Res. No. 833

Resolution calling on the United States Congress to pass and the President to sign legislation including wage theft as a qualifying crime for a U-Visa and removing the 10,000 yearly cap on U-Visas.

By Council Members Ayala, Gutiérrez, Louis and Hanif

Whereas, Undocumented workers have contributed to our communities, our economy, our unions and our country, but are particularly vulnerable to wage theft and exploitation in the workplace; and

Whereas, For both documented and undocumented immigrant workers, asserting their workplace rights can often result in employer intimidation; and

Whereas, Although the U.S. Department of Labor does not ask for immigration status when dealing with claims of wage theft, analyses of the industries with the highest percentages of wage theft often had the highest percentages of foreign-born workers; and

Whereas, In a report from Economic Policy Institute, they found that between 2017 and 2020 more than $3 billion in stolen wages was recovered by the U.S Department of Labor for workers across the United States; and

Whereas, However, this represents only a small portion of the estimated $50 billion in stolen wages in the United States each year; and

Whereas, In 2011, Cornell University’s Worker Institute published a study estimating that over $1 billion is stolen from low-income workers each year in New York; and

Whereas, The Center for Popular Democracy shared an updated estimate in 2019 indicating that wage theft exceeds $3 billion annually in New York; and

Whereas, Wage theft is a violation that can threaten someone’s access to food, housing, and basic necessities; and

Whereas, Victims of wage theft deserve justice, but immigrant workers may be underreporting due to fears of retaliation that could threaten their status in the United States; and

Whereas, Congress created U-Visas to strengthen the ability of law enforcement agencies to investigate and prosecute certain crimes by extending protections to immigrant victims who fear cooperating with agencies due to their status; and

Whereas, U-Visas are immigration benefits to protect victims of crimes, and under certain conditions can result in adjustment to lawful permanent resident status; and

Whereas, The inclusion of wage theft as a qualifying crime for U-Visas could provide relief and a pathway to citizenship for impacted workers and support union efforts to hold unscrupulous employers accountable for stealing from and exploiting their workers; and

Whereas, The impact of this shift in qualifying crimes for U-Visas could be further magnified by removing the cap on the number of U-Visas issued each year; and

Whereas, U-Visas are currently capped at 10,000 per year, however the supply of these visas does not meet the demand and there is currently a backlog of 300,000 applicants; and

Whereas, Congress has the ability to add wage theft as a qualifying crime for U-Visas and remove the 10,000 yearly cap; and

Whereas, Wage theft severely and unjustly impacts the livelihoods of workers, especially immigrant workers; and

Whereas, Immigrants who have been victims of wage theft deserve safety, protection from retaliation, and justice; now, therefore, be it

Resolved, That the Council of the City of New York calls on the United States Congress to pass and the President to sign legislation including wage theft as a qualifying crime for a U-Visa and removing the 10,000 yearly cap on U-Visas.

LS #14156

10/18/2023

RLB