Dec. 4—Mariana Gomez is encouraging other immigrant workers in Santa Fe and across New Mexico to speak up about unfair labor practices.
She is the first undocumented resident of the state to be offered protection from deportation during a pending labor dispute under a new federal process initiated this year.
Gomez, a native of Guatemala who lives in Santa Fe, spoke about her case during a news conference Monday at the Southside Branch Library, an event jointly held by the New Mexico Department of Workforce Solutions and the nonprofit immigrant rights group Somos Un Pueblo Unido.
The goal was to get the word out about the federal policy change, which has been hailed by immigrant and labor rights advocacy organizations across the nation, Somos organizers said.
Gomez had filed a claim with the state accusing her former employer, an herbal shop in the city, of violating labor laws in 2021. She alleged the company had committed wage theft by failing to pay her the required minimum wage for regular hours worked and the overtime rate for additional hours.
The case is under investigation by the Department of Workforce Solutions, an agency spokeswoman confirmed Monday.
While her claim remains under investigation, Gomez has been approved for deferred action, a two-year commitment from the U.S. Department of Homeland Security not to pursue deportation.
The new policy, announced by the U.S. Department of Homeland Security earlier this year, aims to support labor agencies in investigations by protecting undocumented claimants and witnesses.
The federal agency said in a January news release it had long considered requests for deferred action in labor claims, but the new process would be improved and “streamlined.”
“Noncitizens will now be able to submit such requests to U.S. Citizenship and Immigration Services through a central intake point established specifically to support labor agency investigative and enforcement efforts,” the release stated.
Gomez filed her wage claim in May, she said, and in October, she received approval for deferred action.
“Oftentimes, workers’ immigration status is used as a tool by some unscrupulous employers to violate their workers rights,” Zulema Chavero, a community organizer with Somos Un Pueblo Unido, told a crowd at the library.
Workforce Solutions Secretary Sarita Nair also spoke at the event. “We’re hoping this encourages more people to come forward,” she said. “Historically, people who don’t have work authorization have felt like they don’t want to complain about their wages or their work conditions because they’re worried it will bring their time here, in the country, into question.”
A labor agency investigating a claim must issue a “letter of interest” to Homeland Security describing a worksite and the affected workers to start the deferred action process.
Workforce Solutions focuses on educating employers about labor laws and regulations, Nair said, but it also does the “more difficult work” of enforcement by levying penalties for violations.
“But we can’t do any of that without knowing about the problems,” Nair said. “This just encourages more people to come forward.”
The department’s Labor Relations Division received more wage claims in the first quarter of 2023 than it did during the same period in recent years, Nair added.
Somos organizers said immigrant workers can receive help with their labor claims and deferred action at the group’s United Worker Center of New Mexico.
Obdulia Guerrero told the crowd Somos helped her file a claim with Workforce Solutions.
She experienced discrimination by a job supervisor at a local cleaning agency, she said, and was fired after speaking up about it. Both her labor claim and her request for deferred action are under review.
“Do not be afraid of filing a claim with these agencies,” Guerrero said. “Get help like I did.”
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
