Farmworker Justice Update - 04/26/18

Farmworker Justice Update: 04/26/18

H-2A Program Statistics for Second Quarter of FY 2018 Show Continued Expansion

The Office of Foreign Labor Certification recently published statistics on the H-2A program for the second quarter of FY 2018.  Over 80,000 positions were certified during this quarter, bringing the total number of H-2A positions certified to 112,214, an approximately 15% increase over the same period last year. This latest data shows the continuing trend of increased use of the H-2A temporary agricultural worker visa program, in spite of employers’ complaints that the program is unworkable. Last year (FY 2017), over 200,000 positions were certified under the program.

Tobacco Workers: FLOC Expands Boycott of Reynolds

The Farm Labor Organizing Committee, AFL-CIO (FLOC), which represents thousands of farmworkers in North Carolina, announced expansion of its boycott of Reynolds American Inc. (now owned by British American Tobacco)’s VUSE e-cigarette brand.  Seeking Reynolds’ signature on an agreement to ensure farmworkers’ rights to organize and improve their working conditions, FLOC and supporters held over 40 demonstrations around the country this month. For more information, visit the FLOC website.

Farmworker Women Call for Improvement of Protections against Sexual Harassment

In the wake of the #MeToo movement to combat sexual harassment, farmworker women from the Alianza Nacional de Campesinas (National Alliance of Farmworker Women) are calling for the improvement of Title VII protections against discrimination, including sexual harassment. The issue of sexual harassment and gender based violence was one of the main topics discussed at Alianza’s recent national convening held in Washington, D.C. Some of the other priority topics discussed included immigration, labor conditions and pesticides. For more information on Alianza and its work, please visit their website.

Workplace Raid on Tennessee Meat Processing Plant Results in Nearly 100 Arrests

On April 5, Immigration and Customs Enforcement (ICE) agents raided the Southeastern Provision meat-processing plant in Bean Station, Tennessee. During the raid, ICE arrested nearly 100 people, making this the largest workplace raid in a decade. The Southern Poverty Law Center (SPLC) is representing approximately 50 of those arrested, working alongside the Tennessee Immigrant and Refugee Rights Coalition (TIRRC). Many of those detained are parents, and the raid has had a significant impact on this small rural community. The day after the raid, hundreds of children were absent from school. A vigil was held shortly after the raid to show support to the families of those detained, and the community has also raised over sixty thousand dollars for the families. The raid has shown the terrible human impact of immigration enforcement and has caused some conservative voters in this rural area to re-assess their views on immigration policy.

ICE Arrests New York Dairy Worker, NY Governor and Senators Calling for Investigation of Incident

On April 18, ICE agents forcibly arrested a dairy worker in upstate New York in front of his wife and children. The dairy farmer who owns the property witnessed the arrest and demanded that the agents provide a warrant, asking them to leave when they did not. The agents did not leave, however, and when the farmer tried to record what was happening on his mobile phone, an ICE agent smashed his phone and briefly handcuffed him. The Workers’ Center of Central New York is aiding the family of the detained dairy worker. New York Senator Kirsten Gillibrand has called for an investigation into the incident and asked the Office of the Inspector General of the Department of Homeland Security (DHS) to look into what occurred. New York Governor Andrew Cuomo has also denounced the incident. On April 25, Gov. Cuomo sent ICE a “cease and desist” letter threatening to sue the agency for its disregard of the rule of law.

DOJ Reverses Decision to Halt Legal Orientation Program

On April 25, Attorney General Jeff Sessions announced that the Department of Justice (DOJ) is reversing course on its previous decision to halt the Legal Orientation Program (LOP). The program, which was launched in 2003, provides funding to a number of organizations across the country to educate immigrants about their rights. Last year, the program helped approximately 53,000 immigrants in over a dozen states. A 2012 DOJ study found that immigrants who participated in LOP completed their court proceedings more quickly and spent less time in detainment. The decision to halt the program had been criticized by the American Bar Association (ABA) as a way of eviscerating due process rights and eliminating transparency in the immigration system and various senators sent a letter to the DOJ last week asking the agency to restart the program. Sessions stated that the decision to resume the program was made in deference to Congress.

Data Shows Sanctuary Policies Encourage People to Report Crime

A recent article in the Washington Post notes that contrary to the Trump administration’s narrative, sanctuary policies can actually increase public safety by making undocumented residents feel secure enough to cooperate with law enforcement. Research indicates that sanctuary counties have either similar or lower rates of crime than counties without sanctuary policies. A recent study by the article’s author helps to explain why this is the case. When told that local law enforcement might be working together with ICE, participants’ responses showed that they were 60% less likely to a report a crime, 42% less likely to report being a victim of a crime, and 68% percent less likely to participate in public events with a police presence. 42% also said they were less likely to place their children in an after school or day care program.

Recent DACA Court Decision Could Eventually Lead to New Applications

On April 24, a D.C. federal judge was the latest to find the Trump Administration’s decision to rescind the DACA program unlawful. The decision resulted from a lawsuit brought by Princeton University (including a Princeton student who is a DACA recipient), the NAACP and Microsoft. The judge has given the government 90 days to provide better reasoning for its decision to end the program. If the government fails to do so, it must begin to accept and process new and existing DACA applications. Although two previous cases had already ordered DHS to accept renewal applications for current DACA recipients, this recent decision is the only one that may allow new applicants to participate in the program, which could benefit tens of thousands of young Dreamers who are currently unprotected.

Update on Farmworker Health and Safety

Farmworker Justice Sues EPA for Information about Agency’s Decision on Worker Rules

On April 17, Farmworker Justice and Earthjustice filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for its failure to turn over information pursuant to a Freedom of Information Act (FOIA) request. FJ and Earthjustice submitted a FOIA request in December 2017 asking for information on the EPA’s meetings with industry representatives and other materials relevant to the agency’s decision to revise and potentially weaken crucial protections in the Worker Protection Standard (WPS) and Certification of Pesticide Applicators (CPA) rules. The EPA did not comply with the deadline for responding to the FOIA request and has not provided any of this information. The lawsuit asks that the court order the EPA to provide the documents within 20 business days.

Global Warming Already Having an Impact on Texas Farmworkers

A recent article in Scientific American explores the impacts of global warming on farmworkers’ living and working conditions. Focusing on the Rio Grande Valley in South Texas, the article notes that the increasing heat caused by global warming has already cut into farmworkers’ work hours, resulting in less income. It also exacerbates farmworkers’ already difficult working conditions, making them more susceptible to heat stress and dehydration. This problem is not just prevalent in the fields – workers in packing sheds can also suffer from these effects, especially if the sheds are not air-conditioned, which they rarely are. Furthermore, as detailed by Texas RioGrande Legal Aid’s director of farmworker programs, Daniela Dwyer, farmworkers’ housing conditions also make them vulnerable to global warming’s impact, as they often live in crowded conditions, without air conditioning. Farmworkers may also have limited access to clean running water. These challenges are likely to worsen as global warming increases, making this an important topic for farmworker health.

Remembering Cesar E. Chavez (1927-1993)

April 23 marked the 25th anniversary of the death of Cesar Chavez, who co-founded the United Farm Workers and forever changed the nation.  For more information about him, visit the Cesar Chavez Foundation.