Congress moves to strip labor protections from millions of immigrant workers
S. 3215 — Putting American Workers First Act · Filed by Jim Banks (R-IN) · 4 cosponsors · Introduced Nov 19, 2025 · Referred to committee
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What it does
This bill amends the National Labor Relations Act to make it legal for employers to refuse to hire or employ unauthorized immigrants, and for unions to refuse to represent them for collective bargaining purposes. It creates a safe harbor: employers and unions that use the federal E-Verify system to check immigration status face no legal liability for these employment decisions, and firing an unauthorized worker cannot be used as evidence of anti-union animus.
Why we flagged it
The bill functionally strips workplace protections and union representation from a class of workers (unauthorized immigrants) by amending the National Labor Relations Act to exclude them from unfair labor practice coverage. It is framed as a worker-protection measure but operates as a labor-rights carve-out.
What the text implies
- Employers gain legal cover to discharge unauthorized workers without fear of unfair labor practice claims, even if the real motive is union-busting or retaliation for organizing activity.
- The E-Verify safe harbor may incentivize mass verification campaigns that disproportionately target workers of color or with accents, creating a chilling effect on union organizing in immigrant-heavy industries.
The full analysis lists 4 implications of this text.
Who stands to gain
labor-intensive industries (agriculture, construction, hospitality, food processing); employers in sectors with high unauthorized worker concentration; companies seeking to reduce labor organizing pressure