Farmworkers in the U.S.

Farmworker Justice Update - 07/06/18

Farmworker Justice Update: 07/06/18

Sen. Harris and Rep. Grijalva Introduce Overtime Bill for Farmworkers

On June 25, the 80th anniversary of the Fair Labor Standards Act (FLSA), Sen. Harris (CA) and Rep. Grijalva (AZ) introduced the “Fairness for Farm Workers Act” (S 3131/HR 6230), which would amend the FLSA to include agricultural workers in its overtime provisions.  It would also remove most of the remaining exclusions of farmworkers from the minimum wage. As stated by Sen. Harris, the bill “is a matter of basic fairness and justice.” The bill has 9 original co-sponsors in the Senate and 51 original co-sponsors in the House. Farmworker Justice strongly supports the Fairness for Farm Workers Act, as do over 100 labor and civil rights organizations. More information about the legislation, including a summary and a factsheet, are available on our website.

On June 21, Members of the House sponsored a briefing on FLSA’s 80-year history. Speakers included FJ’s Bruce Goldstein as well as members of Congress and representatives from the Center for American Progress, the National Employment Law Project, the Restaurant Opportunities Center, the National Child Labor Coalition and labor unions.  In addition to FLSA’s exclusions of farmworkers from overtime and other protections, Bruce discussed the challenges posed to enforcement of the minimum wage due to farm labor contracting, mandatory individual arbitration and workers’ fear of retaliation.

Second House Vote on Immigration Fails, Future Action on Immigration Uncertain  

On June 27, the House of Representatives voted on the “Border Security and Immigration Reform Act of 2018,” HR 6136, known colloquially as the Ryan “compromise” immigration bill. The bill failed by a vote of 121-301. Although Rep. Goodlatte submitted a proposed amendment to the Ryan bill containing his “Agricultural Guestworker Act” (AGA), the amendment was ultimately not included in the bill. However, House Republican leadership has reportedly promised to bring a  bill related to agricultural workers to a vote before the August recess. That bill’s terms are likely to be based on the Goodlatte AGA. The issue of family separation, discussed in more detail below, is another topic that may be the focus of Congressional action on immigration in the weeks to come.

California Judge Issues Family Separation Injunction

On June 26, a federal judge in California issued an injunction ordering the Trump administration to stop separating families at the border. The injunction also mandates that separated children under five (5) must be reunited with their parents within 14 days (by July 10), and all other children must be reunited with their parents within 30 days (by July 26).  The judge’s order also states that adults may not be deported from the U.S. without their children unless they “affirmatively, knowingly, and voluntarily decline to be reunited.” In spite of the order, there are recent concerning reports that immigration agents are forcing parents to choose between leaving the country with or without their children in an attempt to coerce parents to drop their asylum claims.

ICE Raids May Further Silence Undocumented Workers

A recent immigration raid in Ohio has renewed concerns that immigration enforcement may make it more difficult for workers to denounce unsafe workplace conditions. Last month’s raid in an Ohio meat processing plant occurred just a few weeks after the company was fined for failing to provide proper guards for one of its machines, which resulted in the death of a worker in December. As stated by FJ President Bruce Goldstein, many workers are too afraid of retaliation to challenge unfair or illegal conduct, especially in light of the increase in immigration enforcement.

USDA’s Legacy of Discrimination against Black Farmers

A recent article explores the history of discrimination against black farmers by the U.S. government, particularly the U.S. Department of Agriculture (USDA). There are approximately 44,000 black farmers in the U.S. today, making up less than 2% of the farmer population. By contrast, in 1920, black farmers made up approximately 14% of all farmers in the U.S. Advocates say this decrease is the result of active discrimination. For example, farmer Michael Stovall was repeatedly denied a USDA loan for lack of experience, despite the fact that his family had owned their farm for four generations. After more than a decade of litigation, Stovall was eventually awarded a settlement of $250,000. Stovall’s story is not unique. A class action brought against the USDA in 1999, Pigford v. Glickman, alleged racial discrimination and eventually resulted in payouts to over 80,000 individuals totaling more than a billion dollars. Currently, two of the biggest threats to black farm ownership include pressure from corporate farms to buy land for soybean and corn production and the ageing of black farmers without adequate estate planning to ensure the property stays in the family. More recently, Latino, Native American and women farmers sued the USDA for discrimination. Former USDA Secretary Vilsack established claims procedures and funds were set aside to pay successful claims.

Update on Farmworker Health and Safety

Farmworker Death from Heat Stress

Farmworker Justice expresses its condolences to the family of Miguel Angel Guzman Chavez, who died on June 21 from apparent heat stroke. Guzman Chavez, aged 24, had arrived in Georgia from Mexico on an H-2A temporary work visa just a few days earlier. He fell ill and collapsed while picking tomatoes. The temperature at the time was 95 degrees, with a heat index of up to 104 degrees. Several organizations are offering assistance to the family.

Need for Government Action to Prevent Heat Stress Deaths

Unfortunately, injuries and deaths from heat stress are not uncommon among farmworkers and yet they are almost always preventable. Farmworker Justice has sought federal safety standards to protect agricultural workers and is renewing our effort. In fact, Public Citizen, the United Farm Workers, and Farmworker Justice will soon petition the Occupational Safety and Health Administration (OSHA) to shield some of the most vulnerable U.S. populations, including farmworkers, by adopting heat stress protections. The petition will initiate the launch of a campaign to win a federal heat stress rule and encourage actions by state governments, as well as educate the public on the dangers of heat stress and the need to mitigate climate change. If your organization would like to sign on to the petition, please click here (the deadline for sign-on is July 10). For more information on this initiative, please contact FJ’s Director of Occupational & Environmental Health, Virginia Ruiz, at [email protected].  

