Farmworker Justice Immigration Update 7/10/15
Status of legal challenge to executive action on immigration
Yet another 4th of July passed without immigration reform, depriving millions of aspiring Americans of an opportunity to come forward and obtain protection from deportation and the ability to live and work in the United States without fear. Unfortunately, the road to relief may continue to be a long one.
The injunction preventing the implementation of President Obama’s immigration relief programs remains in place. Oral arguments on the appeal of the injunction were held today in the 5th Circuit Court of Appeals. The arguments are available here. Because two of the 5th Circuit Court of Appeals’ judges who ruled against the Obama Administration’s earlier request for an emergency stay of the injunction are on the panel that is hearing this appeal,the prospects for a favorable outcome are considered low. We cannot predict the timing of the 5th Circuit’s ruling. We do know, however, that the fight is not yet over. It is likely that either losing side will appeal the decision, possibly to the entire 5th Circuit Court of Appeals (called an en banc decision) and eventually to the Supreme Court. Unfortunately, the lawsuit has caused significant delays and is impeding the ability of eligible individuals to enroll in the DAPA and expanded DACA programs. Once we have had an opportunity to listen to the oral argument we will share any relevant observations with you.
Remember that the DACA 2012 program is not affected by the injunction and continues in effect. The only piece of the 2012 DACA program that has been affected is the issuance of 3 year employment authorization documents (EADs) following the injunction in February. Three year EADs issued or mailed to DACA recipients on or after the February 16, 2015 injunction will be replaced with 2 year EADs and the 3 year EADs must be returned to DHS. There are roughly 2000 of these post-injunction EADs. Roughly 100,000 3 year EADs were issued prior to the injunction and those DACA recipients are not affected by this recall.
Actions in support of immigration relief and against family separation took place today in New Orleans and across the country. Farmworkers traveled to New Orleans with the UFW and UFW Foundation to join the actions. The actions are sending the message that we will continue fighting for immigration reform and that we will hold elected officials accountable for their actions and statements. More information is available at http://www.stopseparatingfamilies.org/events/.
What’s going on with Congress’s continued failure to pass immigration reform…
H-2A agricultural guestworker program
In June/early July, the U.S. State Department reported a glitch on their computer system to process visas, including H-2A visas. Several hundred H-2A guestworkers waited along the borders for days as the computer system was being repaired. Impacted employers protested loudly, pointing to a loss of profits. Of course H-2A workers were also suffering from these delays as they incurred costs for hotel and sustenance while waiting for the ability to travel to the United States and begin work (the employer is ultimately supposed to pay the costs but until that happens, workers carry the burden of the debt).
The back-up demonstrates what we already know: the H-2A program is not a solution to our nation’s broken immigration system. Congress must take action to enact comprehensive immigration legislation that provides a path to legalization for the roughly 11 million aspiring Americans, including farmworkers and their families. Immigration reform should also address the flawed H-2A program and should ensure that any future guestworker program includes a roadmap to citizenship, strong and equal labor protections, true economic freedom and mobility, and sensible limits.
State Legislation
While we would love for Congress to wake up to the realities on the ground and pass immigration reform legislation, it’s unlikely in the near future. We are already seeing Presidential candidates using the immigration issue to build their campaigns, most notably in the downright racist comments of Donald Trump, of which we are sure many of you are all too aware.
Some states have tried to take matters into their owns hands (remember Utah?) and now there is legislation in California that seeks to do just that– Assembly Bill 20, authored by Assembly Member Alejo. Unfortunately, as currently framed, AB 20 is actually more like a grower-sought guestworker program than a legalization program that respects the contributions of agricultural workers. The legislation adopts grower critiques of the H-2A program, requires potentially eligible workers to meet a past and future agricultural work requirement (with none of the modest protections found in the H-2A program), and does not ensure that farmworkers have equal representation in process. As the symbolic legislation that it is (since it’s a state acting in a federally preempted sphere, which the bill acknowledges), the legislation and its symbolism should be based on immigration status and economic freedom, not a narrow “work permit” along the lines of a guestworker program that primarily serves the benefit of agricultural employers.
Unionization and Litigation Successes Help Address Broken and Discriminatory System
The undocumented status of the majority of farmworkers is widely recognized as a major contributing factor to the low wages, poor conditions and extensive illegal practices in agriculture. Recent settlements and cases highlight the rampant abuses in agriculture but also point to successes in the courts. The U.S. Equal Employment Opportunities Commission (EEOC) settled for $330,000 a sexual harassment and retaliation lawsuit on behalf of 10 farmworkers against Zoria farms (which previously operated a dried-fruit processing company that was sold to Z Foods). The case alleges that at least four female workers were sexually harassed by two supervisors. Along with their coworkers, the women reported the issue; however, their complaints were not addressed by the company. Instead, the victims and coworkers who reported the harassment were not rehired when Zoria Farms was sold to Z-Foods. The case against Z Foods is still pending.
