Sample Contract Language to Support Immigrant Students

Agreement between The Board of Education of the City of Chicago and Chicago Teachers Union Local 1, American Federation of Teachers, AFL-CIO 2019 – 2024 (IL)

Article 46

Integration – Quality Education

46-7. Sanctuary Schools and Sanctuary Employer

46-7.1. In the spirit of Plyler v. Doe, 457 U.S. 202 (1982), the BOARD has consistently afforded students access to a high-quality public education at CPS regardless of their immigration status and is committed to continue this practice.

46-7.2. CPS is an Immigration and Customs Enforcement (“ICE”) designated “sensitive location” in which ICE enforcement activities would pose a severe disruption to the learning environment and educational setting for students and their families.

46-7.3. The BOARD and UNION jointly declare that the buildings and grounds of CPS Schools are sanctuary spaces for all students, parents, administrators, bar-gaining unit members, and community members at the school for school-related business and jointly commit to defend the right to a free and safe learning environment to the extent permitted by law.

46-7.4. School personnel shall not inquire about or record a student’s or a family member’s immigration status, nor shall the Board collect or retain information regarding the immigration status of any CPS students or their families. Except by a court order, CPS shall not disclose to ICE any information regarding the immigration status of any CPS student. CPS will not disclose to anyone other than ICE any immigration information pertaining to any CPS student except pursuant to the Family Educational Rights and Privacy Act. The BOARD recognizes the trust families place in them and shall not voluntarily divulge information to immigration agents to the fullest extent possible under the law.

46-7.5. Upon request by ICE agents to enter CPS school grounds or to obtain or review CPS records, CPS administration shall verify the immigration agent’s credentials, ask the agent why the agent is requesting access, and require a criminal judicial warrant signed by a federal judge. CPS shall not admit ICE agents based upon an administrative warrant, ICE detainer, or other document issued by an agency enforcing civil immigration law.

46-7.6. In the interest of ensuring the success of the commitments made in this article, the BOARD and the UNION shall meet to develop a training program for staff on how to appropriately respond to ICE agents should they request entrance to the school facilities or grounds as well as proactive steps to aid students and families in obtaining legal or other assistance with immigration enforcement actions. The BOARD and UNION shall also discuss matters pertaining to the issues of Sanctuary employers and schools as requested.

46-7.7. CPS Employees shall not face any BOARD discipline for following the policies contained in this Article.

46-7.8. The provisions contained within this article shall in no way prohibit the BOARD from honoring and complying with a duly authorized warrant and in no way shall obligate the Employer or any of its agents to violate any State or Federal statutes.

46-8. Sanctuary Employer.

46-8.1. On September 5, 2017, the Department of Homeland Security announced the end to the Deferred Action for Childhood Arrivals (“DACA”) policy. The DACA policy protected eligible immigrant youth from deportation and provided work authorization documents to nearly 800,000 young people who came to the United States as children. The BOARD and the UNION recognize that the young people who have received DACA benefits are a valued and important part of our community. Because the termination of the DACA policy may affect the work authorization of employees of the BOARD, the BOARD and the UNION agree to the following:

46-8.2. The BOARD shall not inquire about or demand proof of immigration or citizenship status, except as required by law.

46-8.3. Effective for SY 2019-20, the Board shall, in consultation with the UNION, develop appropriate guidance and resources of up to $200,000 per school year, to assist employees in planning for and navigating immigration issues. The Board shall provide the Union with quarterly reports on expenditures of these funds. [initial proposal 2024]

46-8.4. Upon written request, an employee shall be released for up to ten (10) unpaid working days one time during their employment in order to attend to immigration or citizenship status matters. The days need not be taken consecutively. The Employer may request verification of such absences and/or appropriate certified documentation.

46-8.5. In the event that the BOARD is no longer permitted to employ an affected employee, the BOARD agrees to convert the affected employee’s termination to an unpaid leave of absence upon the employee’s return to work, provided the return to work takes place within two (2) calendar years for tenured teachers or within one (1) calendar year for all other employees. Specifically, upon the employee providing proper work authorization within the appropriate time frame, the BOARD agrees to reinstate the affected employee to the employee’s former position, if available, without loss of prior seniority If the former position is not available, the BOARD agrees to reinstate the employee to substantially similar employment for which the employee is qualified, including the Reassigned Teacher Pool, at a salary no less than their pay prior to their separation. While separated, the employee shall earn no credit toward step advancement.

46-8.6. Within thirty (30) days of the signing of this Agreement, the BOARD and the UNION shall send the following:

1. A joint letter to educators and support staff with immigration or citizenship status resources, such as the immigrant and refugee children guide for educators and support staff.
2. A joint letter to students and their families with immigration or citizenship status resources.

COLLECTIVE BARGAINING AGREEMENT BETWEEN ACERO CHARTER SCHOOLS, INC. CHICAGO TEACHERS UNION, CHARTER DIVISION 2018 – 2022 (IL)

ARTICLE 24

SANCTUARY SCHOOL

The Employer is an Immigration and Customs Enforcement (ICE) designated “sensitive location” in which ICE enforcement activities would pose a severe disruption to the learning environment and educational setting for students and their families.

Students and families trust the Employer to maintain their safety and the integrity of their family units. To foster this continued trust, school personnel shall not inquire about or record a student’s or a family member’s immigration status and, pursuant to the Family Education Rights and Privacy Act (“FERPA”), 60 shall not disclose, without parental consent, the immigration status of any student or other personally identifiable information. The Employer recognizes the trust families place in them and shall not voluntarily divulge information to immigration agents to the fullest extent possible under the law.

The Employer shall not voluntarily permit access to its property or any records contained therein by agents of ICE unless legally required to do so. Nor shall the Employer otherwise release to any third parties, other than the Union, any information pertaining to immigration status except with the bargaining unit member’s written consent or as required by law. 