Child Labor in Tobacco Fields

Recent articles in both The Guardian and The Atlantic detail the prevalence of child labor in the tobacco industry. Workers in tobacco fields are vulnerable to nicotine poisoning, known as green tobacco sickness, in addition to general health risks faced by farmworkers including heat stress, injuries and pesticide exposure. The lack of adequate child labor protections in agriculture, coupled with the broader exclusions of farmworkers from key labor protections, create a situation that is ripe for child labor. The widespread use of labor contractors in agriculture also exacerbates this issue, as farm operators claim ignorance regarding the presence of children in their fields or supply chains.   

Oral Arguments in Chlorpyrifos Case Set for July 9

On July 9, the U.S. Court of Appeals for the Ninth Circuit will hear oral argument in a lawsuit against the Environmental Protection Agency (EPA) regarding the agency’s decision to reverse a planned ban of the pesticide chlorpyrifos. Farmworker Justice is a plaintiff in the case. Chlorpyrifos was banned for household use two decades ago, and the EPA was set to ban the chemical for agricultural use as well, based on the agency’s own science. However, EPA Administrator Scott Pruitt reversed course after pressure from Dow Chemical – the nation’s largest manufacturer of chlorpyrifos. The agency’s next safety review of chlorpyrifos is currently set for 2022.

EPA Administrator Scott Pruitt Resigns

On July 5, EPA Administrator Scott Pruitt tendered his resignation. Pruitt was facing a series of ethics scandals and federal investigations related to his use of taxpayer funds for first class travel, security and other expenses, as well as use of his position to try to secure a job for his wife, among various other controversies. Deputy Administrator Andrew Wheeler, a former coal industry lobbyist, will now be the acting EPA Administrator

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.
 

Farmworker Justice Update - 04/06/18

Farmworker Justice Update: 04/06/18

California Agricultural Employers Decry Labor Shortage

A recent article discussed California agricultural employers’ concerns about labor shortages. Some growers claim that labor shortages caused crops not to be picked (but the article did not note that there can be financial reasons for a farmer limiting a harvest). Increased fears of immigration enforcement and deportations have had a chilling effect on the movement among farms by some undocumented workers. The lack of affordable housing near job sites is also cited by employers throughout the article as a challenging factor in retaining employees. The article mentions Swanton Berry Farm, the first certified organic farm in the U.S. to sign a labor contract with the United Farm Workers (UFW) as an example that could be emulated by other employers. Swanton’s labor contract includes health insurance, vacation leave, pensions and other benefits, including on-site housing. The article also mentions the growth of the cannabis industry as a higher-paying alternative for some agricultural workers. Although the article notes the potential for new harvesting technologies, employers recognize that many crops, including berries, will still rely on human labor.

President Trump Plans to Deploy National Guard to U.S.-Mexico Border

On April 4, President Trump signed a proclamation directing the National Guard to deploy to the southern U.S. border with Mexico. President Trump had previously stated that he wanted to deploy military personnel to the border until he is able to complete construction of a border wall. On April 5, President Trump stated that between 2,000 and 4,000 National Guard troops could be sent to the border. The decision comes at a time when unauthorized migration to the U.S. is at an all-time low, as are border apprehensions, and many apprehensions are actually asylum seekers who present themselves willingly to border agents seeking assistance. As noted by the Southern Border Communities Coalition (SBCC), this decision is of great concern to the local communities who will suffer from increased militarization of the border.

DOJ Sets Performance Quotas for Immigration Judges

The Department of Justice (DOJ), led by Attorney General Jeff Sessions, recently announced that it is setting quotas for immigration judges as part of a broader attempt to speed up deportations. The new quotas will require immigration judges to clear at least 700 cases a year, regardless of the merits or complexities of the cases involved. Immigration lawyers and judges have voiced their opposition to the quotas, stating that they will undermine judicial independence and erode due process rights for immigrants.

Trump Administration Seeks to Add Citizenship Question to 2020 Census

On March 26, the Trump administration announced that it plans to include a citizenship question in the 2020 census. The census, which is constitutionally mandated, is used to apportion Congressional representation and federal funds to states. Experts fear that the inclusion of an immigration question will lead to lower response rates and/or inaccurate census data, with significant political and economic impacts for both immigrant and non-immigrant communities. Furthermore, the immigration question is unnecessarily intrusive and may raise concerns about the confidentiality of the census’ personal information and how government authorities may use that information. There are already many challenges in ensuring an accurate count of farmworkers in the census and questions regarding citizenship status will only worsen this problem. On April 3, seventeen state attorney generals filed a lawsuit against the Trump administration challenging the decision to add a citizenship question to the census. The lawsuit notes that both the Census Bureau and all its living former directors have warned that questioning residents about their immigration status would jeopardize the accuracy of the census. As noted by Mother Jones, an unfair and inaccurate census could have negative impacts for decades to come.

