“It’s OK to Ask for Help”: Sur Legal Client Receives Deferred Action
Originally from Mexico, 40-year-old Adrian has lived in Tennessee for almost half of his life, working hard as a restaurant cook. Facing abuse of his labor rights at a recent job, he decided to look for help with his complaint pending with the Department of Labor.
A Fantastic Self-Advocate
“The truth is, I have total gratitude to Sur Legal for the opportunity they gave me to improve my life.”
“When I was researching, I reached out and spoke to many places. And I mean they didn't even have the knowledge of this program, deferred action for abused workers,” shared Adrian. “I spoke with many places until I found you at Sur Legal, and the truth is, from the first moment after speaking with the lawyer Elizabeth, I had complete knowledge of the subject. She made me feel very safe, and she told me that nothing was guaranteed, but based on everything I had experienced, they were going to fight the case.”
What is deferred action? Deferred action protects noncitizen workers who are victims of, or witnesses to, the violation of labor rights from threats of immigration-related retaliation from their exploitative employers. Providing a work permit and temporary protection from deportation, deferred action enables all workers, including noncitizens, to assert their legal rights.
“Adrian is a fantastic self-advocate,” shared Sur Legal’s Legal Director, Elizabeth Zambrana. “He came to us after reporting his former employer to the Department of Labor for unpaid overtime violations and succeeding on his claim. Despite his success, his employer unlawfully retaliated against him and terminated his employment.”
With a second claim against his unscrupulous employer in process, Adrian sought support from Sur Legal to successfully obtain a letter of support from the Department of Labor on his request for deferred action, known as a Statement of Interest, as well as a letter authorizing him to pursue private action against his employer for the retaliation he faced, known as a 16(b) letter. “With this letter, Adrian can vindicate his right to hold his employer accountable and with deferred action, he can continue to boldly advocate for his labor rights,” shared Elizabeth.
After obtaining the statement of interest from DOL, our legal team referred Adrian to partners at the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) who helped him to apply for his deferred action. Through this network of support, Adrian’s deferred action was ultimately approved, providing him with legal status and a renewed sense of hope. “Of course, things have improved,” he shared. “It means a lot to me.”
Now determined to advance his personal goals and build a better quality of life here in the U.S., Adrian dreams of pursuing a short educational degree to build his skills. And working with Sur Legal and TIRRC has taught him an important lesson that he wants to share with others: “It is OK to speak up and ask for help to start moving toward improving the conditions and quality of your life.”
“The truth is, I have total gratitude to Sur Legal for the opportunity they gave me to improve my life. They do everything very legally, so that inspires a lot of confidence. And of course, I would recommend them without thinking to anyone who is in any problem, with my heart in my hand I would say, they are the best. They always made me feel that everything was going to be fine. That's why my gratitude goes to Sur Legal, to everyone at Sur Legal.”
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