Employer Threatening to Call Immigration? Your Rights in the U.S.

As of September 2026, in the United States, an employer who threatens to call immigration because you asked for your wages, complained about discrimination or a hazard at work, or joined with coworkers to improve working conditions may be committing retaliation that federal law prohibits. According to a joint fact sheet from the EEOC, the Department of Labor, the NLRB and the Department of Justice, those laws protect workers regardless of immigration status.

California, Colorado, Illinois, New Jersey, New York and Washington also say so expressly in their own statutes. This page explains what each law prohibits, where its limits are, whether you can record the threat, and where to report it.

This page covers U.S. federal law and the laws of six states on immigration-related threats by employers. It is general information and does not replace advice from a lawyer or an accredited representative about your situation.

Is it illegal for your employer to threaten to call immigration?

When the threat is a response to something you did to claim your rights, generally yes. Federal labor laws do not say "your boss can never mention immigration." What they prohibit is punishing, threatening or intimidating a worker because the worker exercised a protected right. That is retaliation.

Examples of protected rights include:

• Claiming minimum wage, overtime or pay you are owed, from your employer or from the government.
• Complaining about discrimination or harassment, or taking part in an investigation of it.
• Reporting a health or safety hazard at work.
• Acting together with coworkers to improve pay or working conditions, with or without a union.

The joint fact sheet from the EEOC, the Department of Labor, the NLRB and the Department of Justice, last updated December 10, 2015, puts it this way:

U.S. laws generally prohibit employers from retaliating against workers for exercising their workplace rights, regardless of the workers' immigration status.

The link to the protected right is what matters. In Sure-Tan, Inc. v. NLRB, 467 U.S. 883 (1984), a union won an election among a company's employees. Right afterward, the company's president threatened the employees with notifying the Immigration and Naturalization Service (INS) because they had supported the union, and he later wrote to the INS. INS agents arrested five workers, and that same day the five accepted voluntary departure and were put on a bus bound for Mexico. The NLRB found the threat unlawful, and the Supreme Court affirmed that the employer violated the National Labor Relations Act by forcing the workers out this way. But the Court also made clear that, absent evidence the report was retaliation for union activity, reporting or firing an undocumented worker would not by itself be an unfair labor practice under that law.

Two other limits are worth knowing:

• Employment verification is a legal duty of the employer. Being asked to complete Form I-9 when you are hired is not a threat. What can be unlawful is demanding more or different documents than the law requires, or using verification to intimidate you. The Department of Justice handles those practices (see below).
• Some state laws exclude what the employer does at the federal government's direction. California and Illinois, for example, exclude conduct undertaken at the express and specific direction of the federal government.

Even when a threat is not tied to a workplace complaint, other laws can apply, such as extortion in California or the federal forced-labor crime when the threat is used to make someone work. Those laws are covered below.

What federal law says

Several federal laws protect against retaliation. Each covers a different kind of complaint and has its own agency and its own deadline.

Minimum wage and overtime: the FLSA

The Fair Labor Standards Act (FLSA) makes it unlawful under 29 U.S.C. § 215(a)(3) "to discharge or in any other manner discriminate against any employee" because the employee filed a complaint, started a proceeding under the Act, or testified in one. According to the joint fact sheet, the protection covers complaints made to the Department of Labor or to the employer, orally or in writing.

The same fact sheet gives this example: "it would be unlawful for an employer to report an undocumented worker to immigration authorities in retaliation for filing a wage claim."

When there is a violation, 29 U.S.C. § 216(b) allows appropriate legal or equitable relief, including employment, reinstatement, payment of lost wages and an equal additional amount as liquidated damages. The fact sheet cautions that some remedies for retaliation may be limited for workers without work authorization.

The Department of Labor's Wage and Hour Division (WHD) enforces the FLSA. Its Spanish-language FAQ states that WHD will keep enforcing the FLSA regardless of an employee's immigration status and that all complaints are confidential, with two exceptions: when your identity must be revealed, with your permission, to pursue the complaint, and when a court orders WHD to disclose the information.

Acting together with coworkers: the NLRA

The National Labor Relations Act (NLRA) protects, in 29 U.S.C. § 157, employees' right to organize and to engage in other "concerted activities" for mutual aid or protection. According to the joint fact sheet, that includes joining together to improve working conditions even without a union.