In the interest of ensuring the success of the commitments made in this Article, the Employer and the Union shall meet to develop a training program for staff on how to appropriately respond to ICE agents should they request entrance to the school facilities or grounds as well as proactive steps to aid students and families in obtaining legal or other assistance with immigration enforcement actions, provided, the Employer isn’t obligated to incur any expense.

Upon written request, the Employer will provide available assistance to any bargaining unit member who has received a work authorization document under the Deferred Action for Childhood Arrivals (DACA) or a similar program (“Affected Employee”) in order to determine the extent to which said bargaining unit member’s work status will be affected by the termination of DACA and whether said member may be eligible for any employment-based immigrant or non-immigrant visas.

Upon written request, an Affected Employee shall be released for up to ten (10) unpaid working days in order to attend to immigration or citizenship status matters. The Employer may request verification of such absence.

In the event that the Employer is no longer permitted to employ an Affected Employee due to immigration status, the Employer agrees to treat the Affected Employee’s separation as a leave of absence for purposes of the bargaining unit member’s return to work. Specifically, the Employer agrees to reinstate the Affected Employee to the bargaining unit member’s former position, if available, without loss of prior seniority upon the bargaining unit member providing proper work authorization within two (2) years of the date of separation. If the former position is not available, the Employer agrees to reinstate the bargaining unit member to substantially similar employment or the next available opening for which the member is qualified and at that position’s salary with no loss of pay.

Bargaining unit members shall not face any Employer discipline for following the policies contained in this Article, provided that bargaining unit members do not violate the professional conduct required in Article 20 of this Agreement.

The provisions contained within this Article shall not be construed or applied so as to obligate the Employer or any of its agents to violate any State or Federal statutes.

2022 – 2025 Agreement

Los Angeles Unified and United Teachers Los Angeles (CA)

Memorandum of Understanding

Support for Immigrant Students and Families

1. LAUSD/UTLA District Immigrant Support Committee: A joint District-UTLA committee shall meet quarterly per year for the duration of the 2022-2025 school years. The committee shall be comprised of three (3) members from the District, three (3) members from UTLA, and two (2) parents (one (1) appointed by the District and one (1) appointed by UTLA). The committee shall review the changing needs of immigrant students and families and make recommendations on ways to expand resources for students and families including but not limited to: providing indigenous language resources for immigrant students in the form of curriculum, translators, tutoring and other community engagement efforts.
2. The District shall seek opportunities to secure additional funding in order to create comprehensive, one-stop cradle-to-career (C2C) hubs. C2C Hubs shall consult with Dream Centers located throughout the district for guidance on services offered to immigrant and newcomer families. LAUSD teams assigned to these hubs, would serve students and work with neighboring schools in the community to promote prevention and early intervention wellness efforts across the regions. These hubs would provide adult education programs, health and human services, and career paths. In addition, the District will collaborate with external partners, including Federally Qualified Health Centers and other community partners, to combat negative health and wellness influencers affecting students and their families. These services will support the post-pandemic recovery by developing resilient school communities with protective factors against academic barriers. 
3. District shall make every effort to expand existing partnerships and develop new partnerships with legal clinics, legal organizations and law firms to facilitate the provision of low cost or no cost services to immigrant students and their families. 
4. LAUSD shall provide UTLA bargaining unit members with professional development related to the needs of immigrant students and their families. 
5. The District shall make every effort to develop partnerships with philanthropic organizations with the goal of providing additional supports for newly arrived immigrant students and their families.

This non-precedent setting agreement is for the duration of the parties’ 2023-2024 and 2024-2025 collective bargaining agreement and may be renewed by mutual agreement.

UNITED TEACHERS LOS ANGELES Bargaining Proposal  

September 15, 2017 

Support for Immigrant Families

1. LAUSD shall provide training to all LAUSD personnel by December 31, 2017 on the protocols for district interaction with the U.S. Department of Immigration and Customs Enforcement, consistent with existing LAUSD policy and LAUSD Reference Guide-6767.1.

2. LAUSD shall create a $1,000,000 Immigrant Family Legal Defense Fund by December 31, 2017 to support the families of LAUSD students who are fighting the deportation of a student or family member of a student, including, but not limited to, paying the fees for immigration cases (removal proceedings, bail bond, TPS, work permit, etc.). Funds shall be distributed through an application to an Immigrant Family Legal Defense Fund Advisory Board, made of seven appointees by the LAUSD Board of Education.

LAUSD shall work with community organizations in developing a plan to locate immigrant support clinics at an appropriate number of schools throughout LAUSD. The clinics would include resources, workshops, and on-site access to the Immigrant Legal Fund.

MINNEAPOLIS FEDERATION OF TEACHERS LOCAL 59, AFL-CIO, AFT, NEA AND MINNEAPOLIS BOARD OF EDUCATION Special School District No. 1 Minneapolis, Minnesota An Equal Opportunity School District

2023 – 2025

MOA – IMMIGRANT TEACHERS

WHEREAS, Minneapolis Public Schools (MPS) and Minneapolis Federation of Teachers (MFT59) recognize that immigrant teachers and their families are a valued and important part of the community; and

WHEREAS, MPS and MFT59 reaffirm their commitment to equal opportunity and shall not discriminate as provided by law.