Update on Farmworker Health and Safety

New Draft of “Public Charge” Proposal Would Harm Low-Wage Immigrant Workers

The Washington Post recently obtained a new draft of a Department of Homeland Security (DHS) “public charge” proposal which would penalize immigrants for using public benefits. The draft proposal, which has been mentioned in prior Farmworker Justice updates, would apply to those seeking immigration visas or legal permanent residency in the U.S. Applicants could be denied the immigration status they seek if they have used welfare or public benefits in the past, even if said benefits were for their U.S.-citizen dependents. The latest draft proposal would even penalize people in families that used popular tax deductions such as the Earned Income Tax Credit (EITC). The EITC benefits families with low-income workers, among whom are most farmworkers because of the low wages most farmworker receive. DHS officials have said the proposal is not finalized, but the agency has also said that it is preparing to publish the proposed rule changes soon.  Farmworker Justice will continue to monitor the proposal and will send an update if and when the proposal is finalized and published.

PPDC Member Letter Notes EPA’s Mischaracterization of Policy Discussion

A recent Think Progress article focuses on a letter sent by several members of the Pesticide Program Dialogue Committee (PPDC), including Farmworker Justice, to the U.S. Environmental Protection Agency (EPA). The PPDC is a federal advisory committee that holds public meetings to discuss the EPA’s policies regarding pesticides. The letter, which was sent to EPA leadership last month, denounces the agency’s mischaracterization of a November 2017 PPDC meeting that focused on two key worker protection rules: the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators Rule (CPA). The EPA mischaracterized the policy discussion in a way that suggested more support for EPA Administrator Pruitt’s plans to weaken these rules.

As noted in previous Farmworker Justice updates, under Administrator Pruitt, and in response to demands from agribusiness groups, the EPA recently announced that it will begin a new rule-making process to roll back important parts of these rules. The key WPS provisions under threat include a minimum age of 18 for handling pesticides, the right to a representative who can access pesticide exposure information, and safety measures to prevent exposure to bystanders during pesticide applications. The EPA has also announced plans to reconsider the minimum age provisions in the CPA rule. Farmworker Justice, along with a broad coalition of farmworker and environmental organizations, opposes weakening worker protections and urges the EPA to move forward with full implementation and enforcement of the existing WPS and CPA rule. On March 31, Farmworker Justice sent a letter to EPA Administrator Pruitt on behalf of more than 125 organizations representing children, faith, agriculture, health, labor, human rights and environmental organizations, opposing the EPA’s efforts to weaken the protections for workers and their families provided by the WPS and CPA rule.

Farmworker Justice Update: 03/23/18

Farmworker Justice Update: 03/23/18

Congress Passes FY 2018 Appropriations Bill, Presidential Approval Still Pending

Last night, Congress approved an omnibus appropriations package covering the rest of FY 2018. FY 2018 began on October 1, 2017 and runs through September 30, 2018.  Due to Congress’ inability to pass an appropriations bill for the full year; however, it instead issued a series of short-term continuing resolutions, with the latest one set to expire today (March 23). The spending package that was just passed by Congress must still be approved by the White House by midnight tonight in order to avoid a government shutdown. However, this morning, President Trump threatened to veto the legislation because he disagrees with some of its immigration provisions. Issues related to immigration were a significant part of the heated negotiations leading to the final omnibus package.

The omnibus does not provide any solution for Dreamers. Although President Trump ended the Deferred Action for Childhood Arrivals (DACA) program months ago, Congress still has not fixed the problem he created for these young people, who are left without lasting protections. DACA recipients are currently able to apply to renew their status as a result of recent court decisions compelling the government to receive such applications. However, this option is only available to current DACA recipients, leaving out many young people who may have otherwise been protected under the program. President Trump and his Congressional allies had sought significant increased funding for his deportation agenda—including funding for additional immigration agents and detention capacity, as well as massive funding for construction of a wall along the U.S.-Mexico border.  The final provisions of the omnibus did not include the full increases in funding sought, thanks to the efforts of advocates and some Congressional members. However, the final agreement still includes increased funding for border buildup and immigration enforcement.

Additionally, during the budget negotiations leading up to the current proposal, there were over 100 potential legislative riders discussed, including riders seeking to expand both the H-2A and H-2B temporary guestworker visa programs. Thankfully, these riders were ultimately not included in the final appropriations package, although previous provisions impacting the H-2B program remained in the FY18 omnibus.

H-2A Program Continues to Grow

Statistics from the Department of Labor’s Office of Foreign Labor Certification (OFLC) show that the H-2A agricultural guestworker program continues to grow exponentially. According to the OFLC, there were a total of 32,084 H-2A positions certified during the first quarter of FY18, an increase of approximately 15% over the same period in FY17. Almost 97% of the applications received were processed in a timely manner. These statistics show that despite employers’ allegations that the H-2A program is unworkable, they continue to use it at increasing rates and recognize that the H-2A program has provided them with sufficient  labor to grow their businesses. The ongoing drumbeat of employer complaints about the H-2A program represents their campaign to reduce the modest but fundamental protections in the program. Farmworker serving organizations in the states where the program has significantly increased are concerned about the H-2A program’s impact on the existing migrant and seasonal farmworker community. The lack of adequate housing available for guestworkers is another issue that must be addressed.

