NJ immigrant workers gain additional protection against employer abuses

US

Immigrant workers in New Jersey who call out their employers for labor law violations now have added protections against reprisal.

Employers who report or threaten to report workers to immigration authorities to conceal their own violations of state wage, benefit or tax laws now face fines of up to $10,000, under a law recently signed by Lt. Gov. Tahesha Way in her capacity as acting governor.

“No worker should be forced to turn a blind eye to their employer’s unlawful behavior out of fear of being prosecuted for their immigration status,” state Sen. Majority Leader Teresa Ruiz, a Democrat from Newark and sponsor of the Senate version of the bill, said in a statement.

The U.S. Department of Homeland Security offers similar protections for those reporting violations of federal law.

The New Jersey measure coincides with a rise in the number of unauthorized immigrants in New Jersey and the United States, according to a recent analysis by the Pew Research Center. That includes immigrants who aren’t citizens and who don’t otherwise have legal residency status. It does not include green card and visa holders, refugees or people granted asylum.

In 2022, according to the Pew report, New Jersey was home to 475,000 unauthorized immigrants, one of the largest populations in the country. That year, 7% of the state’s workers were unauthorized immigrants, according to the report.

The law also follows the enactment of a number of other New Jersey laws bolstering immigrant rights, including extra protections for domestic workers and a mandate for state agencies to translate documents into seven languages.

Under the new New Jersey law, fines for an employer’s first violation will cost up to $1,000, then up to $5,000 for a second offense and $10,000 for any violations thereafter. Fees collected will go to the state Department of Labor and Workforce Development’s budget for enforcement and administration.

Local immigrant advocates also praised the law, saying such protections are especially necessary for immigrants without legal status, who are more likely to face discrimination and exploitation.

“Immigrant workers participate in New Jersey’s labor force at a rate 5.2% higher than native-born workers,” said Erik Cruz Morales, policy and advocacy manager at the New Jersey Alliance for Immigrant Justice, in a statement. “They deserve equal protections.”

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