July 31, 2015

Department of Homeland Security
90 K St NE
Washington, DC 20002

Department of Labor
200 Constitution Avenue NW
Washington, DC 20210

Dear Secretary Johnson and Secretary Perez:

We write to raise serious concerns about this administration’s implementation of the executive actions on immigration announced by the President on November 20, 2014. As union and community leaders, we see every day the impact that our broken immigration system has on workers’ rights and on their ability to enforce basic labor standards in this country.

ICE’s operation at the Ruprecht Company in Illinois trampled over workers’ rights at every turn, moving directly counter to the kinds of changes the labor movement expects to see under your leadership. The Ruprecht audit was improperly conducted just as the parties were resolving a lengthy and difficult contract negotiation. The audit interfered with the expected resolution of those negotiations, and prompted the employer to violate its obligations under the National Labor Relations Act. Once the bargaining representative, UNITE HERE, learned of the audit, the union privately, then publicly, asked your administration to suspend the audit until the labor dispute was settled. Not only did ICE proceed with the audit, but they arrested eight of the workers from the facility in their homes. Any removal action connected to an audit sends a strong message that the workers, not the employer, are the target. In the context of a labor dispute, home arrests and a broad workplace audit unavoidably signal ICE's support for employer efforts to keep workers quiet and have a devastating chilling effect on the willingness of all workers -- regardless of immigration status -- to engage in protected activity in the workplace.

The Ruprecht workers whom ICE identified as having suspect documents are not the only victims in this case. By conducting this audit without regard for labor relations, ICE undermined collective bargaining just as UNITE HERE and Ruprecht were on the verge of resolving their dispute. This harmed all of the employees in UNITE HERE’s bargaining unit in the Ruprecht plant, including those who are lawfully working in the United States.

Policies to protect worker rights in the context of immigration enforcement must be strengthened and enforced. For over a year, the AFL-CIO has repeatedly submitted consistent, concrete and reasonable recommendations for strengthening workers’ rights protections through administrative action -- both before the President's November announcement and subsequently through the interagency working group process. We have seen no concrete action on this pressing matter, yet the Administration moved quickly to issue significant new regulations and guidance responsive to the requests of the business and tech community.

We respectfully and urgently request a meeting with you to discuss our requests that you:

• Rescind the Ruprecht audit and advise the company that it is not required to take any action on the basis of the previous notice;
• Provide affirmative relief to the affected employees; and
• Clarify how your administration intends to prevent ICE from interfering in the enforcement of labor law.

Sincerely,

D. Taylor, UNITE HERE
Maria Elena Durazo, UNITE HERE
Rich Trumka, AFL-CIO
Liz Shuler, AFL-CIO
Tefere Gebre, AFL-CIO

Paul Almeida, DPE
Stuart Appelbaum, RWDSU - UFCW
James Boland, Bricklayers
Tom Buffenbarger, Machinists
James Callahan, Operating Engineers
Tim Canoll, Air Line Pilots
Rose Ann DeMoro, National Nurses United
Eric Dean, Ironworkers
Bharavi Desai, National Taxi Workers Alliance
Mark Dimondstein, Postal Workers
Dave Durkee, Bakery, Confectionary, Tobacco Workers and Grain Millers
Roy Flores, AFGE
Leo Gerard, United Steelworkers
Mike Goodwin, Office and Professional Employees
Johanna Hester, Asia Pacific American Labor Alliance
Lorretta Johnson, AFT
Esther Lopez, United Food and Commercial Workers
Sara Nelson, Association of Flight Attendants - CWA
Lori Pelletier, CT AFLCIO
Marc Perrone, United Food and Commercial Workers
Jorge Ramirez, Chicago Federation of Labor
Sonia Ramirez, North America's Building Trades
Fred Redmond, USW
Laura Reyes, AFSCME
Ken Rigmaiden, Painters and Allied Trades
Paul Rinaldi, National Air Traffic Controllers Association
Clyde Rivers, California School Employees Association
Fredric Rolando, National Association of Letter Carriers
Mike Sacco, Seafarers
Hector Sanchez, Labor Council for Latin American Advancement
Lee Saunders, AFSCME
Harold Schaitberger, Fire Fighters
Chris Shelton, CWA
Bruce Smith, Glass, Molders, Pottery, Plastics and Allied Workers
Baldemar Velasquez, Farm Labor Organizing Committee
Randi Weingarten, AFT
Nancy Wohlforth, Office and Professional Employees
Diann Woodard, School Administrators