The Justice Department announced Friday that it had signed a pledge with Ecuador to teach immigrants from that country how to file complaints charging discrimination based on their citizenship status. The pledge, called a “memorandum of understanding,” makes no disctinction between those legally living in the country and those who are not.
“The signing of today’s historic [memorandum of understanding] marks a critical stride of progress in the dynamic partnership between our countries,” said Principal Deputy Assistant Attorney General Vanita Gupta. “Together, we will continue to advance our shared commitment to empowering workers, combating unlawful discrimination and protecting the rights of our people.”
The pledge requires the Justice Department to work with Ecuadorian officials to provide its nationals with “access to education and training resources” to help them understand how to file complaints under the U.S. Immigration and Nationality Act, which prohibits discrimination based on immigration status. The agreement requires the department to work with country’s officials to create a referral system for allegations of discrimination and retaliation by employers.
The announcement said the deal “seeks to empower work-authorized Ecuadorians in the United States.” However, nothing in the memorandum itself specifies “work authorized” or otherwise limits it to Ecuadorian nationals legally residing in the U.S.
“These agreements are vital to ensure that the Ecuadorian community in the United States is informed of its rights and the different resources that the Department of Justice provides through its offices and phone support lines,” said Ambassador Borja Cevallos. “Our goal is to make sure that the rights of Ecuadorian immigrants are respected.”
The federal government has said worker protection laws apply even when the workers are illegal immigrants. However, immigration law also requires employers to fire workers who are not legal residents. The laws create a potential catch-22 situation for employers of illegal immigrants where they are violating the law no matter what they do.
Under President Obama, departments and federal agencies have worked several similar deals with other countries with large immigrant populations in the U.S. The Labor Department has them with Belize, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, the Philippines, Nicaragua and Peru to help their nationals take advantage of laws like Occupational Health and Safety Act and the National Labor Relations Act.