NOW, THEREFORE, MPS AND MFT59 AGREE THAT:

1. In keeping with current practice, Minneapolis Public Schools will not inquire about or demand proof of immigration or citizenship status, except as required by law.
2. In the event that MPS is no longer permitted to employ a teacher due to immigration restrictions, MPS will place the teacher on a recall list for purposes of the teacher’s return to work for a period of up to two (2) years. Specifically, MPS will reinstate the teacher to the teacher’s former position, if vacant and so long as the teacher is qualified and licensed without loss of prior seniority within two (2) years of the date of separation. If the former position is not available, Minneapolis Public Schools will reinstate the teacher within the two (2) year time period to a substantially similar vacant bargaining unit position for which the teacher is licensed and qualified.
3. In order to be eligible for reinstatement, the teacher must notify the Human Resources Department of their eligibility for employment and provide proper work authorization documentation. The teacher must also provide the Human Resources Department with their phone number and mailing address. The teacher is responsible for keeping current their contact and work authorization information. The District will notify the teacher of a vacant position by first calling the teacher who will have until the end of the next business day to accept or decline the recall. If the teacher is not reached by phone, a certified letter addressed the teacher’s last known address will be sent offering the recall. Within seven (7) calendar days of the date of postmark of such notice, the teacher shall notify the Human Resources Department of their acceptance of the position. If the teacher does not accept the position, they will no longer be eligible for reinstatement.
4. MPS’s compliance with the terms of this MOA shall not be the basis of a claim that MPS has violated the parties’ collective bargaining agreement.

This MOA shall be in effect for the duration of the 2023-2025 collective bargaining agreement.

Minneapolis Federation of Teachers Initial Proposal 2017 (MN)

MFT Filename: MOA–DACA/Immigrant Affected Employees

Presented to the District on 12/5/17.

DACA/IMMIGRANT AFFECTED EMPLOYEES - 2017-19 

WHEREAS, On September 5, 2017, the Department of Homeland Security announced the end to the Deferred Action for Childhood Arrivals (DACA) policy. The DACA policy provided work authorization documents to nearly 800,000 people who came to the United States as children,

WHEREAS, Minneapolis Public Schools and the Minneapolis Federation of Teachers (MFT59) recognize that the people who have received DACA benefits are a valued and important part of our community,

WHEREAS, the termination of the federal DACA policy may affect the work authorization of employees of the Minneapolis Public Schools, both Minneapolis Public Schools and Minneapolis Federation of Teachers (MFT 59),

NOW, THEREFORE BE IT RESOLVED THAT

1. Minneapolis Public Schools reaffirms its commitment to equal opportunity in the workplace and shall not discriminate based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, veteran status, immigration status, or citizenship status.

2. Minneapolis Public Schools will not inquire about or demand proof of immigration or citizenship status, except as required by law.

3. Upon written request, Minneapolis Public Schools will provide legal consultation for any employee who has received a work authorization document under DACA (“affected employee”) in order to determine the extent to which the employee’s work status will be affected by the termination of DACA and whether the employee may be eligible for any employment-based immigrant or non-immigrant visas.

4. Upon request by the Minneapolis Federation of Teachers (MFT59) or an affected employee, the Minneapolis Public Schools will make all reasonable efforts to sponsor an affected employee for any employment-based immigrant or non-immigrant visas for which they are eligible.

5. Upon written request, an affected employee will be released for up to five (5) paid working days in order to attend to immigration or citizenship status matters. Such leave will not be deducted from the employee’s accumulated leaves. Minneapolis Public Schools may request verification of such absence, as long as such a request does not violate paragraphs 1 and 2.

6. In the event that Minneapolis Public Schools is no longer permitted to employ an affected employee due to immigration restrictions, Minneapolis Public Schools will treat the affected employee’s separation as a leave of absence for purposes of the employee’s return to work. Specifically, Minneapolis Public Schools will reinstate the affected employee to the employee’s former position, if available, without loss of prior seniority, upon the employee providing proper work authorization within three (3) years of the date of separation. If the former position is not available, Minneapolis Public Schools will reinstate the employee to substantially similar employment or the next available opening for which the employee is qualified.

7. Within thirty (30) days of ratifying this contract agreement, Minneapolis Public Schools and Minneapolis Federation of Teachers (MFT59) will send the following:
   1. A joint letter to our congressional delegation explaining the importance of the DACA policy to our community and the need for a legislative solution.
   2. A joint letter to educators and support staff with resources such as the AFT immigrant and refugee children guide for educators and support staff.
   3. A joint letter to students and their families with resources, such as those listed on the here to stay website.

FURTHERMORE,

BE IT FURTHER RESOLVED, any dispute regarding the meaning, interpretation, or application of this MOA shall be subject to the grievance and arbitration procedure provided in the parties’ collective bargaining agreement.

Collective Bargaining Agreement between Yale University and Local 33 UNITE HERE

December 16, 2023, through July 31, 2028 (CT)

ARTICLE 12: Support for Immigrant and International Graduate Workers

1. Authorization to Work

In the event that a Graduate Worker is not authorized to work in the US and the Graduate Worker's employment is terminated for this reason, the University agrees to meet with the Union and the Graduate Worker to make reasonable efforts to re-employ the Graduate Worker for the following academic term. If a Graduate Worker's SEVIS record is terminated and they are forced to leave the country, they will be eligible to apply for a leave of absence as set forth in Article 23, Leaves of Absence.

2. Re-entry

Consistent with current policy and procedures, the University shall take any reasonable actions to assist in cases where a Graduate Worker is denied re-entry to the United States. Where applicable, written description of such policies and procedures shall be provided to the Union. The University will notify the Union in writing if relevant policies and procedures change.