Immigration Enforcement Has Tragic Consequences for Farmworker Families

On March 13, a farmworker couple in Kern County, California was driving in search of work when they were stopped by immigration agents. Fearing deportation and separation from their six children, ages 8 through 18, they attempted to flee. Tragically, they crashed into a pole, dying on impact. ICE later clarified that they were not the individuals the agency had been looking for. Earlier this month, at least 26 farmworkers in the same county were detained in a massive immigration enforcement action. Many of them were stopped on their way to work by unmarked vehicles. A recent Time magazine article highlights the terrible impact of family separation on farmworker families. The father featured in the story was recently deported and the mother is struggling to make ends meet and afraid to be separated from her young daughters. Unfortunately, this story is all too common in farmworker and immigrant communities across the nation.

Farmworker Women Protest Wendy’s Failure to Act on Sexual Harassment

The Coalition of Immokalee Workers (CIW) has been calling on Wendy’s to join its Fair Food Program, a corporate social responsibility program that addresses sexual harassment and other abuses in the food labor chain. Wendy’s has refused to join and has also shifted the purchase of its tomatoes to tomatoes produced in Mexico, where farmworkers often endure child labor, forced labor, sexual harassment, horrific living conditions and other abuses. On March 15, farmworker women held a protest in New York City focused specifically on the sexual abuse faced by female farmworkers. The march followed a five-day hunger strike.

Update on Farmworker Health and Safety

8th Anniversary of the Affordable Care Act (ACA)

This week marks the 8th anniversary of the signing of the Affordable Care Act. A lot has happened in the last 8 years. Farmworkers experienced numerous challenges to enrollment. Yet thanks to the ACA, many farmworkers and their families became newly eligible for and enrolled in affordable, comprehensive health insurance. Some H-2A workers, for example, gained health insurance for the first time, allowing them to access primary, preventative health care. In California, the San Joaquin Valley and other rural communities had some of the greatest gains in coverage thanks to Medi-Cal expansion to childless adults and undocumented children. Unfortunately, these gains are now under threat. These threats include: the repeal of the individual mandate penalty in 2019, cuts to navigator/assister programs, the implementation of work requirements on Medicaid recipients, and the promulgation of regulations that weaken ACA protections, to name a few. Farmworker Justice continues to work with our national and local partners to protect farmworkers’ access to health insurance and health care.

Immigrants Fearfully Abandoning Public Nutrition Services

According to a recent New York Times article, state and local statistics confirm what immigration and public health advocates already suspected: immigrants are withdrawing from essential nutrition services due to fears over the potential immigration consequences of accessing these services. Some of this fear stems from a leaked draft of regulations by the Department of Homeland Security (DHS) which would allow officials to factor in the use of benefits in immigration decisions, including eligibility for legal permanent status. A proposed regulation has not yet been published and it is unclear whether the regulations will ever be published or whether they will have the same language as the leaked draft.

The leaked draft encompasses a broad range of services, including the Supplemental Nutrition Program for Women, Infants and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program (CHIP), Head Start programs, Medicaid, ACA tax subsidies, and even housing and transit subsidies. As a result, many immigrant families, including those with U.S. citizen children who are eligible for these services, have canceled appointments, requested disenrollment and asked for their information to be purged from providers’ databases. This trend is likely to have significant negative effects on public health, particularly on the health of immigrant children. Farmworker Justice is monitoring this issue and will provide additional information upon publication of a proposed rule.

Senators Ask EPA Not to Weaken Rules Protecting Farmworkers from Pesticides

On March 13, twenty-eight U.S. Senators, led by Senators Udall, Harris, Booker, Blumenthal and Feinstein, sent a letter to the Environmental Protection Agency (EPA) urging that existing worker protection rules be preserved. As noted in previous Farmworker Justice updates, the EPA is attempting to roll back crucial provisions of the Worker Protection Standard (WPS) and Certification of Pesticide Applicators Rule (CPA), including minimum age requirements, workers’ rights to access pesticide information, and application guidelines for avoiding exposure for workers and bystanders. The Senators’ letter clarifies the scope of these requirements and their importance for protecting farmworkers, children and the communities in which they live and work.

Senator Udall has placed a hold on the reauthorization of the Pesticide Registration Improvement Act (PRIA) due to his concerns about the EPA’s efforts to weaken existing worker protections. As noted by the Huffington Post, the Trump administration has repealed or stalled a host of workplace protections at the behest of employers, and the EPA has been one of the most aggressive agencies in wiping away Obama-era regulations. Farmworker Justice and Earthjustice filed a lawsuit on behalf of farmworker and environmental groups against the EPA last year for unlawfully delaying the CPA rule without proper notice of its actions. (The rule was supposed to be implemented in March 2017 and had been delayed until May 2018.) On March 21, 2018, a U.S. District Court granted summary judgment in this case. As a result, the EPA’s delay was vacated and the CPA rule is deemed to be in effect.

March 24-31 is National Farmworker Awareness Week, in Honor of Cesar Chavez’s Birthday

For more information on digital and in-person events during the week, as well as ideas on how to get involved, please visit Student Action with Farmworkers (SAF)’s website. Farmworker Justice will be publishing blogs on different aspects of farmworkers’ lives throughout the week.

 

Farmworker Justice Update - 02/16/18

Farmworker Justice Immigration Update – 02/16/18

Results of Senate Immigration Vote and Possible House Debate on Immigration/Guestworker Legislation

On February 15, the U.S. Senate rejected four immigration proposals, none of which garnered the 60 votes needed to pass in the chamber. The result of the brief voting session, which occurred more than five months after President Trump’s rescission of the DACA program, means that there is still no solution or clear path forward for Dreamers. The Senate’s failure to help Dreamers came after strong opposition to the bipartisan amendments from President Trump and his Administration as well as a veto threat.  President Trump continues to hold the Dreamer youth hostage to his anti-immigrant agenda.