The NLRA does not cover every worker. Its definition of "employee" in 29 U.S.C. § 152(3) "shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, ... or any individual having the status of an independent contractor, or any individual employed as a supervisor," among other exclusions. So farmworkers, household workers employed by a family in its home, independent contractors and supervisors cannot use the NLRB route described in this section.

That exclusion applies only to the NLRA. If it leaves you out, other routes can still apply: the FLSA's anti-retaliation rule in 29 U.S.C. § 215(a)(3) protects "any employee" who files a complaint, and the state laws in the table below set their own coverage. Whether a worker labeled an independent contractor is legally an employee depends on the facts of the job.

29 U.S.C. § 158(a)(1) makes it an unfair labor practice for an employer to interfere with, restrain or coerce employees in exercising those rights. The NLRB lists among unlawful conduct threatening employees with adverse consequences if they engage in protected, concerted activity.

On its immigrant worker rights page, the NLRB says it protects employees' rights "regardless of immigration status" and that you do not need to share information about your immigration status or your coworkers' status.

What Hoffman Plastic decided, and what it did not. In Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), the Supreme Court held that federal immigration policy barred the NLRB from awarding backpay to an unauthorized worker who was unlawfully fired for taking part in a union organizing campaign. That backpay was for work he never performed after the firing. The case was not about wages for work already done. The decision addressed that remedy: the Court noted that the employer remained subject to an order to stop violating the Act and to post a notice to its employees, on pain of contempt if it failed to comply.

The joint fact sheet sums up the current rule: under the NLRA, reinstatement and backpay are not available to employees without work authorization, but a worker is always entitled to pay for work actually performed, regardless of immigration status.

Discrimination and harassment: EEOC laws

The Equal Employment Opportunity Commission (EEOC) enforces the laws against discrimination based on race, color, religion, sex, national origin, age, disability and genetic information. Those laws prohibit retaliation against anyone who files a charge, complains about discrimination, or takes part in an investigation.

In its 2016 enforcement guidance on retaliation, the EEOC gives the example of undocumented farm workers who complained of sexual harassment and were threatened with exposure of their immigration status. The EEOC concludes that threatening to report the workers' suspected immigration status to government authorities, or actually reporting them, is materially adverse and actionable as retaliation because it is likely to deter protected activity. It adds that the workers' undocumented status is not a defense.

Health and safety: OSHA

Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), prohibits discharging or discriminating against an employee for filing a safety complaint. The joint fact sheet says this protection applies regardless of immigration status. A retaliation complaint must be filed with OSHA within 30 days after the retaliation.

I-9 documents and intimidation: the Department of Justice

The Justice Department's Immigrant and Employee Rights Section (IER) enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b. According to its official page, that law prohibits unfair documentary practices during employment eligibility verification (Form I-9 and E-Verify) and retaliation or intimidation. Its intimidation rule, 8 U.S.C. § 1324b(a)(5), is tied to that same law: it covers threats made "for the purpose of interfering with any right or privilege secured under this section" or because someone filed a charge or complaint under it. A threat that follows only a wage or safety complaint belongs with the agencies above. A charge with IER must be filed within 180 days of the practice, under § 1324b(d)(3). Its worker hotline is 1-800-255-7688.

When the threat is used to force you to work

The federal forced-labor crime, 18 U.S.C. § 1589, punishes anyone who knowingly obtains a person's labor "by means of the abuse or threatened abuse of law or legal process," among other means. The statute defines that abuse as using or threatening to use a law or legal process, whether administrative, civil or criminal, for a purpose it was not designed for, in order to pressure someone to take or refrain from some action. The penalty can reach 20 years in prison. A single threat after a complaint is normally handled as retaliation under the laws above; § 1589 applies when the threat is the means by which the employer gets the work.

If you are the victim of certain crimes and help the authorities, an immigration option may exist. USCIS explains that the U visa is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution. The NLRB says it will consider completing U visa and T visa certifications in appropriate cases. Whether you meet the requirements is something a lawyer or accredited representative needs to assess.

State laws that expressly prohibit these threats

On top of federal law, these six states have statutes that expressly name immigration-related threats or reports. Each has its own scope: some protect any right under the state labor code, others only certain complaints.

