POWER Act

Protect Our Workers from Exploitation and Retaliation Act or the POWER Act

This bill expands protections for aliens who are victims of crimes or serious workplace violations.

U visas (nonimmigrant visas for victims of crimes helping with the investigation or prosecution of criminal activity) shall be available to aliens who have suffered substantial harm related to workplace claims.

The Department of Homeland Security (DHS) may allow an alien to work and temporarily remain in the United States if the alien (1) has filed for a U visa, or (2) has filed or is a material witness to a workplace claim and is helpful to authorities investigating the claim.

The bill removes (1) certain fees to petition for a U visa, and (2) direct numerical limitations on such visas.

A notice to an alien to appear at removal proceedings shall contain specified certifications, if the alien was taken (1) at a facility where a workplace claim has been filed, or (2) as a result of information provided to DHS in retaliation against individuals exercising their legal rights. Specifically, the notice shall state that (1) an adverse immigration determination may not be based solely on information furnished by the party engaged in the unlawful activity, and (2) the alien's information shall not be disclosed. Such an alien may not be removed until the appropriate law enforcement agency has had a chance to interview the alien.

Removal proceedings against an alien who has filed or is a witness to a workplace claim shall be stayed until the resolution of the claim, with limited exceptions.