In a victory for farmworkers, the United Farm Workers and five workers settled lawsuits against the California Division of Occupational Safety and Health (Cal-OSHA) for neglecting its duty to enforce the Heat Illness Prevention regulations. The settlement will result in better enforcement of the heat protection regulations and better coordination with the UFW to ensure that farmworkers and other outdoor workers are protected from heat illness and death. More information, including an informational video featuring Secretary of Labor Perez and UFW President Rodriguez, is available on the UFW’s website.
In New Mexico, years of advocacy by the New Mexico Center on Law and Poverty has resulted in a decision by the state Court of Appeals that the exclusion of farm and ranch laborers from the Workers’ Compensation Act violates farmworkers’ rights to equal protection under the state Constitution. In reaching its decision, the court noted “[w]e fail to see any real differences between farm and ranch laborers and all other workers in New Mexico that would justify the exclusion.”
In Vermont, dairy workers with Migrant Justice are organizing for justice through the launch of a new campaign, Dairy for Dignity. The campaign seeks to improve living and working conditions for workers through a five-point plan that would include a farmworker authored code-of-conduct, farmworker education, and economic relief. Ben and Jerry’s has committed to working with Vermont dairy workers to adopt the Milk with Dignity campaign in its supply chain. Migrant Justice’s also recently released a survey of living and working conditions for dairy workers. The survey found that roughly 40% of Vermont’s dairy workers are paid under the Vermont minimum wage and have no day off per week. On average, the dairy workers surveyed worked between 60-80 hours per week.
Farmworker Movement in DC
Finally, we wanted to share that on July 3rd, the Smithsonian’s National Portrait Gallery opened their exhibit “One Life: Dolores Huerta,” focusing on Dolores Huerta’s work and role in the farmworker movement of the 1960s and 70s. If visiting with your Members of Congress is not reason enough for you to come to DC, this exhibit provides you another purpose for a trip to DC! As you may know, Farmworker Justice earlier this year created an annual Dolores Huerta Award.
Stay tuned for our next update, in which we plan to share more information and analysis about the DHS’s enforcement priorities.
Status of legal challenge to executive action on immigration
Yet another 4th of July passed without immigration reform, depriving millions of aspiring Americans of an opportunity to come forward and obtain protection from deportation and the ability to live and work in the United States without fear. Unfortunately, the road to relief may continue to be a long one.
The injunction preventing the implementation of President Obama’s immigration relief programs remains in place. Oral arguments on the appeal of the injunction were held today in the 5th Circuit Court of Appeals. The arguments are available here. Because two of the 5th Circuit Court of Appeals’ judges who ruled against the Obama Administration’s earlier request for an emergency stay of the injunction are on the panel that is hearing this appeal,the prospects for a favorable outcome are considered low. We cannot predict the timing of the 5th Circuit’s ruling. We do know, however, that the fight is not yet over. It is likely that either losing side will appeal the decision, possibly to the entire 5th Circuit Court of Appeals (called an en banc decision) and eventually to the Supreme Court. Unfortunately, the lawsuit has caused significant delays and is impeding the ability of eligible individuals to enroll in the DAPA and expanded DACA programs. Once we have had an opportunity to listen to the oral argument we will share any relevant observations with you.
Remember that the DACA 2012 program is not affected by the injunction and continues in effect. The only piece of the 2012 DACA program that has been affected is the issuance of 3 year employment authorization documents (EADs) following the injunction in February. Three year EADs issued or mailed to DACA recipients on or after the February 16, 2015 injunction will be replaced with 2 year EADs and the 3 year EADs must be returned to DHS. There are roughly 2000 of these post-injunction EADs. Roughly 100,000 3 year EADs were issued prior to the injunction and those DACA recipients are not affected by this recall.
Actions in support of immigration relief and against family separation took place today in New Orleans and across the country. Farmworkers traveled to New Orleans with the UFW and UFW Foundation to join the actions. The actions are sending the message that we will continue fighting for immigration reform and that we will hold elected officials accountable for their actions and statements. More information is available at http://www.stopseparatingfamilies.org/events/.
What’s going on with Congress’s continued failure to pass immigration reform…
H-2A agricultural guestworker program
In June/early July, the U.S. State Department reported a glitch on their computer system to process visas, including H-2A visas. Several hundred H-2A guestworkers waited along the borders for days as the computer system was being repaired. Impacted employers protested loudly, pointing to a loss of profits. Of course H-2A workers were also suffering from these delays as they incurred costs for hotel and sustenance while waiting for the ability to travel to the United States and begin work (the employer is ultimately supposed to pay the costs but until that happens, workers carry the burden of the debt).