Some details behind the table:

• California, extortion. Penal Code § 519 says the fear that constitutes extortion may be induced by a threat to report a person's immigration status. Extortion, under § 518, is obtaining property or other consideration from someone, with their consent, induced by a wrongful use of force or fear.
• California, lawyers. A California-licensed lawyer who reports or threatens to report the immigration status of a witness or party in a case, because that person exercised an employment or housing right, faces suspension, disbarment or other discipline under Business and Professions Code § 6103.7.
• California, documents. During I-9 verification, Labor Code § 1019.1 prohibits requesting more or different documents than federal law requires and using an unfair immigration-related practice to reverify a current employee. The penalty can reach $10,000 per violation.
• Washington keeps the worker's and family members' names and personal information in the complaint confidential; they may be disclosed only to the employer, under the same RCW 49.46.370.

Other states. The table includes only these six statutes. The other states were not individually reviewed for this guide, and that does not mean these threats are lawful there: the federal laws above apply nationwide, and many states have general anti-retaliation laws. Check with your state labor agency.

Can you record the threat?

Often yes, but it depends on the state. Federal law allows you to record a conversation you take part in: 18 U.S.C. § 2511(2)(d) says it is not unlawful for a person not acting under color of law to intercept a communication to which that person is a party, unless it is done to commit a criminal or tortious act. But some states require the consent of everyone in the conversation.

Note: in California, Illinois and Washington, recording without everyone's consent is a crime unless an exception applies, and the exceptions below may not cover an ordinary threat made after a complaint.

The three all-party states have exceptions that can matter when there is a threat, each with its own requirements:

• California. Penal Code § 633.5 lets one party record a confidential communication to obtain evidence reasonably believed to relate to certain crimes by the other party, including extortion. Be careful: under § 632(d), a recording made in violation of that law is not admissible in any judicial or administrative proceeding, and under § 632(a) unlawful recording can bring a fine of up to $2,500 per violation, jail or prison, or both.
• Washington. RCW 9.73.030(2) allows one-party recording of communications that convey threats of extortion, blackmail, bodily harm or other unlawful requests or demands.
• Illinois. The exemption in 720 ILCS 5/14-3(i) lets a party record when there is reasonable suspicion that another party is committing or has committed a criminal offense against the person or a member of the person's immediate household, and there is reason to believe the recording will capture evidence of it.

Do not assume an exception covers you. Each one applies only when the threat is itself a qualifying crime or demand: extortion or another listed crime in California, a threat of extortion, blackmail, bodily harm or another unlawful request or demand in Washington, or a criminal offense against you or your household in Illinois. A threat made only to punish you for a complaint may not meet that test, and it is often unclear in advance whether it does.

Recording outside an exception is itself a crime. In Illinois, eavesdropping is a Class 4 felony for a first offense under 720 ILCS 5/14-4. In Washington, a violation is a gross misdemeanor under RCW 9.73.080. California's penalties are above.

In those three states, the safer evidence is what you can keep without recording: save texts, emails and voice messages the employer sent you, write down as soon as possible what was said, when and where, and note who else was present, since a witness can confirm what was said. For each state's rules, see the guide to recording laws in the United States.

Where to report

File with the agency that matches the right you exercised. Deadlines are short, so do not wait.

What the federal agencies say about confidentiality and status:

• WHD says complaints are confidential and that the complainant's name and the nature of the complaint are not disclosed, with two exceptions: disclosure with your permission when needed to pursue the complaint, and disclosure ordered by a court. According to the joint fact sheet, its helpline offers language services.
• The NLRB says you do not need to share information about your immigration status.

In the states in the table, you can also go to the state agency:

• California: the Labor Commissioner's Office says workers who file claims are not required to disclose their immigration status and that the office does not ask about it.
• New Jersey: the Department of Labor takes retaliation complaints at 609-292-2305 and, according to its handout, serves all workers regardless of status and does not ask about it.
• Washington: the Department of Labor and Industries takes complaints of immigration-status coercion within 180 days.
• New York: the law allows a complaint to the labor commissioner or a lawsuit filed directly within two years.
• Colorado: the law allows a lawsuit, and the state labor division may investigate and order relief.