The “USA Act,” Senate Amendment (SA) 1955, introduced by Senators McCain and Coons, which provided a narrow compromise of a clean DREAM Act coupled with border security, received 52 votes in favor and 47 against. (There is a total of 100 Senators, but Senator McCain was absent due to health reasons, so only 99 votes were cast.) The second amendment, SA 1948, an anti-sanctuary cities amendment from Senator Toomey which did not address the DACA issue, received 54 votes in favor and 45 against. The “Immigration Security and Opportunity Act,” SA 1958, introduced by Senators Rounds and King, and championed by moderates in both parties, similarly received 54 votes in favor and 45 against. The fourth and last amendment, Senator Grassley’s “Secure and Succeed Act,” SA 1959, which encompassed the “four pillar” immigration framework recently proposed by President Trump, received the least support of all the proposals, with 39 votes in favor and 60 votes against. That rejection of the President’s racist and anti-immigrant framework principles was thus the only idea to receive 60 votes.  Information on how your Senators voted on each of the amendments can be found here. At the beginning of the week, Senate Majority Leader Mitch McConnell stated that the Senate consideration of the issue of immigration would not extend beyond this week, so the path forward on immigration in the Senate remains unclear.

Meanwhile, the House is currently considering its own potential votes on immigration proposals. One of the bills that could be brought to the floor is Rep. Goodlatte’s “Securing America’s Future Act,” even though it still does not have enough votes to pass in the House and would almost certainly be rejected in the Senate given that it is even more anti-immigrant than the Grassley proposal. One of the provisions of Rep. Goodlatte’s bill is the Agricultural Guestworker Act (AGA), the anti-immigrant, anti-labor bill he first introduced in October 2017. Some changes have been made to the AGA in an attempt to win over more agribusiness support.

Congress will be in recess next week, which means that even if immigration were taken up again it would not happen until at least late February. The DACA program is set to formally expire on March 5. During recess, some members of Congress will be holding town halls and other events in their local offices. Supporters of the Dreamers will be taking this opportunity to remind elected representatives that the majority of Americans support a pathway to citizenship for Dreamers and ask them what they will be doing to achieve that goal.

 

Farmworker Justice Update on Senate Immigration Deliberation - 02/15/18

Farmworker Justice Update on Senate Immigration Deliberation - 02/15/18

The Senate is currently debating immigration policy proposals to address President Trump’s termination of DACA, which has put Dreamers, some of whom are the children of farmworkers, in limbo and in jeopardy of deportation. Given the urgency of providing a permanent solution for Dreamers, the Senate should focus on a clean DREAM Act. However, the Senate has chosen to undergo an open amendment process and members of Congress have filed a number of amendments on other immigration issues, including border security, family migration and sanctuary cities, among many others.

As of the time of this update, the Senate is reportedly moving forward with votes on four amendments. Two of the proposals are bi-partisan: the “USA Act” introduced by Senators McCain and Coons and the “Immigration Security and Opportunity Act” introduced by Senators Rounds and King. Republican-sponsored amendments include an anti-sanctuary cities amendment from Senator Toomey and Senator Grassley’s “Secure and Succeed Act,” which encompasses the “four pillar” immigration framework recently proposed by President Trump. There is widespread opposition from immigration and labor groups to both Senator Grassley’s and Senator Toomey’s amendments. Many immigration advocates support the McCain-Coons proposal, but the recently introduced Rounds-King amendment has garnered opposition from many immigration advocacy groups, as it provides large amounts of funding for border security, including a border wall, and places restrictions on family migration. Votes on each of the amendments could take place as early as 2:30 p.m. (ET) this afternoon.  You can watch a live feed of the Senate debate here.

Among the many amendments filed, Sen. Rand Paul (R-KY) submitted a proposed amendment to make harmful changes to the H-2A temporary agricultural worker visa program. Farmworker Justice will continue to monitor the Senate debate as it unfolds, but at this time it appears this amendment will not move forward. The amendment would expand the H-2A program to year-round employment for equine and livestock workers; expand the visa length to 3 years; remove the housing guarantee by allowing employers to substitute a housing voucher for actual housing; expand the ability of employers to apply for H-2A workers jointly without ensuring proper protections for workers; and would reduce recruitment protections for U.S. workers by circumventing the labor market test and reducing government oversight for repeat applications and workers. Senator Paul claims his amendment would streamline the H-2A application process but it does nothing to help farmworkers and in fact would make the situation worse for farmworkers.  Undocumented farmworkers and future farmworkers should be given a path to immigration status, which this amendment does not do.

Of course, despite what happens in the Senate, the House would need to take action before the President considers whether to sign or veto any legislation. There also continues to be pressure from conservative House Republicans to move Rep. Goodlatte’s hard-line anti-immigrant and anti-worker legislation, the “Securing America’s Future Act,” which includes his draconian H-2C guestworker proposal.

Congress should reject any attempts to expand abusive guestworker programs like the H-2A agricultural worker visa program or reduce the limited protections in the program. Congress should also reject the White House’s “four pillar” immigration framework of cuts to family-based immigration and other legal immigration and massive spending on a border wall. The Senate should instead focus its attention on a narrow bipartisan solution that pairs the DREAM Act with effective, smart border security measures.

