(ALBANY, NEW YORK) - The New York State Workers' Compensation Board has joined a wider State effort in shielding Non-Citizen Workers from retaliation and deportation during labor disputes, an extension of the protections implemented in 2023 by the Biden Administration.

Through an inter-agency partnership with the U.S. Department of Homeland Security (DHS), the State Workers’ Compensation Board will now work with Non-Citizen Workers (including Undocumented Workers) and their advocates to gain temporary protection from prosecution and potential deportation, as well as the ability to work legally in the U.S., if the Worker is party to a Workers' Compensation Claim.

This action will protect Non-Citizen Workers from unscrupulous employers who threaten them with removal or other forms of retaliation for cooperating with a State Workers’ Compensation Board investigation or exercising their right to file a Workers' Compensation Claim for a work-related injury or illness.

State Workers Compensation Board Chair Clarissa Rodriguez said: "The (State Workers’ Compensation Board) is committed to protecting all Workers in New York State, including Low-Wage and Immigrant Workers who are among the most at-risk of being victimized by employer violations of the Workers' Compensation Law.  In meeting that commitment, we must guard against the use of Immigration Status as a tool for retaliation against Workers asserting their legal rights."

Low-Wage and Immigrant Workers are particularly vulnerable to exploitation in the workplace because they are often reluctant to report injuries, speak out on behalf of fellow Workers who have been injured at work, or cooperate in investigations of their employers for fear of potential consequences if they do.

Under the State Workers’ Compensation Board's plan, the Board will submit a letter to DHS in support of any request for prosecutorial discretion including, but not limited to, deferred action or parole, as well as work authorization, on behalf of Undocumented Workers affected by Workers' Compensation employer investigations.

Granting such relief is needed to assure these Workers of the safety and security of cooperating with State Workers’ Compensation Board investigations, to combat the fear of retaliation against them, and to ensure the Board can hold employers accountable for non-compliance with the law.

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