3. Reverification of Status
   1. The University shall not require or demand proof of citizenship or immigration status, except as required by 8 USC § 1324a or otherwise required by law or regulation, including the University's obligation to collect and retain proof of citizenship documentation that is necessary to issue and maintain Graduate Workers' immigration documents.
   2. If reverification is required by law when a document used to prove authorization to work expires, the University shall provide the Union and the Graduate Worker at least eighty (80) days advance notice.
   3. The University shall permit inspection of Forms I-9 by the Department of Homeland Security ("DHS"), or any other legally authorized government agency, only when required by law, after two (2) business days, unless there are exceptional circumstances or a shorter time is required by law.
   4. I-9 forms shall be maintained in a file separate from other human resources files, and unless required by law, including requirements caused by the University's use of E-Verify, the University shall not retain in any of its files copies of the identity and work authorization documents presented by the Graduate Worker at the time a Form I-9 is completed.
   5. The University shall not request information or documents from Graduate Workers as to their immigration status except as required by law.
   6. The University will not allow any public or any outside private entity to audit or inspect Forms I-9, unless required by law, excepting outside vendors with whom the University contracts to manage its I-9 process and/or audit its I-9 records.
4. Social Security No-Match Letters
   1. No Graduate Worker covered by this Agreement shall suffer any loss of seniority or compensation, due to any changes in the Graduate Worker's name or social security number provided that such changes are completed in a manner consistent with the Law.
   2. In the event that the University receives notice from the Social Security Administration ("SSA") indicating that any Graduate Workers' names and social security numbers do not agree with the SSA's records, the University agrees to take any and all reasonable steps necessary to resolve the discrepancy. In such instances:
      1. The University will provide a copy of the notice to the Union and to all Graduate Workers on the notice (except for Graduate Workers who do not consent to such notice to the Union); and
      2. The University will not take any adverse employment action against any Graduate Worker listed on the notice solely because the Graduate Worker is listed on the notice;
      3. The University will not require that Graduate Workers listed on the notice bring in a copy of their social security card for the University's review, complete a new Form I-9, or provide a new or additional proof of work authorization or immigration status solely as a result of the receipt of a no-match letter, unless otherwise required to do so under the Law; and
      4. The University agrees not to contact the SSA or any other government agency after receiving notice of a no-match from the SSA unless otherwise required to do so under the Law.
      5. Nothing herein shall be construed to prevent the University from requiring Graduate Workers to update their SSNs for the purposes of E-Verify consistent with the Law.
5. Translation

The University shall pay for the translation of this Agreement into Chinese. The University and the Union shall jointly pay for the translation of this Agreement into up to two (2) other languages that the Union may elect during the course of the Agreement. Upon reasonable request by the Union, the University shall pay 50% of the cost for any required translation service necessary for the enforcement of this Agreement, for example during the proceedings of the grievance procedure. In the event of ambiguity between a translated version of this Agreement and the English version, the English version shall govern.

6. OPT/CPT

Following and subject to the University's verification that the Graduate Worker meets eligibility requirements for training programs, including but not limited to Curricular Practical Training (CPT) and Optional Practical Training (OPT), international Graduate Workers will not be denied by the University, or its agents, access to such programs. Administration of these programs shall not be discriminatory, nor shall application to or use of these programs be a cause for discrimination.

7. Privacy

Unless required by the Law, the University shall not disclose a Graduate Worker's personal information, or any information associated with a Graduate Worker's research or teaching that are not publicly available, to government agencies including foreign governments.

8. Safety in the workplace for immigrant and international workers
   1. Except as otherwise required by federal law, the University or its agents shall not provide voluntary consent to an immigration enforcement agent to enter any non-public areas where Graduate Workers work or live. Non-public areas are those University-owned or controlled buildings and/or areas that restrict public access. Non-public areas include, but are not limited to, all classrooms, research and teaching labs, offices, dormitories, or housing. In the event that such consent is required by federal law, the University will notify the Union that such access was granted and the areas for which such access was granted.
   2. Except as otherwise required by federal law, the University or its agents shall not provide voluntary consent to an immigration enforcement agent to access, review, or obtain the University's Graduate Worker records without a subpoena or judicial warrant. This section does not prohibit the University or its agents from challenging the validity of a subpoena or judicial warrant in a federal district court. In the event that such consent is required by federal law, the University shall notify the Union and the Graduate Worker(s) whose records were accessed.
   3. The University shall annually post an up-to-date list of University resources for undocumented and DACA students and Graduate Workers on the OISS website.
9. Work Requirements

The University and the Union understand that International and Immigrant Graduate Workers must not exceed the legal limit of work hours per week while school is in session unless this limitation is suspended as described in 8 CFR 214.2(0(9)(i).

10. Consistency with the Law

In the event that federal law changes such that the rights and obligations of Graduate Workers' and/or the University are impacted, the parties will revise this provision to ensure that it is consistent with the Law.

COLLECTIVE BARGAINING AGREEMENT BETWEEN MASSACHUSETTS INSTITUTE OF TECHNOLOGY AND MIT GRADUATE STUDENT UNION UE LOCAL 256 2023 – 2026 (MA)

ARTICLE 12 - INTERNATIONAL EMPLOYEE RIGHTS

Section 1. Intention

MIT is committed to providing a safe, inclusive, and equitable (to the extent permitted by law) environment for all employees, including international employees, regardless of immigration status. While MIT is not able to provide legal advice to employees, MIT affirms its commitment to helping all employees admitted under F-1, J-1, and other immigration statuses that MIT sponsors to navigate the immigration process and will provide information with respect to their rights and responsibilities, the rules and regulations governing their immigration status, and travel out of and reentry into the United States.

Section 2. Support and Protections for All Employees

MIT affirms its commitment to supporting all employees and their families, regardless of their immigration status, to the extent permitted by law. MIT will not release information regarding employee immigration status to the Department of Homeland Security unless legally required to do so. MIT will also continue to make resources and guidance available to employees to assist with issues pertaining to immigration status.

Section 3. International Employee Unable to Be Present in the United States

MIT will continue to implement its Remote Appointment Guidance and will make every reasonable effort to arrange for employees covered by the Guidance to perform their job duties outside the United States, for a limited period of time, subject to legal restrictions. Employees will not be eligible for a remote international appointment if they fail to make satisfactory academic progress.