Farmworker Justice stands with Dreamers.

 

Farmworker Justice Update - 01/12/18

Farmworker Justice Update: 01/12/18

Administration’s Focus on Agriculture and Rural Issues Ignores Farmworkers

On January 8, U.S. Department of Agriculture (USDA) Secretary Sonny Perdue publicly released a report that had earlier been given to President Trump by the Interagency Task Force on Agriculture and Rural Prosperity. The publication of the report was timed to coincide with President Trump’s recent appearance at the American Farm Bureau Federation conference. The Task Force was created in response to an April 2017 Executive Order, with the objective of developing proposals for revitalizing rural America. The report is fundamentally flawed however, as it ignores the interests and needs of farmworkers and their families. Though it notes the agricultural sector’s reliance on immigrant labor, it does not address the need for a path to citizenship for agricultural workers, instead stating that the Administration may pursue regulatory reforms to the H-2A agricultural visa program. Farmworker Justice issued a statement regarding the report.

Agricultural Employers Increasingly Turning to Guestworkers for Labor

Though the President notably did not mention agricultural labor during his speech at the American Farm Bureau Federation conference in Tennessee, he did discuss the issue informally with some of the conference participants. As noted in a recent Los Angeles Times article, use of the H-2A agricultural guestworker program has continued to increase exponentially. Many employers are lobbying for changes to the program and/or the creation of a new guestworker program to strip away labor protections and reduce government oversight.

Goodlatte’s New Immigration Proposal Includes Agricultural Guestworker Bill

On January 10, Rep. Bob Goodlatte, Chair of the House Judiciary Committee, along with Representatives McCaul, Labrador and McSally, released a hard-line anti-immigration proposal entitled the “Securing America’s Future Act.”  The bill incorporates the provisions of Rep. Goodlatte’s anti-immigrant, anti-worker Agricultural Guestworker Act (AGA), which he introduced in October 2017. As noted by Farmworker Justice’s Adrienne DerVartanian in an interview in Civil Eats, the AGA “would create a temporary workforce with no ability to become legal immigrants, who are completely dependent on their employers, and who have extremely minimal protection.” We previously summarized the AGA’s proposal for a terribly exploitative new H-2C agricultural guestworker program.

Rep. Goodlatte’s proposal also includes other anti-immigrant policies, including building a costly border wall, increasing arrests and deportations of immigrants, attacking sanctuary cities, and eliminating existing opportunities for family reunification as well as the diversity visa program. With this proposal, Rep. Goodlatte, a long-time immigration restrictionist, is trying to push his extreme anti-immigrant agenda and obstruct a much-needed solution for Dreamers. Farmworker Justice’s statement opposing Rep. Goodlattes’s Securing America’s Future Act is available here.

Dreamers’ Fate Continues to Hang in the Balance amidst Congressional Negotiations

On January 9, President Trump met with multiple Congressional leaders from both parties to discuss a possible solution to his rescission of the Deferred Action for Childhood Arrivals (DACA) program. Unfortunately, the meeting did not provide clarity on what a potential DACA compromise might be, or when it might be reached. Two days later, Congressional leaders met with Trump to present a bipartisan compromise on DACA and other issues of concern to the President, who reportedly questioned why the United States should allow immigrants from “shit-hole” countries, including Haiti, as contrasted with Norway. This Vox article provides a summary of these recent immigration negotiations, which are still unfolding.

Congress faces a January 19 deadline to pass a budget resolution, as the current continuing budget resolution, which was approved at the end of last year, expires on that date.  The official rescission of DACA occurs on March 5, when thousands of Dreamers will lose their status, but thousands of Dreamers already have lost their status, with an average of 122 Dreamers losing their status every day.  A clean Dream Act needs to be included as part of any new budget package. Furthermore, the fate of Dreamers should not be exploited in order to enact anti-immigration measures that will negatively impact Dreamers’ own families and communities.

Judge Temporarily Blocks DACA Termination

On January 9, a federal judge issued an order blocking the Trump Administration’s termination of the DACA program. The preliminary injunction was the result of an ongoing lawsuit regarding DACA, Regents v. DHS, and requires the government to continue to accept and process DACA renewal applications. However, by definition, a preliminary injunction is not a permanent solution, and the Administration will likely appeal the decision. Therefore, this litigation development should not distract from the urgency of Congressional action regarding DACA, as this is the only way to provide a permanent solution for Dreamers.

DHS Terminates El Salvador TPS Designation

In yet another devastating blow to our country’s immigrant community, on January 8 the Department of Homeland Security (DHS) announced the termination of the Temporary Protected Status (TPS) designation for El Salvador within an 18 month period (by September 9, 2019). DHS terminated the TPS designations of three other countries (Nicaragua, Haiti and Sudan) last year, and the fate of the TPS designation for Honduras currently remains uncertain. El Salvador has the largest number of TPS recipients, with over 200,000 individuals, as well as over 190,000 U.S. citizen children with at least one parent who is a TPS recipient. This ill-advised decision will have significant adverse social and economic impacts, including in the nation’s capital, where about 40,000 Salvadoran immigrants hold TPS. Farmworker Justice participated in a rally outside the White House to protest the decision. Read Farmworker Justice’s statement on the announcement here.

