How Immigrant Workers Are Protected Even Under Donald Trump’s Administration

By Tania Fonseca, Associate Attorney, D.Law

Donald Trump took office as the 47th President of the United States on January 20, and his administration has begun implementing its much threatened “mass deportations.” The administration’s anti-immigrant rhetoric is fostering increases in racism, discrimination, harassment, and retaliation that is wreaking havoc on immigrant workers – the backbone of our country. Ongoing fear of increased raids have already negatively affected the nation’s agricultural sector, especially in California’s farmlands.

As a result, immigrant workers fearful of the repercussions are not showing up to work. Our vibrant and diverse communities are being clouded by anxiety and distress as those most vulnerable among us are forced to step back into the shadows.

I’m writing to let those immigrant workers in my community know that you still have rights and are protected from exploitation and discrimination no matter what your immigration status may be. Even under this current administration, employers are not permitted to weaponize an immigrant worker’s immigrant status for their own benefit.

A Personal Perspective

Growing up as the daughter of working-class Mexican immigrants and being an immigrant myself, I learned that empowering workers requires raising awareness and advocating for their rights. My parents, who spoke only Spanish and had limited formal education, worked tirelessly in California’s strawberry fields, on interstate roads, and in restaurant kitchens.

I have great compassion and sympathy for these workers. My heart goes out to those personally experiencing the turmoil that comes from the threat of losing their livelihood. Those we depend on to harvest our food and sustain our nation should not have to endure the cruelty of family separation. It behooves us to support and spread awareness to those who are very fearful of consequences for coming forward and asserting their rights against abusive employers.

Now working as an Associate Attorney for D.Law since 2023, I’ve dedicated myself to plaintiff-side employment law throughout my professional career, standing up against unscrupulous employers who violate the labor rights and dignity of vulnerable workers.

Hopefully this piece will shed some light for immigrant workers and clarify any doubt concerning their rights in the face of discrimination and retaliation.

The Fallout of Trump’s Immigration Policies

Trump’s executive orders on immigration have included sweeping measures, restrictions on asylum seekers, and enhanced immigration enforcement. For immigrant workers, these policies often translate into heightened workplace vulnerability. Employers, knowingly or unknowingly, often use the fear of deportation as leverage against undocumented or mixed-status employees, which at times leads to wage theft, unsafe working conditions, and discrimination.

In my practice, I’ve encountered cases where workers were too afraid to report workplace violations because of their immigration status. These stories are not uncommon, but they underscore a critical point: California’s laws provide protections irrespective of immigration status.

Only weeks into Trump’s presidency, his executive orders on immigration are  creating confusion and fear among immigrant communities. They’ll continue to do so over the next four years. Yet, California’s robust legal framework offers significant protections for these workers, and it’s crucial they understand their rights.

California’s Protections for Immigrant Workers

California stands apart in its commitment to protecting immigrant workers. State laws explicitly ensure that all workers, regardless of immigration status, are entitled to minimum wage, overtime pay, and safe working conditions. The California Labor Code prohibits employers from retaliating against workers who assert their rights, and penalties for violations are steep.

Bad employers will typically employ various tactics to intimidate immigrant workers such as direct or implied threats of reporting them to authorities, or accusing them of dishonesty or using fake documents. Sadly, many employers turn a blind eye to immigration status during the hiring process aiming to obtain cheap labor and minimize the risk of being reported for Labor Code violations. As a result, bad employers are motivated to ignore immigration laws at the time of hiring and to enforce them when workers complain. Such anti-immigrant tactics should be addressed by counsel knowledgeable about Labor Code protections especially bestowed on workers regardless of their immigration status.

California law states that all protections, rights, and remedies available under state law are available to all individuals regardless of their immigration status. (See Labor Code § 1171.5, Government Code §7285, Civil Code §3339). That means that when an employee brings any Labor claims, the Labor Board or courts in California will not permit questions about that worker’s immigration status, such as, do you have a green card, or, are you a U.S. citizen? That makes immigration status for undocumented workers irrelevant to the question of whether a violation existed. When I have opposing counsel asking me questions like that or even suggesting such inquiries, I completely shut that line of questioning down on relevance grounds. A person’s immigration status does not matter when enforcing the Labor Code and all California workers possess the same Labor rights regardless of their status.