Employees covered by the Guidance shall make every reasonable effort to work with their graduate administrator to submit a remote appointment request prior to the start of the relevant appointment period, or as soon as possible if the reasons for the request are not known until after the start of the appointment period. MIT’s remote international appointments team shall evaluate each submitted request on a case-by-case basis, normally within ten (10) business days, and shall not unreasonably deny such requests. Employees approved for working outside the United States shall continue to receive regular pay and benefits, subject to legal restrictions. Additionally, permission to work remotely shall be reviewed periodically by MIT. Employees shall be notified at least two (2) months prior to the termination of their remote appointment, unless there has been a material change in the circumstances of the appointment that was not previously known to the remote international appointments team and would warrant a change to a previous approval.

Section 4. International Employee Unable to Work

If MIT is not able to lawfully employ or continue to employ an employee as a result of the employee’s immigration status, MIT agrees to meet with the employee and the Union (at the employee’s option and upon appropriate FERPA release, following Article 4, Section 2) to discuss potential reemployment into their prior position or another position if their previous position is unavailable. MIT shall make reasonable efforts to reemploy the employee as soon as possible after the employee obtains work authorization or immigration status that lawfully permits them to work.

Section 5. Legal Advice and the ISO’s Scope of Responsibility

While MIT does not offer legal advice to employees, MIT’s International Student Office (ISO) can advise an employee generally on visa issues as they relate to academic issues and/or employment with MIT. The ISO shall maintain a list of attorneys and agencies for referral if an employee has an immigration issue or if the employee is in need of immigration advice that is not related to the employee’s academic and/or employment relationship with MIT. Additionally, the ISO shall invite immigration attorneys to visit campus once each semester to discuss H visas and green cards. MIT agrees to make reasonable efforts to record any such presentation for additional viewing and/or, at its sole discretion, to make available live streaming of the presentation, provided that the immigration attorney(s) consent(s) to such recording.

The ISO will make a good faith effort to adequately support all MIT international employees in a timely manner. The ISO shall act in good faith to provide accurate, timely, up-to-date information regarding US immigration and other policies concerning international employees. MIT shall take all urgent steps to assist the employee in case incorrect or inaccurate information is given by the ISO. Employees who have questions or concerns about their assigned ISO advisor should reach out to the director of ISO.

The ISO shall act in good faith and in a timely fashion to provide assistance and necessary documentation for international employees. The ISO shall normally respond to questions and inquiries, including but not limited to general immigration questions, within three (3) business days. The ISO shall promptly update its online FAQ page in response to any officially published changes in federal, local, or MIT-wide policies affecting international employees. The ISO shall clearly list the required materials for requesting immigration documentation or authorization, on both its website and the iMIT request submission portal, and shall explicitly highlight any changes that have been made to the requirements within the past year. When an employee submits a request, the ISO shall notify the employee in a timely manner if there is missing or incorrect information or documentation. The ISO shall normally provide the requested immigration document or authorization within ten (10) business days of receiving a completed request submitted in iMIT, which includes all required information and materials. If ISO requires additional documentation and/or corrections to process the request, ISO will make reasonable efforts to provide the requested immigration document or authorization within the initial ten (10) business days, excluding any time it may take for an employee to provide all required information and materials. If there are special circumstances with an employee’s case that necessitate additional processing time, the ISO shall give notice to the employee within the original time limits stated above and confirm any additional information or materials required to complete this processing. The ISO shall approximate the amount of additional time needed, excluding any time it may take for an employee to provide all required information and materials.

If an employee is abroad and unable to enter the United States, the employee shall notify ISO staff directly, and the ISO shall provide necessary documents and support within five (5) business days of receiving all information/documentation from the employee and/or US government agency required to process requested documents or provide support/guidance.

The ISO shall cover costs for express mailing of documentation if required under the circumstances.

The ISO shall provide a hotline available at all times to assist international employees in urgent situations involving immigration status.

ARTICLE 23 - MEDICAL BENEFITS

Section 1. Health Insurance

All employees are required to participate in the MIT Student Health Insurance Plan (MIT SHIP) or to otherwise be covered by health insurance that meets Massachusetts state requirements. MIT shall provide individual coverage under MIT SHIP, at no premium cost, to employees. MIT shall maintain or improve all benefits covered by MIT SHIP as of October 1, 2022, for the duration of this Agreement. Employees with a spouse/partner who is unable to work in the United States due to immigration status or disability may apply for Doctoral Long-Term Financial Hardship Funding to assist with covering the spouse/partner’s portion of MIT SHIP premiums.

Employees may apply to the Short-Term Emergency Hardship Fund or Doctoral Long-Term Financial Hardship Funding, whichever is most applicable, for help with paying medical expenses, including prescription drug copayments, not covered by insurance under the terms of that program.

ARTICLE 24 – LEAVES OF ABSENCE

Section 9. Immigration Leave

Employees may be absent for up to three (3) business days per twelve (12)-month period, without loss of pay or employment benefits, in order to attend appointments and/or hearings scheduled with federal immigration officials or the US Department of State with respect to immigration or citizenship status of the employee or the employee’s family. A longer unpaid absence may be requested. However, if an employee has vacation time available, they may request to use this time in order to be paid. Such requests for use of vacation will not be unreasonably denied.

For the purposes of this provision, “family” shall mean mother, father, child, or spouse.

Collective Bargaining Agreement Between Brown University and Graduate Labor Organization 2023 – 2026 (RI)

Article XII International and Undocumented Student Matters

International and undocumented students and scholars are vital members of the Brown University community, and the University and the Union are mutually committed to supporting international and undocumented graduate students.

The Office of International Student and Scholar Services (OISSS) serves international students who are nonimmigrants (nonimmigrant is used in this Article to clearly indicate students who are supported by OISSS). The majority of nonimmigrant students at Brown and in the United States have F-l student visas or, in significantly smaller numbers, J-l exchange visitor visas. Provisions of this article which refer to visa and immigration issues apply to nonimmigrant international students.

