 (24/7, confidential, multilingual).
Federal Laws That Protect You
These Laws Apply Regardless of Immigration Status
Fair Labor Standards Act (FLSA)
Requires minimum wage, overtime pay, and child labor protections for all workers. Covers undocumented workers fully.
Occupational Safety and Health Act (OSHA)
Requires safe workplaces, protective equipment, and hazard-free conditions for all workers regardless of status.
National Labor Relations Act (NLRA)
Protects your right to organize with coworkers, discuss wages, and improve working conditions. Applies to undocumented workers.
Anti-Retaliation Protections
Employers cannot fire, threaten, reduce pay, or call immigration authorities in retaliation for reporting violations or exercising your rights.
Trafficking Victims Protection Act
If you're forced to work through threats, violence, or debt bondage, you're a trafficking victim with special protections and visa options.
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You May Qualify for Legal Status
If you've been a victim of workplace abuse, trafficking, or serious crimes, special visas allow you to stay in the U.S. legally while helping with investigations.
U-VISA
Who qualifies: Victims of serious crimes (including workplace crimes like trafficking, assault, extortion) who help law enforcement investigate.
Benefits:
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Legal status for up to 4 years
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Work authorization
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Path to green card after 3 years
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Family members may qualify too
Examples of qualifying crimes: Labor trafficking, involuntary servitude, extortion, assault, sexual abuse, witness intimidation
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Federal Legislation
• Infrastructure Investment and Jobs Act (H.R. 3684)
• CHIPS and Science Act (H.R. 4346)
• Inflation Reduction Act (H.R. 5376)
• Fair Labor Standards Act (29 U.S.C. § 201)
Source: congress.gov​
State Legislation
• Individual state legislative databases
• Verified through official state government websitesNational Immigration Law Center: (213) 639-3900
Immigrant Legal Resource Center: (415) 255-9499
RAICES: (210) 226-9300 (Texas)
Free legal help: immigrationadvocates.org/nonprofit/legaldirectory
Special Visas for Crime & Trafficking Victims
You May Qualify for Legal Status
If you've been a victim of workplace abuse, trafficking, or serious crimes, special visas allow you to stay in the U.S. legally while helping with investigations.
U-VISA
For Crime Victims
Who qualifies: Victims of serious crimes (including workplace crimes like trafficking, assault, extortion) who help law enforcement investigate.
Benefits:
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Legal status for up to 4 years
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Work authorization
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Path to green card after 3 years
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Family members may qualify too
Examples of qualifying crimes: Labor trafficking, involuntary servitude, extortion, assault, sexual abuse, witness intimidation
T-VISA
For Trafficking Victims
Who qualifies: Victims of severe human trafficking (forced labor, sex trafficking, debt bondage) who cooperate with investigations.
Benefits:
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Legal status for up to 4 years
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Work authorization
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Path to green card after 3 years
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Family members may qualify too
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Access to federal benefits
Signs of trafficking: Forced to work to pay debts, threats against you/family, passport taken, cannot leave job freely, physical/sexual abuse
Get Help Applying:
National Immigration Law Center: (213) 639-3900
Immigrant Legal Resource Center: (415) 255-9499
RAICES: (210) 226-9300 (Texas)
Free legal help: immigrationadvocates.org/nonprofit/legaldirectory
Organizations That Help Immigrant Workers
Critical Things to Remember:
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You cannot be deported for reporting workplace violations - DOL does not enforce immigration law
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Employers who threaten ICE are breaking the law - this is illegal retaliation that can be reported
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You are entitled to wages for work performed - even if you were hired illegally, you must be paid
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Labor trafficking is a serious crime - if you're forced to work through threats or debt, call 1-888-373-7888
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Unaccompanied minors have special protections - contact Office of Refugee Resettlement at 1-800-203-7001
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Many immigrant legal services are FREE - you don't need money to get help
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You have the right to speak your language - interpreters are provided free during investigations
