SPRINGFIELD – At a time when immigrant workers are facing unprecedented surveillance and discrimination, State Senator Javier Loera Cervantes is fighting to protect employees from unfair retaliation from their workplace through new legislation.

“Every employee makes mistakes, especially when filling out confusing, lengthy paperwork,” said Cervantes (D-Chicago). “It is unfair to hold immigrant employees to a wholly different standard where making such a mistake can result in them losing their job. As many immigrants are more afraid of losing work because of their immigration status than ever before due to the current political climate, I am proud to be making one element of their lives less anxiety-inducing through this legislation.”

Federal immigration law requires employers to verify the legal work status of their employees through an online system that compares information from an employee’s I-9 Form to records available to the Department of Homeland Security and the Social Security Administration to confirm eligibility. If discrepancies are found, immigrant workers have the possibility of receiving a “no match” letter for a variety of reasons, including instances where the individual changed their name due to marriage. Many employers terminate employees upon receiving this notice, even though they could be legally working in the United States.

Last year, Cervantes passed legislation that requires employers to give employees time to correct documentation discrepancies, and bar employers from taking any adverse action against the employee because of a discrepancy. His new initiative would ensure employees’ rights are protected if an employer has received notice of document discrepancies, including the right to be free from adverse action solely because of a receipt of a discrepancy notice from a federal entity. It also would establish a procedure to resolve violations of these protections, and would create pathway for the employee to take legal action against the employer should these rights be violated.

Additionally, the measure would enable attorneys, union representatives, and similar individuals to act as an employee’s authorized representative with written notice to the employer in discussions of potential discrepancies between paperwork. It would also require employers to provide an explanation of the employee's right to have legal representation present during any meetings between the employee and the employer in notices sent between them.

 “As both a former union representative and a son of a hard-working immigrant mother, this issue is close to my heart in more ways than one,” said Cervantes. “I have seen how immigrant workers have been taken advantage of through low wages, unsafe conditions and immediate retaliation when their documentation show discrepancies to their employer. In this historic moment, we need actions like these now more than ever, and I am humbled to lead this legislation to passage and advocating for the immigrant community in the face of persecution from the federal government.”

Senate Bill 2339 passed the Senate on Thursday.

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