The University and the Graduate School provide support to other international and nonimmigrant students not supported directly by OISSS, including different types of humanitarian visa holders, including but not limited to refugees, asylum seekers, and persons protected by the Deferred Enforced Departure or Temporary Protected Status. For the purposes of this Article these students are considered to be nonimmigrant students supported by offices other than OISSS.

The Undocumented Student Program within the Undocumented, First-Generation College and Low-Income Student Center (U-FLi Center) provides holistic advising and leadership development support for undocumented plus students at Brown. Provisions of this article which refer and/or are relevant to undocumented students are explicitly noted as such.

Working in collaboration with the Graduate School and others, these offices have primary responsibility for supporting the integration of international and undocumented students and scholars into the Brown community.

1. While the University cannot offer legal advice to graduate students, OISSS can advise generally on visa issues as they relate to the academic and/or employment relationship with the University. OISSS shall maintain a list of attorneys and agencies for referral, including pro-bono agencies, if a graduate student has a complex immigration issue or if the graduate student is in need of immigration advice that is not related to the graduate student's academic and/or employment relationship with the University. Legal fees if the graduate student retains such an attorney would be borne by the graduate student and may be reimbursed under the Nonimmigrant Graduate Student Assistance Fund described below if the legal matter involves an immigration issue that directly affects the graduate student's ability to work at the University.
2. Additionally, OISSS shall invite immigration attorneys to visit campus either in-person or virtually, once each semester to discuss H visas and green cards. The Graduate School, in collaboration with the Union, will solicit feedback from nonimmigrant graduate students regarding these sessions and provide that information to OISSS in a cooperative effort to ensure the sessions meet the needs of interested students.
3. Effective upon ratification of this Agreement, the University shall establish a Nonimmigrant Graduate Student Assistance Fund in the amount of no less than $30,000 for each fiscal year of this Agreement. Nonimmigrant graduate students may apply for reimbursement of immigration and legal expenses if the legal matter involves an immigration issue that directly affects the graduate student's ability to work at the University.
4. The parties recognize and agree that as of the date of this Agreement the availability of information regarding the amount of expenses to be reimbursed by this fund is limited and the amount of funding may need to be adjusted and the rules governing reimbursable expenses will need to be developed in a collaborative manner between the Graduate School, the Union, and others. The intent of the parties is to more effectively meet and support the needs of nonimmigrant graduate students in this regard and are committed to working together to do so.
5. Following ratification of this Agreement, the Graduate School shall communicate about the fund to all nonimmigrant graduate students and undocumented students in order to allow such students to apply for reimbursement while policies and procedures for administering the fund are established.
6. Following ratification of this Agreement, the Graduate School will work with the Union and other relevant offices to develop policies and procedures, including allowed reimbursable expenses, for administration of the fund. This will be completed no later than June 30, 2024.
7. The Graduate School will report in an anonymized manner annually to the Union and the graduate school community on the requests for and reimbursement of immigration and legal expenses under the fund.
8. Graduate Students shall have a right to five (5) paid business days of leave per calendar year in order to attend visa and immigration proceedings and any other related matters for the Graduate Students and the Graduate Student's family members, as defined in Section D of Article VII, Leaves of Absence and Time Off. A Graduate Student may request additional days off from their supervisor(s), who may approve these on a discretionary basis. This provision applies to all graduate students, including but not limited to all nonimmigrant and undocumented students.
9. In cases where a nonimmigrant graduate student is unable to arrive at or return to the United States as a result of their immigration status, and for reasons outside of their reasonable control (e.g., administrative processing and border closure), the University shall undertake reasonable efforts within the constraints of immigration law to arrange for the GSE to perform their duties outside the U.S. until such time as either the GSE can no longer work effectively remotely or is not making sufficient academic progress to maintain student (and thus GSE) status. The parties recognize and agree that Federal and State laws and regulations, including applicable tax codes, apply to such situations and the University must comply with all relevant laws and regulations. As per Article V, determinations regarding academic progress of a nonimmigrant student who is unable to arrive at or return to the United States will be made within the sole discretion of the University.
10. If the University is not able to lawfully employ or continue to employ a nonimmigrant Graduate Student Employee as a result of the Graduate Student Employee's immigration status, the University agrees to meet with the Union and the Graduate Student Employee to discuss potential re-employment into their prior position or another position if their previous position is unavailable. The University agrees to make reasonable efforts to re-employ the Graduate Student Employee as soon as possible after that person obtains work authorization or immigration status that lawfully permits them to work as a Graduate Student Employee. The timing of re-employment may also depend on other factors which are within the sole discretion of the University under Article V of this Agreement, such as, but not limited to, the availability of lab space and research funding, the academic calendar, and the academic status of the nonimmigrant student.
11. If a nonimmigrant graduate student who possesses the required visa documentation and work authorization to lawfully enter the United States is barred entry, the University and the Union will use best efforts to assist the graduate student where possible and within the constraints of immigration law. The University will make best efforts to timely complete work authorization documentation for which the University is responsible, so that Graduate Students do not experience delayed start dates, paychecks, benefit coverage, and other university privileges and contract benefits. The parties recognize and agree that nonimmigrant graduate students bear primary responsibility for complying with applicable laws and regulations, including meeting all deadlines, to obtain necessary visas and associated approvals to work and study in the United States. The ability of the University to provide support and assistance to nonimmigrant graduate students who do not meet these responsibilities will be limited.
12. Issues surrounding immigration and visa status that may affect nonimmigrant Graduate Students can be appropriate topics for the Union-Management Committee. In addition, to assure effective support services, foster good communications and better understanding between the University and its nonimmigrant graduate students, the Graduate School shall convene an annual meeting between appropriate University offices and officials and the Union that will include staff from the OISSS, Global Brown, and the Foreign National Tax Office. Issues and concerns regarding undocumented students can also be raised in the Union-Management Committee and as requested the Graduate School will convene meetings for interested students and appropriate University offices.
13. Except as required by law, legal process, or regulations governing the administration of F- 1 student and J-l exchange visitor programs, the University shall not disclose any graduate student's immigration information or personal information including, but not limited to: temporary or permanent home address, contact information, workplace, or work schedule to any government entity. The University does not share information with law enforcement regarding the immigration status of undocumented or DACA status students, and will not do so unless required by law (for example, if status is required to be disclosed in response to a subpoena). Brown's Department of Public Safety neither inquires about nor acts upon information related to immigration status, and does not partner with federal or state agencies to do so. Brown University is committed to the principle of non-discrimination, including equal protection under the law, regardless of national origin or citizenship. The University shall notify and consult with the Union prior to making any changes to discretionary information systems which contain or store immigration data (e.g., non-resident tax filing services).

