Want to defend immigrant workers in your contract? Here are some suggestions.

January 17, 2025

Natascha Elena Uhlmann and Sarah Lazare

The following language was compiled from a series of unions and labor activists. It is intended as a resource for workers looking to include pro-immigrant provisions in their collective bargaining agreements.

 

 Unionized teachers with ASPIRA charter school network rally outside an ASPIRA high school to convince the company's management to come to terms on a contract on March 9, 2017 in Chicago, Illinois. Photo by Scott Olson/Getty Images

BARRING ICE FROM ENTERING THE WORKSITE

The Employer will require that any federal immigration agent, Immigration and Customs Enforcement (ICE) agent, Department of Homeland Security (DHS) agent, or State and Local law enforcement officials comply with legal requirements before they may be allowed to interrogate, search or seize the person or property of any worker.

Should an ICE or DHS agent request to enter the worksite or obtain or review personnel records, the Employer shall verify the immigration agent’s credentials, ask the agent why the agent is requesting access, and require a criminal judicial warrant signed by a federal judge. Staff shall not admit ICE agents based on administrative warrant, ICE detainer, or other document issued by an agency enforcing civil immigration law.

Should an ICE or DHS agent demand access to the premises or seek to interrogate, search, or seize any employee the employer shall immediately notify the union by telephone call to the union’s office. The foregoing shall not require the Employer to deny the DHS or Department of Labor access to the I-9 forms, as required by law.

If the Company is served with a validly executed search or arrest warrant, the Company shall arrange for questioning of workers to occur in as private a setting as possible.The Company will notify the Union if the Company learns of an immigration investigation regarding a worker within two (2) days.

PROTECTION OF RIGHTS DURING WORKPLACE IMMIGRATION ENFORCEMENT

If an immigration-related warrant, subpoena or other formal or informal request is issued by a governmental agency to the Employer, the Employer will inform affected employees as soon as possible and give them a copy of the request within three (3) calendar days. If the Employer provides the requested documents to the agency, or allows the agency to view them on-site, it will inform affected employees as soon as possible and give them copies of the provided documents within three calendar days.

The Employer will only comply with governmental requests, including requests to enter Employer-controlled workplaces, to the extent strictly required by law. The Employer will not comply with such requests if the Employer is not required to do so by law. All employees will be notified as soon as possible of the date and time a government agency is expected to enter a workplace. No employee will be required to work in the office that day if they reasonably believe doing so will put them at risk of governmental arrest or detainment.

ABSENCE FROM WORK DUE TO IMMIGRATION STATUS

The Employer agrees to work with all employees to provide an opportunity to gain extensions, continuations, or other status required by the United States Citizenship and Immigration Service without taking a leave of absence. If a leave of absence is necessary, the Employer agrees to give permission for the employee to take an unpaid leave of absence for a period of up to ninety (90) calendar days and return the employee to work. No employee actively seeking work authorization will be terminated while on such leave.

The Employer will not discipline or discharge an employee who is prevented from working for 90 days or less due to arrest, detention, incarceration, or temporary national expulsion by law enforcement pursuant to the employee’s citizenship or immigration status. Such time away from work will be treated as paid leave. This paragraph will not apply if the law-enforcement action is based on or related to violent crimes, hate crimes, or other actions the Employer believes may jeopardize the safety of its staff or organizational integrity.

In cases where immigration status issues arise, the Employer will explore alternative employment options, including remote work from another country, in compliance with applicable laws.

Employees may choose to have a union representative present in all matters related to immigration status.

EMPLOYEE PRIVACY

Immigration status is confidential, and the Employer will not divulge personal immigration status information of employees to any parties except as required for the immigration sponsorship process, as requested by employees in question, as required by law, as required to defend the Employer or its employees in legal proceedings, or as expressly stipulated in this Agreement.

The Employer shall not disclose confidential information concerning employees to Immigration and Customs Enforcement (ICE) or to its agents, except as required by law. To the extent permitted by law, confidential information includes name, address, and social security numbers. The Employer agrees to provide prompt written notice to the union if any government agency, including ICE, contacts the Employer for any purpose involving employees or if the Employer receives a search, arrest or administrative warrant, subpoena, or other request for documents. The Employer agrees to promptly provide the union with all information regarding these matters that the union requests.

NO-MATCH LETTERS

When and if ICE notifies the Employer that certain employees do not appear to be authorized to continue their employment, the Employer will notify such employees and provide them with two (2) weeks to present other documents, including those listed on the form I-9, to establish their work authorization. The employer shall not change the employee’s work status before such two (2) week period has passed.

The Employer agrees to promptly provide the union with all “no-match” information the Social Security Administration (SSA) provides the Employer. “No-match” information means employee names or social security numbers in the Employer’s records did not match those in SSA’s records. The Employer also agrees to promptly review all its records for any discrepancies and to update its records with all information it receives from the SSA or from affected employees.

STATUS VERIFICATION AND I-9 AUDITS

The Employer will not require or demand proof of immigration status, except as required by law. The Employer will not require an employee to re-verify their authorization to work except as required by law. In the event the Employer requires an employee to re-verify, it will provide them 120 days to do so unless a shorter period is necessary to avoid legal violations by the employee or the Employer.

The Employer will not participate in the E-Verify program unless the Employer’s participation in E-Verify is required by law. If The Company seeks to enroll in E-Verify or other comparable programs, it shall provide notice to the Union. The Union shall have the right to reject such enrollment unless the Company’s participation in E-Verify is required by law.

