Every person in the United States, despite having an immigration status, has the right to work with pride. Unfortunately, most immigrant workers are often deprived of this right. Every worker has the right to work independently without living in the fear of not receiving compensation. Or being asked to perform dangerous or life-threatening tasks.
The Immigrant Workers’ Rights under the Immigration Law have been specifically designed to defend the fundamental rights of those working in the US after immigration. This article will provide a detailed description of what the law covers.
Equality and Non-Discrimination of Immigrant Workers
The immigration law states that there should be no inequality and discrimination against immigrant workers at the workplace. There should be no discrimination against a person’s property, status, origin, opinion, wealth, or nationality. This act protects immigrants since it affirms that every individual is born equal and free. Non-discrimination is an integral part of equality. In addition, this also means that every individual has the right to equal benefit. And equal protection without facing any discrimination from the employer or coworkers.
Protection against Inhumane Treatment and Torture
The state protects immigrant workers from experiencing inhuman treatment. As well as, torture by fellow coworkers or the employer. No immigrant needs subjection to acts of cruelty, degradation, torture, or inhuman behavior. In particular, the law prohibits forcing immigrant workers to comply with scientific or medical experiments. This sort of treatment violates the code of conduct and human dignity. Hence, everyone (including immigrant workers) must prohibit from such acts.
Prohibition against Collective Expulsion
Collective expulsion refers to forcing foreign members or immigrants to leave a workplace. Or the country unless there is an objective reason. Immigrants and other members of their families should not be subject to acts of collective expulsion. States with poor immigrant workers’ rights often fail to address the workplace pressure most immigrants have to face every day regarding collective expulsion.
Protection against Unfair Arrest and Detention
Arbitrary detention or arrest is the detention or arrest of an immigrant worker without having any substantial evidence. Or without proof of violence or illegal conduct. The law states that individuals, including immigrant workers, must not be subjected to arbitrary or unfair detention or arrest. So the employer must take other measures besides detention if the acts of an immigrant worker are not harmful or threatening to anyone. Also, the accountability lies with the employer if the prolonged period of detention is not justified as per law.
Family Rights of Immigrant Workers
Immigrant workers’ rights require employers to consider the needs of the workers’ families. While also deciding their benefits and pay. This implies that no immigrant worker or any member of their family should be subjected to acts of violence, hatred, cruelty, or torture at the workplace or otherwise.
Protection against Labor Exploitation
The law protects immigrant workers against labor exploitation. This strictly prohibits forcing immigrants to become laborers, servants, or slaves. Thus, making the state responsible for taking strict action against those who violate this principle. Plus, employers cannot forcefully withhold the important travel documents and other data of immigrant workers. In order, to force them to perform difficult tasks at work.
Right to Receive Complete Compensation
Immigrant workers have the right to receive full compensation for their services. They should not be treated differently based on their background or origin. Immigrant workers should also be allowed to avail days off, like any other worker. They should also receive an allowance for other basic expenses as the law and workplace policies dictate.
Right to Social Security
The right to social security for immigrant workers establishes that those who are unable to work due to employment injury, sickness, maternity, or disability get the help they need. The intention of this right is to promote the welfare of people. By guaranteeing access to basic resources, such as food and shelter.
Right to Health Care
The right to have adequate healthcare is a universal right. And also applies to every immigrant worker. It means that immigrant workers have access to health and wellness services that they need. Without having any financial burden. Nobody should get sick and suffer only because they were denied basic healthcare facilities.
Right to Enjoy Community with Other Workers
Every worker has the right to freely participate in functions, cultural events, or any other workplace occasion. An employer or other employees cannot prevent an immigrant member from enjoying this right and spending time with other community members. There should be no discrimination or acts of violence against anyone at the workplace.
Right to Claim for Injury
Every employee, even immigrants, has the right to file a claim for an injury they suffered at work. An immigrant worker, like any other worker, has the right to immediately see a doctor after suffering an injury for medical treatment. When the doctor releases the worker, they should be free to resume work.
Immigrant Workers Rights to Form Labor Unions
All workers have the right to independently form, associate, and organize labor unions without retribution or retaliation from their employers. Even an immigrant worker can be a part of a labor union and make decisions based on sound judgment. If there is a policy that exposes immigrant workers to workplace abuse or exploitation, the immigrant workers have the right to form a labor union in protest.
The design of immigration law is to provide solutions for the unjust treatment of minorities. As well as, safeguard the rights of immigrant workers. The policies ensure that immigrant workers enjoy all of the legal remedies and rights provided by the government. However, certain employment laws exempt some of these rights for contract workers. So make sure that you check the local employment laws beforehand to avoid any complications.