The Graduate School will convene a working group, including GLO members appointed by the Union and other relevant stakeholders (students, faculty and/or staff) appointed by the Dean of the Graduate School, to consider and make recommendations with regard to the support of nonimmigrant spouses and partners of graduate students. Many spouses and partners of nonimmigrant graduate students are unable to work or study in the United States and the parties recognize and agree that there are opportunities to provide greater levels of support and assistance to these members of the Brown community. The support and assistance may include, but are not limited to, access to courses offered by the University, libraries and recreational facilities, job postings, and English language support. The working group will convene in Spring Semester 2024 and make recommendations to the Dean of the Graduate School no later than June 30, 2024.

UE Local 115 Memorandum of Understanding

Wharton Plant (NJ) 

I-9 Audit Procedures

October 2024

The Company and the Union have met, discussed and agreed upon an internal I-9 audit procedure at the Company’s Wharton, New Jersey facility. The following Memorandum of Understanding (“MOU”) can be found below. This MOU remains subject to applicable laws and regulations which shall control, and any conflict with the terms in the MOU shall be resolved to ensure compliance with applicable laws and regulations. 

Notification and Scope of an I-9 Audit

The Company may perform an internal audit of their I-9 forms annually for employees at the Wharton facility. The following procedure is limited to I-9 audits and does not impact any re-verification processes. 

The Company shall provide a four (4) month notice before performing any internal I-9 audit at the Wharton facility. The Company will post this notice within the facility and provide the notice in writing to the Union. Nothing herein prevents the Company from conducting an I-9 review outside of the context of an internal I-9 audit in accordance with Company procedures including for new hires or in the event that questions or concerns are brought to the attention of the Company regarding employees’ employment authorization. 

The Company will endeavor to provide six (6) months advance notice to employees of all expiring work authorization documents. The Company shall provide a release form to the employee to authorize that the notice be shared with the Union. The Company shall clearly communicate that the employee has the right to speak to a Union representative about their rights under the MOU and CBA, and to have a Union representative present in the meeting. 

All written notices to employees under this procedure shall be sent in English and Spanish.

I-9 Audit Procedure

At the conclusion of the internal audit the Company will identify employee I-9 discrepancies found during the audit and notify the Union of all affected employees ten (10) business days after the conclusion of the audit. 

If any discrepancies are found during the internal audit, or if the Company is made aware of a discrepancy with an employee’s documentation at any time, the Company will call the affected employee into a private meeting to notify them of the issue, and continue with the remaining procedure detailed in this MOU as applicable, except in cases of fraud or misrepresentation which may result in immediate termination. 

The Company, upon request, will provide the employee the current Employment Eligibility Verification form. 

The Employee will then have two (2) weeks from the date of the initial meeting to provide the necessary documentation for resolution. The Company shall place the employee who is the subject of an I-9 discrepancy, expired work authorization, or error on an immediate unpaid leave during which they will be able to use any accrued benefit time. The Employee can bring in the needed documents at any point during these two weeks. 

If the employee is not able to present the required documentation at the end of this two (2) week period, the employee shall remain on an unpaid leave of absence until they can produce the required documentation for up to four (4) months after which they may be terminated. Should an employee produce the required documentation to demonstrate employment eligibility within the four-month period, the employee will be reinstated pending review and acceptance by the Company. The Company will endeavor to review provided documents within five (5) business days for employee reinstatement, however, any delays caused by this review process will not affect the employee’s eligibility for reinstatement. Should the employee provide the required documentation at any time after four (4) months, the employee would then be eligible for rehire (except in cases of fraud or misrepresentation). Should an employee provide the required documentation within twenty-four (24) months after the employee was placed on unpaid leave due to an I-9 discrepancy, the employee shall be eligible for rehire to an open position with the Company for which they are qualified (except in cases of fraud or misrepresentation), and the employee shall maintain their seniority. 

The Company agrees to reinstate the following employees if they are able to resolve any discrepancies with their I-9 documentation within one year of their termination:

1. Hector S.
2. Erik M.

Limitations on the Company

The Company shall only provide documents that demonstrate compliance with Employment Eligibility Verification to external entities, including but not limited to, vendors and prospective clients, and external partners who are used to aid with the I-9 audit. The Company will provide written notice to the Union of all I-9 compliance inquiries by external entities, as well as, any partners used to aid in the I-9 audit. 

The Union recognizes that internal audits may be required for mergers and acquisitions, but that all aforementioned restrictions on the Company will still apply. If less than four months’ notice is provided based on the merger and acquisition, this audit would replace the annual audit, or the subsequent annual audit. 

Effective the ratification of this Memorandum of Understanding, the Company will only keep copies of documents to comply with federal and state law. 

Dispute Resolution

Any disputes over the meaning and interpretation of this MOU will be subject to resolution through the grievance and arbitration procedures of the CBA.