Other Labor Code sections grant additional protections to immigrant workers. Labor Code section 1019 specifically prohibits unfair immigration-related practices against any person exercising any right protected under the Labor Code or by any local ordinance. The phrase “unfair immigration-related practice” is broadly defined. It includes requesting more or different documents than required under federal law, using the federal E-Verify system to check the employment authorization status of a person at a time or manner not required under federal law, threatening to file or filing a false police report or complaint with any government agency, and threatening to contact or contacting immigration authorities. Any employee who is the subject of an unfair immigration-related practice may bring a civil action for equitable relief and any applicable damages or penalties. For repeat offenders, a court may impose different sanctions including a suspension of any licenses.

A pivotal piece of legislation is the Immigrant Worker Protection Act (AB 450). Passed in 2017, this codified restrictions on an employer’s ability to voluntarily allow immigration enforcement agents to access nonpublic areas of the workplace without a judicial warrant. It also requires employers to notify employees if a federal immigration audit is taking place. Notably, it also criminalized the act of threatening to report someone’s immigration status or suspected immigration status, or that of the person’s family. These safeguards are vital for maintaining a sense of security in the workplace.

Additionally, the California Fair Employment and Housing Act (FEHA) prohibits discrimination based on national origin, immigration status, and other protected categories. Employers who exploit or discriminate against immigrant workers can face severe legal consequences.

It should be noted, however, that there are federal laws that can override state laws regarding immigration enforcement.

Practical Steps for California Immigrant Workers

California is an employee-friendly state and workers have plenty of protections that those from other states don’t. There are actual consequences for California employers who threaten to report workers’ immigration status to authorities in order to gain leverage. Understanding workers’ rights is the first step toward empowerment.

Here are specific takeaways for immigrant workers navigating the complexities of workplace protections in California:

1. Document Everything: Keep records of hours worked, wages paid, and any communications with your employer. In disputes, documentation can be a powerful tool.
2. Know Your Rights: You have the right to be paid fairly and work in safe conditions, regardless of your immigration status. Familiarize yourself with key California labor laws, such as the right to meal and rest breaks and what to do if you are questioned or detained by immigration and other law enforcement. The National Immigration Law Center offers a great “Know Your Rights” tool on what to do if you are questioned or detained by immigration and other law enforcement.
3. Leverage Community Resources: Organizations such as Legal Aid at Work and the National Immigration Law Center offer free or low-cost assistance to immigrant workers. These groups can provide guidance and connect you with local support networks.
4. Beware of Employer Intimidation: It is illegal for employers to threaten workers with deportation for asserting their rights. If this happens, report the incident to California’s Labor Commissioner or California’s Civil Rights Department or consult an attorney immediately.
5. Seek Legal Counsel: If you face workplace violations, consult an attorney who specializes in employment law. In my practice, I’ve helped clients recover lost wages and hold employers accountable, even in cases involving undocumented workers.

Please note that you should consult with an immigration attorney in the instance of an employer reporting you to Immigration and Customs Enforcement (ICE).

Looking Ahead & Final Thoughts

The Trump administration seeks to scare immigrants away from participating in their communities, making them afraid to leave their homes or go to work. California’s legal framework and the resilience of its immigrant workforce offer hope. As we move forward, it’s imperative to remain vigilant. Employers and policymakers alike must continue to uphold the principles of fairness and equity. For immigrant workers, knowing your rights is not just a form of protection – it is a pathway to dignity and empowerment.

The intersection of federal immigration policies and state labor protections creates a complex landscape for immigrant workers in California. Yet, armed with knowledge and the courage to assert their rights, these workers can overcome the challenges they face.

As someone who has walked this path personally and professionally, I am committed to ensuring that no worker’s voice is lost in the struggle for justice. Let us stand together and affirm that dignity in the workplace is a right, not a privilege.

To my fellow attorneys and advocates, I urge you to amplify these messages within your communities. Together, we can ensure that California remains a beacon of justice for all workers, regardless of where they come from.

Contact D.Law by calling (818) 275-5799 or send a message with any questions or concerns you may have regarding your employment rights. Our attorneys are experts in California employment law and worker’s rights and can help you with the problems you are faced with. We also speak Spanish.

Additional Resources:

• Department of Industrial Relations: Learn how you can file a claim for unpaid wages, report unsafe work conditions, and seek benefits for work-related injuries or illness.
• Division of Labor Standards Enforcement: The mission of the California Labor Commissioner’s Office is to ensure a just day’s pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws.
• Civil Rights Department: If you believe you were subjected to discrimination, harassment, or retaliation, CRD may be able to investigate and help you resolve your complaint.