NON-RETALIATION POLICY

The Employer shall comply with all lawful requests of employees to change names and social security numbers (regarding immigration or otherwise) in the Employer’s records, without prejudice to their seniority or any other right under this agreement.

The Employer shall not request information or documents from employees or applicants for employment regarding their immigration status, except as required by law. No worker hired before November 6, 1986, shall be discharged due to their immigration status, nor shall any employee be asked to show authorization to work if they continue their employment after a temporary absence as defined in the immigration law and regulations.

The Employer shall not use an employee’s immigration status or sponsorship as leverage to negotiate or coerce them into specific employment terms and conditions. This includes, but is not limited to, requiring an employee to commit to a specific length

of employment, imposing economic conditions, withholding or threatening to withhold sponsorship for any reason, delaying or threatening to delay the immigration process, and using sponsorship to demand concessions from the employee. Any attempt to use

immigration sponsorship as a tool for negotiation or coercion will be a violation of this Agreement.

IMMIGRATION SPONSORSHIP

The Employer is committed to supporting every member of the bargaining unit, including foreign nationals, by ensuring that they have access to comprehensive immigration support and protection from deportation.

The Employer will contact every new bargaining unit employee who is a foreign national within two (2) weeks of their start date to inquire about their current work authorization and immigration status. In collaboration with the employee, the Employer will design a tailored plan to extend their work authorization, renew their visa, or apply for new immigration status as necessary.

The Employer shall commit to sponsoring work authorization and other immigration- related legal processes for every bargaining unit employee who is a foreign national as soon as they become eligible. The Employer’s immigration team will contact eligible employees within two (2) weeks of their eligibility date to begin the process with their Consent.

The Employer will initiate discussions with employees who hold temporary work authorization at least 12 months prior to the expiration of their work authorization. These discussions will outline available visa and work authorization options based on eligibility, with a focus on aligning the process with the employee’s long-term goals, whether through temporary or permanent status. The Employer will prioritize the interests of the employee in this process.

The Employer will cover all fees related to an employee’s visa, green card, and other immigration sponsorship, including those required for work authorization renewals and premium processing services through USCIS.

LEGAL SUPPORT

The Employer shall assign an Immigration Liaison to each bargaining unit employee who is a foreign national. The Immigration Liaison will act as the primary contact for all immigration-related matters, ensuring that external counsel adheres to strict deadlines and providing the employee with updates throughout the process. Employees will be granted access to relevant information and resources as needed.

Supervisors overseeing foreign national employees will undergo mandatory immigration training, focusing on the legal nuances of immigration, cultural competency, and non-discrimination practices. Immigration Liaisons or HR Partners will also undergo

similar training, ensuring all involved personnel are equipped with the knowledge necessary to support employees effectively. Updated training materials will be shared with all employees and the Union.

Foreign national employees undergoing visa applications or renewals will be offered weekly check-ins with their Immigration Liaison and legal representatives from the Employer while working on immigration paperwork. During periods of inactivity in the immigration process, the Employer will offer monthly check-ins to ensure employees are supported.

The Employer, in collaboration with outside counsel, will ensure that bargaining unit members receive all necessary documentation with reasonable timeframes to complete the visa process. Employees will be kept informed of relevant deadlines, typical approval timelines, and any legal implications that may impact them or their families. In cases of delays or complications, the Employer will promptly inform the employee and work to resolve the issue.

The Employer shall develop and distribute a comprehensive guide for visa holders, outlining their rights and options. This guide will be provided during the onboarding process and updated regularly. Additionally, protocols will be in place to protect employee rights in the event of immigration enforcement actions, with clear communication to managers on how to respond.

The Employer will host periodic Know Your Rights training sessions during work hours, educating all staff on their legal rights when interacting with law enforcement or immigration authorities at home, in public spaces, or in the workplace.

LANGUAGE ACCESSIBILITY

The Employer agrees to translate all employment-related documents, including disciplinary notices, policies, handbooks, procedures, notices, and a copy of the union contract, into the language spoken at home of its employees using a mutually acceptable translator. The Employer agrees to pay for a mutually acceptable translator to translate during all meetings that employees whose language spoken at home is not English are required to attend.

While English is the primary language of the workplace, employees may use the language of their choice among themselves.

UNION PARTICIPATION IN RESOLVING IMMIGRATION ISSUES

In the event that an employee has a problem with their right to work in the United States, the Employer shall notify the Union in writing prior to taking any action. The Employer agrees to meet with the Union to discuss the nature of the problem to attempt to reach a resolution.

DISCLAIMERS

The Employer will comply with all immigration laws. If compliance with immigration laws requires development of new policies which change terms and conditions of employment after the enactment of this Agreement, the Employer will negotiate with the Union over the effects of such policies.

Nothing in this Article shall require the Employer to violate the law.

PROTECTION FROM EMPLOYER I-9 AUDITS

See this memorandum of understanding from UE Local 115 (Refresco workers), available in both Spanish and English. And see this side agreement from UE Local 155 (Chasen Fiber Technologies) which has even stronger language.

SANCTUARY UNIONS

Want to turn your union into a sanctuary union? You can access the Teamsters Joint Council 16 resolution here, and the National Union of Healthcare Workers’ resolution here. In addition, you can access Arise Chicago’s training guide on building sanctuary unions here.

ORGANIZING TOOLKIT

Arise Chicago has produced an immigrant worker toolkit that provides an overview of rights and tools.