Update on Farmworker Health and Safety

EPA Seeks to Undo Crucial Worker Protections Regarding Pesticides

As detailed in a recent Huffington Post article, the Environmental Protection Agency (EPA) is preparing to roll back crucial worker protections regarding pesticides. The EPA has announced that it will soon begin a new rule-making process on certain provisions of the Worker Protection Standard (WPS) and Certified Pesticide Applicator (CPA) rules, both of which were recently updated after a decades-long, multi-stakeholder process. The key provisions that are now under threat, and which Farmworker Justice and other worker groups have long advocated for, include a minimum age of 18 for handling pesticides, the right to a representative that can access pesticide exposure information and the establishment of a pesticide application exclusion zone to prevent exposure to bystanders.

The EPA’s decision to reverse course on these worker protections is likely a response to lobbying from the American Farm Bureau, the leading industry group for growers, which has been pushing for a roll back of these protections for years. At its January 9 meeting, the Farm Bureau stated that it was hopeful that these worker protections could be repealed under the current Administration.  These and other protections are necessary to prevent and respond to pesticide exposures among farmworkers and their children because they can cause a range of serious injuries and illnesses, including birth defects, cancer, infertility and neurological deficits.
 

Pesticides and Puerto Rico: When the Professional Becomes Personal

I had the privilege of participating in the East Coast Migrant Stream Forum for Agricultural Worker Health in Atlanta earlier this month. The annual Forum brings together outreach workers, advocates, medical professionals and many others who provide crucial health services to farmworkers. It is a great opportunity to learn from those who are working with farmworker communities on the ground, as well as share updates on what is happening at the federal level.

This year, one of my presentations focused on pesticide safety, including recent revisions to the Environmental Protection Agency (EPA)’s Worker Protection Standard (WPS) and best practices for identifying and treating pesticide exposure. I co-presented with Alma Galvan, Senior Program Manager of Environmental and Occupational Health at the Migrant Clinicians Network (MCN), and Dr. Jose Rodriguez, MD, Chief Medical Officer at the Castañer General Hospital in Lares, Puerto Rico.  

This was where the professional and personal collided for me. You see, I was born and raised in Hormigueros, Puerto Rico, a small town on the island’s west side, not too far from where Dr. Rodriguez lives and works. My parents, siblings, extended family and friends still live on the island. As a teenager, I often went camping in the mountains of Adjuntas, one of the five rural municipalities covered by Castañer General Hospital’s services.  

During the three weeks between Hurricane Maria’s landfall and our scheduled presentation, communication with Dr. Rodriguez, as with a lot of people on the island, was virtually nonexistent. We had resigned ourselves to doing the presentation without him, and then just a few days before the event, he was able to let us know that he was still planning to come. His arrival in Atlanta was no small feat given conditions on the island, but then again, Dr. Rodriguez is accustomed to producing miraculous results amidst seemingly hopeless circumstances.

Earlier this year, Hospital General Castañer received the EPA’s Environmental Champion Award for outstanding commitment to protecting and enhancing environmental quality and public health. Dr. Rodriguez is a leader in the identification and treatment of pesticide exposure, as well as other occupational health issues. He is a dedicated family physician and passionate advocate for his community. During our presentation, Dr. Rodriguez stressed the important role of community health advocates and local hospitals in identifying pesticide incidents and gathering and recording key information that can serve not only for more effective medical treatment, but also to support future legal and advocacy work.

During the Forum’s plenary session, Dr. Rodriguez also shared pictures of his hometown – bare trees, downed electricity poles, streams where roads used to be. He highlighted the most recent official statistics – almost half the population on the island still had no running water, and approximately 90% still had no electricity. The numbers themselves are staggering, but the many human examples of what those numbers mean are truly overwhelming. Another staggering statistic: approximately 80% of the island’s agriculture was decimated by the storm, including the island’s coffee, tropical fruit and poultry farms. As I write this a week later, I would love to report that much progress has been made, but based on information from both family updates and media reporting, that would be woefully inaccurate.  

Dr. Rodriguez also cautioned all of us about the impending public health emergency that looms over the island as recovery advances in fits and starts. He worries that the floods and landslides will lead to pesticide drift in both soil and water, including wells. Mosquito-borne illnesses like Zika, where much progress had been made before, may reappear as stagnant water remains. A lack of basic hygiene may give rise to communicable diseases, while malnutrition and a lack of potable water, especially among children and the elderly, will inevitably have significant health effects. Outbreaks of conjunctivitis and leptospirosis (a bacterial disease caused by contaminated water) have already been reported and many hospitals are only able to operate partially due to the lack of electricity and a shortage of medical supplies.

Amidst this dire picture, I am reassured by the work of individuals like Dr. Rodriguez, countless heroes who may never get recognition from a federal agency for providing such essential services to their communities, including farmworkers. The hurricane in Puerto Rico and other recent natural disasters in California, Texas and Florida have quite literally laid bare many of the inequalities and dangers that farmworkers face every day. This past month has been very difficult for many, but it has also reaffirmed the importance of fighting for farmworker communities – communities who are intimately familiar with both nature’s capacity for capriciousness and humans’ capacity for resilience.     

You can donate to Puerto Rican relief efforts through the Hispanic Federation.