The back-up demonstrates what we already know: the H-2A program is not a solution to our nation’s broken immigration system. Congress must take action to enact comprehensive immigration legislation that provides a path to legalization for the roughly 11 million aspiring Americans, including farmworkers and their families. Immigration reform should also address the flawed H-2A program and should ensure that any future guestworker program includes a roadmap to citizenship, strong and equal labor protections, true economic freedom and mobility, and sensible limits.
State Legislation
While we would love for Congress to wake up to the realities on the ground and pass immigration reform legislation, it’s unlikely in the near future. We are already seeing Presidential candidates using the immigration issue to build their campaigns, most notably in the downright racist comments of Donald Trump, of which we are sure many of you are all too aware.
Some states have tried to take matters into their owns hands (remember Utah?) and now there is legislation in California that seeks to do just that– Assembly Bill 20, authored by Assembly Member Alejo. Unfortunately, as currently framed, AB 20 is actually more like a grower-sought guestworker program than a legalization program that respects the contributions of agricultural workers. The legislation adopts grower critiques of the H-2A program, requires potentially eligible workers to meet a past and future agricultural work requirement (with none of the modest protections found in the H-2A program), and does not ensure that farmworkers have equal representation in process. As the symbolic legislation that it is (since it’s a state acting in a federally preempted sphere, which the bill acknowledges), the legislation and its symbolism should be based on immigration status and economic freedom, not a narrow “work permit” along the lines of a guestworker program that primarily serves the benefit of agricultural employers.
Unionization and Litigation Successes Help Address Broken and Discriminatory System
The undocumented status of the majority of farmworkers is widely recognized as a major contributing factor to the low wages, poor conditions and extensive illegal practices in agriculture. Recent settlements and cases highlight the rampant abuses in agriculture but also point to successes in the courts. The U.S. Equal Employment Opportunities Commission (EEOC) settled for $330,000 a sexual harassment and retaliation lawsuit on behalf of 10 farmworkers against Zoria farms (which previously operated a dried-fruit processing company that was sold to Z Foods). The case alleges that at least four female workers were sexually harassed by two supervisors. Along with their coworkers, the women reported the issue; however, their complaints were not addressed by the company. Instead, the victims and coworkers who reported the harassment were not rehired when Zoria Farms was sold to Z-Foods. The case against Z Foods is still pending.
In a victory for farmworkers, the United Farm Workers and five workers settled lawsuits against the California Division of Occupational Safety and Health (Cal-OSHA) for neglecting its duty to enforce the Heat Illness Prevention regulations. The settlement will result in better enforcement of the heat protection regulations and better coordination with the UFW to ensure that farmworkers and other outdoor workers are protected from heat illness and death. More information, including an informational video featuring Secretary of Labor Perez and UFW President Rodriguez, is available on the UFW’s website.
In New Mexico, years of advocacy by the New Mexico Center on Law and Poverty has resulted in a decision by the state Court of Appeals that the exclusion of farm and ranch laborers from the Workers’ Compensation Act violates farmworkers’ rights to equal protection under the state Constitution. In reaching its decision, the court noted “[w]e fail to see any real differences between farm and ranch laborers and all other workers in New Mexico that would justify the exclusion.”
In Vermont, dairy workers with Migrant Justice are organizing for justice through the launch of a new campaign, Dairy for Dignity. The campaign seeks to improve living and working conditions for workers through a five-point plan that would include a farmworker authored code-of-conduct, farmworker education, and economic relief. Ben and Jerry’s has committed to working with Vermont dairy workers to adopt the Milk with Dignity campaign in its supply chain. Migrant Justice’s also recently released a survey of living and working conditions for dairy workers. The survey found that roughly 40% of Vermont’s dairy workers are paid under the Vermont minimum wage and have no day off per week. On average, the dairy workers surveyed worked between 60-80 hours per week.
Farmworker Movement in DC
Finally, we wanted to share that on July 3rd, the Smithsonian’s National Portrait Gallery opened their exhibit “One Life: Dolores Huerta,” focusing on Dolores Huerta’s work and role in the farmworker movement of the 1960s and 70s. If visiting with your Members of Congress is not reason enough for you to come to DC, this exhibit provides you another purpose for a trip to DC! As you may know, Farmworker Justice earlier this year created an annual Dolores Huerta Award.
Stay tuned for our next update, in which we plan to share more information and analysis about the DHS’s enforcement priorities.