MEMORANDUM OF UNDERSTANDING

Worker Rights and I-9 Audit Procedures

Chasen Fiber Technologies LLC and UE Local 155 (NJ)

2024 (expiration unknown)

The parties have discussed and have come to the following agreement:

The Company will require that any federal immigration agent, Immigration and Customs

Enforcement (ICE) agent, Department of Homeland Security (DHS) agent, or State and Local law enforcement officials comply with legal requirements before they may be allowed to interrogate, search or seize the person or property of any worker. If the Company is served with a validly executed search or arrest warrant, the Company shall arrange for questioning of workers to occur in as private a setting as possible. The Company will notify the Union if the Company learns of an immigration investigation regarding a worker within two (2) days.

The Company shall provide six (6) month advance notice to employees of all expiring work authorization documents.

In addition, the Company shall provide six (6) month advance notice of any proposed I-9 audit. At the end of that six-month period, the Company will initiate the process detailed in the "I-9 Audit Procedure" section of this MOU.

The Company will not participate in the E-Verify program unless the Company's participation in E-Verify is required by law. If the Company seeks to enroll in E-Verify or other comparable programs, it shall provide notice to the Union. The Union shall have the right to reject such enrollment unless the Company's participation in E-Verify is required by law. The Company shall provide all legal and economic justification for the Company's participation in the E-Verify program. If the Company's participation in E-Verify is based upon the creation of a new position, the Company must demonstrate why that position could not be housed in one of lntegreon's subsidiary companies. The Union shall have the right to bargain the impacts of proposed participation in the E-Verify program or changes in Federal or New Jersey State law that would negate portions of this MOU.

If any provision of this MOU is declared invalid by a court or competent jurisdiction or otherwise rendered invalid through governmental regulation or law, such invalidity shall not invalidate the entire MOU; it is the express intention of the parties that all other provisions not declared invalid shall remain in full force and effect.

Notification and Scope of an I-9 Audit

The Company may only perform an internal audit of their I-9 forms a maximum of once every three (3) years to be calculated on a rolling basis unless the Union after notification by the Company agrees to such an audit. The Company will not use a third party to undertake internal I-9 audits unless required by a court or government administrative agency. The Company shall notify the Union within 24 hours of all orders from a court or government administrative agency to audit I-9 documentation.

Reviewing the I-9 forms of new hires in connection with training of HR employees or designees does not constitute an "internal audit" for purposes of this paragraph. The Company shall provide a seven (7) day advance notice to the Union prior to training of HR employees or designees. I-9 forms for new hires will be completed within three (3) days of date of hire in accordance with U.S. Citizenship and Immigration Services requirements.

The Company must provide six (6) months notice before performing any internal I-9 audit. The Company must provide a written explanation of why any prospective audit is occurring and meet within fifteen (15) calendar days to discuss the scope of the audit with the Union.

Should the Company, after meeting with the Union, determine that the audit is necessary, they will notify all bargaining unit members in writing. All written notices must be sent in English, Spanish, and French.

I-9 Audit Procedure

The Company cannot review 1-9 forms and documents in batches. The Company must thoroughly perform an audit of all active employees, highlight employee I-9 discrepancies and the action needed to correct the discrepancy. The Company may not ask an employee about their migratory status. The Company must notify the Union of all affected employees fifteen (15) business days after the conclusion of the audit.

The Company, after notifying the Union, may begin the process of correcting I-9 discrepancies. If there is any discrepancy on an employee's I-9 form that will require the employee to resubmit a new I-9 or correct said discrepancy, the Company will call the employee into a private meeting. Before starting the meeting, the Company representatives must notify the employee of their right to have Union representation.

The Company will then notify the employee of any deficiencies with their I-9 paperwork and how to correct any such deficiency. The Company may only inquire about the acceptable I-9 documents that can be used to verify employment authorization or identity.

The Employee will then have fifteen (15) days from the date of the initial meeting to put their paperwork in order. The Employee can produce the needed documents at any point during these fifteen (15) days.

If the employee is not able to present the required documentation at the end of this fifteen (15) day period, the Company may place the employee on an unpaid leave of absence, with no compensation or benefits being paid, until they can produce the required documentation for up to two (2) years. If the employee can produce the required documentation within the two (2) year period, the Company will reinstate the Employee to the same or equivalent position if that position is available.

I-9 New Hire and Rehire Procedure

New Hire:

I-9 forms for new hires will be completed within three (3) days of date of hire in accordance with U.S. Citizenship and Immigration Services requirements. If the employee is unable to produce acceptable documents or receipts within three (3) business days of his or her start date, the employee will be terminated or placed on a leave of absence for a reasonable amount of time to allow the individual time to obtain the required documentation.

Rehire:

If an individual is rehired, or brought back after a reduction in force, layoff, etc., within three years of the date the original I-9 was completed, the Supplemental B, Reverification and Rehire section of the Form I-9 will need to be completed If an individual is rehired after three years of the original hire I-9 date, they will need to fill out a new I-9 form.

Terminated (Voluntary/Involuntary):

If an employee leaves the company, or is terminated, the Company will be required to keep the I-9 document, and any supporting documents, on file for 3 years from the date of hire or 1 year following termination of employment. No documents will be shredded or discarded during the required retention period.

Limitations on the Company

The Company shall not provide any I-9 documentation with any external entity, including but not limited to, vendors and prospective clients without first consulting with the Union.

The Union recognizes that internal audits may be required for mergers and acquisitions, but that all aforementioned restrictions on the Company will still apply.

Effective the ratification of this Memorandum of Understanding, the Company will not keep copies of documents used to verify employment eligibility or identity. All copies of documents used to verify employment eligibility or identity to comply with the processing of I-9 forms prior to the ratification of this Memorandum of Understanding will not be destroyed in accordance with the requirements established by the U.S. Citizenship and Immigration Services.