 



 

Hope: Transforming agriculture to improve the lives of farmworkers |National Farmworker Awareness Week

We are delighted to host guest blogger LeAnne R. Ruzzamenti, Director of Marketing Communications for the Equitable Food Initiative

Equitable Food Initiative brings together growers, retailers, farmworkers and consumers to transform agriculture and create a safer, more equitable food system. It’s a lofty goal and one we believe can only be reached when everyone comes to the table, agrees that fundamental changes need to occur, and finds value for themselves in those changes.

Like many who become familiar with EFI, after touring a certified farm, Congresswoman Julia Brownley called EFI a “win, win, win – good for farmers, farmworkers and consumers”. That three-way win is only possible when all parties uphold their commitments to each other.  

Growers need to provide not only a fair work environment, but one where farmworkers are engaged to identify potential issues and protected when they speak up. Farmworkers need to stay engaged to ensure safer and efficient farm operations. Retailers and consumers need to recognize and support the effort to create a safer, more equitable food system by purchasing EFI-certified fruits and vegetables.   

Through its training and certification program, EFI has had great success in bringing all parties to the table to understand one another’s needs and make some of those necessary fundamental changes.

The success and certification doesn’t come easy. Growers and farmworkers need to find trust and rely on one another to reach the high standards set out under EFI certification. But it’s a worthy effort, and every day we hear reports from EFI certified farms of better working conditions, fewer absences and workers who are engaged and solving problems in ways that management would not have even considered.   

During Farmworker Awareness Week, we ask you to think about the seat that you hold at the table and how you are working with others to find and build shared value.

When you buy EFI-certified, Responsibly Grown, Farmworker Assured™ fruits and vegetables, you know that farmworkers were treated fairly, experienced decent working conditions and were engaged in following food safety and pest management protocols.

Celebrate Farmworker Awareness Week by making a commitment to buy EFI-certified fresh produce. Your support of the growers, retailers and farmworkers who have made a commitment to one another through EFI will bring even more people to the table.

Join EFI's email list today to stay informed on where to buy certified fruits and vegetables and take your seat at the table.



 

Resistance:Equal Pay for Farmworker Women | National Farmworker Awareness Week

Farmworker Justice is honored to host guest blogger Mónica Ramírez for today's post. Mónica serves as the Director of Gender Equity and Advocacy at National Hispanic Leadership Agenda (NHLA) and the Director of Gender Equality for the Labor Council for Latin American Advancement (LCLAA).

Today, more than 600,000 women make up the agricultural workforce.  They toil countless hours in agricultural fields, packing houses, and nurseries scattered across our nation. Though their work is extremely important and critical to our sustenance and the well-being of our economy, most people do not realize that such a large number of women are responsible for this work. Women’s History Month provides us with an opportunity to reflect on their many contributions. It is also a chance to consider how we can best join them in their efforts to resist anti-worker, anti-women, and anti-immigrant campaigns that harm them, their families, their interests, and our entire country.  

For decades, farmworker women leaders, like Mily Treviño Sauceda, Suguet Lopez, Ana Laura Bolaños, and many others, have been organizing to address the many issues that affect them, such as unequal pay, widespread sexual harassment, pregnancy discrimination, exposure to harmful chemicals and dangerous working conditions.  Farmworker women have been on the front lines educating their families and co-workers about their rights, not to mention teaching members of the public and the government about the many issues that they face and the priorities that they require to be safe, healthy, and productive at work.

Over the past twenty-five years, the National Hispanic Leadership Agenda, with NHLA members Farmworker Justice, Labor Council for Latin American Advancement (LCLAA) and additional organizations, has proudly worked together with the farmworker community to advance the policy concerns that are required to improve their living and working conditions.  Together over the years, we have successfully achieved improved health and safety standards, strengthened the worker protections, and increased accountability by the federal government to farmworkers. Yet more work remains to ensure that these gains are not lost and that we continue to build on the hard fought wins, including our work to promote and achieve gender equity for farmworker women.  

NHLA is committed to working with farmworker women to demand equal pay for equal work.  We have been loud and clear that we will not rest until farmworker women can work free of gender-based violence, not to mention all forms of employment discrimination.  In addition, we will not rest until immigrant farmworkers and all immigrants are able to live free of harassment, bullying, profiling, and anti-immigrant rhetoric and actions that currently leave farmworker women and their families feeling vulnerable and afraid.

We are proud to work closely with organizations like Lideres Campesinas en California, the Dolores Huerta Foundation, the United Farm Workers and many others that are committed to advancing the priorities of our nation’s agricultural workers.  Together, we will continue to march, organize, educate, raise awareness, demand what is just and resist all attempts to divide, to diminish, and to deny our collective power on behalf of one of our nation’s most important workforces.

 

Mónica Ramírez is a civil rights attorney, skilled public speaker, and an author. She has also been a women’s labor, farmworker, Latino and immigrant rights activist for more than two decades. Mónica is a nationally recognized subject matter expert on gender equity, including ending gender-based violence in the workplace against farmworker and immigrant women. She is the founder of several major initiatives and projects, including Esperanza: The Immigrant Women’s Legal Initiative of the Southern Poverty Law Center. Mónica holds a Bachelor of Arts from Loyola University Chicago, a Juris Doctor from The Ohio State University Moritz College of Law, and a Master of Public Administration from the Harvard Kennedy School.  Mónica serves as the Director of Gender Equity and Advocacy at National Hispanic Leadership Agenda (NHLA) and the Director of Gender Equality for the Labor Council for Latin American Advancement (LCLAA).

 

 

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