Process for Requesting a Statement of Interest, and FAQ
Oregon OSHA enforces workplace safety and health laws to protect all workers. For our investigations of workplaces to be effective, we need workers to cooperate with us. Yet, some workers may fear that if they give information to Oregon OSHA, they will face retaliation based on their immigration status. To address this, Oregon OSHA works with the U.S. Department of Homeland Security (DHS) to provide support for a form of temporary relief from deportation known as Deferred Action. This is an act of prosecutorial discretion that defers proceedings to remove a noncitizen from the U.S. Workers who are having a labor dispute at their worksite that is under Oregon OSHA's jurisdiction can request that we provide a Statement of Interest for deferred action.
The ability of DHS to offer discretionary protection on a case-by-case basis to victims who lack employment authorization can help Oregon OSHA more fully investigate worksite violations and enforce safety and health regulations.
We have developed a process for workers to request that Oregon OSHA submit a Statement of Interest during an inspection in support of a worker's request to DHS for immigration-related prosecutorial discretion.
Disclaimer: Oregon OSHA cannot provide legal advice on immigration matters. People should seek immigration legal advice before deciding whether to request a Statement of Interest or to submit a request for prosecutorial discretion/deferred action to DHS.
What is prosecutorial discretion?
DHS may use its discretion to determine whom to detain or release during the immigration process. They can do this because they may not be able to respond to all immigration violations within its jurisdiction. One type of prosecutorial discretion is deferred action. A noncitizen granted deferred action may be considered lawfully present in the U.S. for certain purposes and may be eligible for work authorization.
How do I request assistance from Oregon OSHA in seeking prosecutorial discretion?
Fill out our online form with your request or call 503-378-3272 or 800-922-2689 (inside Oregon).
Information to include in your request:
- Name, address and worksites of the employer
- A brief description of any alleged retaliation or threats to workers at the worksite.
- A point of contact who can respond to follow-up questions.
- If the request involves a confidential complainant, do not identify the confidential complainant.
What will Oregon OSHA do with my request for a Statement of Interest?
Oregon OSHA will decide on a case-by-case basis whether to submit a Statement of Interest letter to DHS to request prosecutorial discretion. Factors that Oregon OSHA will consider include: Is this an open inspection in which worker cooperation is needed? Is the inspection under appeal, and will workers be potential witnesses at a hearing? Has there been evidence of employer retaliation or threats of retaliation?
Will Oregon OSHA notify the employer about requests for prosecutorial discretion?
No, Oregon OSHA will not communicate with the employer about worker requests.
Will Oregon OSHA identify the individual workers seeking deferred action or prosecutorial discretion in the Statement of Interest letter?
No. DHS has instructed agencies submitting Statement of Interest letters to identify the employer, but not the names of the workers in the requests.
What happens next if Oregon OSHA agrees to submit a Statement of Interest letter to DHS?
Oregon OSHA will send a copy of the letter to the worker and worker’s representative. Workers who fall within the scope of a labor agency investigation can submit their requests for deferred action to U.S. Citizenship and Immigration Services through a central intake point specifically established to handle requests for deferred action related to labor agency investigative efforts. For more information: DHS Support of the Enforcement of Labor and Employment Laws | USCIS
Does Oregon OSHA provide a visa for workers, and does Oregon OSHA directly seek prosecutorial discretion on a worker’s behalf?
Oregon OSHA does not have authority to issue visas. Nor will Oregon OSHA directly seek prosecutorial discretion on behalf of a worker. Oregon OSHA’s role is limited to supporting requests for prosecutorial discretion by submitting a Statement of Interest explaining why the exercise of discretion will aid Oregon OSHA’s investigation or enforcement action.
Will Oregon OSHA always support a request for a Statement of Interest?
No. Statements of Interest are determined on a case-by-case basis. If Oregon OSHA decides to not provide a Statement of Interest, Oregon will not communicate with DHS about the request.