About "deferred action" for labor disputes. The NLRB's page still mentions requesting a "Statement of Interest" that workers can use to ask the Department of Homeland Security (DHS) for deferred action. However, both DHS and USCIS have moved their pages on that process to their archives, with notices that the information may be out of date. Do not count on that protection without first talking to a lawyer or accredited representative.

What to do if you are threatened

1. Keep evidence. Write down the date, time, exact words and witnesses. Save messages, emails, voice notes, pay stubs and any record of your hours.
2. Identify the right you exercised. If the threat came after a wage claim, a safety or discrimination complaint, or action with coworkers, that is what links the threat to retaliation.
3. Do not sign documents you do not understand, and never present false documents. Presenting false documents can have serious immigration and criminal consequences on top of the employment ones.
4. File on time. The 30-day (OSHA), 180- or 300-day (EEOC) and 6-month (NLRB) deadlines run from the retaliation.
5. Get free or low-cost legal help before acting on immigration matters. EOIR publishes a list of pro bono legal service providers by state. Be careful with anyone advertising as a "notario": see our guide to notario fraud.
6. Prepare your family. If you are worried about a visit from immigration agents, read what to do if ICE comes to your door and your rights when recording ICE agents.

All the guides on this topic are in the immigrant rights section.

Disclaimer: This article provides general legal information about immigration-related threats by employers under U.S. federal law and the laws of California, Colorado, Illinois, New Jersey, New York and Washington in effect in September 2026. It is not legal advice and does not replace an assessment of your situation by a licensed attorney or an EOIR-accredited representative.

Frequently Asked Questions

Is it illegal for my boss to threaten to call ICE if I ask for my wages?

According to the EEOC, the Department of Labor, the NLRB and the Department of Justice, federal laws generally prohibit retaliation against workers who exercise their workplace rights, regardless of immigration status, and it would be unlawful to report an undocumented worker to immigration authorities in retaliation for filing a wage claim. California, Colorado, Illinois, New Jersey, New York and Washington also prohibit it expressly by statute, each with its own scope.

Do labor laws protect me if I am undocumented?

Yes. WHD says it enforces the FLSA regardless of an employee's immigration status, the NLRB protects employees' rights regardless of status, and the EEOC applies its laws to every person. Some remedies are more limited: under the NLRA, reinstatement and backpay for work not performed are not available to workers without work authorization, but pay for work already done is always owed. The NLRA itself does not cover farmworkers, household workers employed by a family, independent contractors or supervisors; the FLSA and state laws may still protect them.

What did the Hoffman Plastic case decide?

In Hoffman Plastic Compounds v. NLRB (2002), the Supreme Court held that the NLRB could not award backpay to an unauthorized worker for work not performed after an unlawful firing. The Court noted that the employer remained subject to other sanctions, such as an order to stop violating the Act and to post a notice to its employees.

Do I have to tell the agency my immigration status when I file?

The NLRB says you do not need to share information about your immigration status. The California Labor Commissioner and the New Jersey Department of Labor say they do not ask about the status of people who file claims. WHD says complaints are confidential, except when you allow disclosure to pursue the complaint or a court orders it.

Can I record my boss when he threatens me?

It depends on the state. Federal law and states such as Colorado, New Jersey and New York allow you to record a conversation you take part in. California, Illinois and Washington generally require the consent of all parties to a private or confidential conversation, with narrow exceptions for certain threats or crimes that may not cover an ordinary threat after a complaint. Recording outside those exceptions is itself a crime (a felony in Illinois), and in California an unlawful recording cannot be used as evidence. In those states, written notes, witnesses and saved texts are safer evidence.

How long do I have to report retaliation?

It depends on the law: 30 days for an OSHA retaliation complaint, 6 months for an NLRB charge, 180 days for an IER charge and 180 days for an EEOC charge, extended to 300 if a state or local agency enforces a similar law. In Washington, a complaint of immigration-status coercion is due within 180 days, and in New York a retaliation lawsuit is due within two years.

Can my employer ask me for immigration documents?

Employers must verify work authorization on Form I-9 when they hire you. What can be unlawful is demanding more or different documents than the law requires, or using verification to intimidate you. The Justice Department's IER section takes those complaints at 1-800-255-7688.