Pesticides

Farmworker Justice Update: 11/09/18

Rulemakings Related to the H-2A Program

Today, the Department of Labor’s Employment and Training Administration (DOL ETA) issued notices of proposed rulemaking regarding the recruitment requirements for the H-2 visa programs, both H-2A and H-2B. Farmworker Justice plans to draft comments on this proposal to ensure that recruitment protections for U.S. workers are not weakened. Comments are due December 10.

Last month, DOL ETA announced a proposed revision of the forms used for employer certification under the H-2A temporary agricultural worker visa program. The two forms being revised are Form ETA-9142A, which is the form employers use to apply for H-2A workers, and Form 790, which is the agricultural clearance order that contains job terms and instructions for job applicants. FJ will also draft comments for this rulemaking (the deadline for these comments is December 24).
Additionally, FJ is anticipating that, as announced in DOL’s fall regulatory agenda, there will be a broader set of proposed changes related to the H-2A program published in the coming months. FJ is deeply concerned that the anticipated changes could reduce critically important farmworker protections in the H-2A program. FJ will continue to monitor any administrative attempts to undo the current protections in the H-2A program.

USDA Proposed Changes to Farm Labor Survey Used in H-2A Program

Farmworker Justice submitted comments on November 8 to the US Department of Agriculture (USDA) regarding its proposal to make changes in its Agricultural Labor Survey (ALS), formerly known as the Farm Labor Survey.  The ALS includes data from farm operators regarding the wages paid to farmworkers. Although there are shortcomings in the survey that limit is value, it provides helpful information. For many years the Department of Labor has set the H-2A program “adverse effect wage rates” for each state based on the ALS findings for average hourly earnings of the combined category of field and livestock workers. The proposed change in the survey regarding wage reporting contained vague and troubling language that could lead to understating farmworkers’ wage rates and artificially lowering the minimum wage rates required under the H-2A program.  FJ therefore opposed some of the proposed revisions to the survey’s questions.

Washington Ag Employer Fined for Discrimination, Sexual Harassment and Retaliation  

Last month, the Washington State Attorney General announced a consent decree ordering Horning Brothers, LLC, an agricultural employer, to pay $525,000 for claims of sexual harassment, sex discrimination and retaliation. The company must also adopt non-discrimination and anti-retaliation policies. The Northwest Justice Project worked on the case alongside the WA Attorney General, and represented five of the affected workers. In a lawsuit filed last year, the plaintiffs alleged that the company, which owns an onion packing shed, only hired women to sort onions on the packing line, and limited the hiring of women for other positions. Furthermore, the company ignored female employees’ complaints about sexual harassment by one of its foremen, and retaliated against those who complained. This case highlights that discrimination and harassment are unfortunately still very prevalent for women in the agricultural industry.

Massachusetts Overtime Pay Case for Agricultural Workers

On November 5, the Massachusetts Supreme Judicial Court heard oral arguments in a case which has the potential to award overtime pay for workers who clean, pack and sort bean sprouts at an indoor growing and packing facility. The case presents an issue of first impression under Massachusetts law, which, like federal law, excludes farmworkers from the right to overtime pay. Generally, workers in a processing plant are not considered agricultural workers for purposes of the overtime exemption. Farmworker Justice has supported efforts to amend federal and state employment laws to end the discriminatory exemption of agricultural employers from paying agricultural workers overtime.  

Ballot Measures Increasing Minimum Wage Succeed in Arkansas and Missouri

Two ballot measures increasing state minimum wages succeeded in the November 6 midterm election. The state of Arkansas voted to gradually increase its minimum wage from $8.50 an hour to $11 an hour within the next three years, while Missouri voters approved a gradual increase from $7.85 an hour to $12 an hour within the next five years, with further adjustments based on the consumer price index. However, some exemptions for particular agricultural businesses and farmworkers from the minimum laws in these states mean that some farmworkers will not benefit from these changes. There are exceptions in the state laws applicable specifically to agriculture that are similar to those in the federal Fair Labor Standards Act (FLSA), including for small agricultural employers; livestock workers on the open range; family members of the farm operator; children under age 16 employed on piece rate; and for those farmworkers who are hired on piece-rates to do harvesting and worked in agriculture less than 13 weeks in a prior year.  

Mixed Midterm Election Results

The November 6 midterm elections led to mixed results for Congress: Democrats were able to take control of the House, while Republicans deepened their control of the Senate. The prospects for progress on legislation that would benefit farmworkers remain very limited, but several proposals in the last Congress that threatened farmworkers’ employment rights and immigration status are not likely to proceed in this Congress. With Democrats assuming leadership roles in key House committees in January, they will be poised to conduct oversight over the President’s actions, as well as the policies of government agencies such as the Department of Homeland Security (DHS), the Department of Labor (DOL), the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA). Each party will also soon be selecting its internal party leadership. House GOP leadership elections are scheduled for November 14, with Jim Jordan (R-OH) and Kevin McCarthy (R-CA) competing for the role of minority leader.  Rep. Nancy Pelosi (D-CA) has announced her campaign for Speaker of the House, the position she held when Democrats previously held the majority of House seats.

Government Asks Supreme Court to Intervene in DACA Cases As Program Continues

Yesterday, a federal court in California continued the injunction against the Trump Administration that prevents it from terminating the Deferred Action for Childhood Arrivals (DACA) program. The 9th Circuit Court of Appeals ruled unanimously in favor of the preliminary injunction issued earlier this year by U.S. District Judge William Alsup, which kept DACA operational while its future continues to be litigated. Two other decisions by federal judges earlier this year, in New York and Washington, D.C., also led to injunctions against the Administration’s decision to end the DACA program, thus allowing DACA recipients to renew their applications. Since January 2018, approximately 180,000 DACA recipients have renewed their applications.

Earlier this week, the Department of Justice (DOJ) petitioned the Supreme Court to fast track these DACA cases. If the Supreme Court grants certiorari and decides to take the cases, the earliest a ruling could be expected is June 2019.  If you or someone you know has DACA status which expires within the next 6 months, experts recommend that you consult with an immigration attorney and submit your renewal application. Unfortunately, at this time, no first-time DACA applications are being accepted. You can learn more about the status of current DACA cases, as well as steps to take to renew your DACA status here.    

 Jeff Sessions No Longer Attorney General

On November 7, President Trump announced via Twitter that Jeff Sessions will no longer be serving as Attorney General, the highest post in the Department of Justice (DOJ), having been forced to resign immediately after the election. Matthew G. Whitaker, who was the Justice Department Chief of Staff, was appointed Acting Attorney General until a permanent replacement is confirmed. During his tenure as Attorney General, Sessions, a former Senator from Alabama, pursued a strenuous agenda antagonistic to immigrants, civil rights and liberties, and criminal justice reform.  

Update on Farmworker Health and Safety

Scientific Paper on Pesticide Exposure and Children’s Neurodevelopment

A new scientific paper details the dangers that organophosphates, which are widely used agricultural pesticides, pose to children’s health and development. The researchers found that even low levels of exposure can lead to cognitive problems in children. One of these pesticides, chlorpyrifos, was on track to be banned by the Environmental Protection Agency (EPA), but the current Administration ignored the findings of its own scientists and has allowed continued use of the neurotoxin. Worker and health advocates challenged the Administration’s reversal, and that litigation is currently ongoing (as detailed in previous FJ updates.) The paper also sets out some recommendations that could result in substantial reductions in pesticide exposure. You can read the full paper here.

Report on Impact of Heat Stress on Florida Workers

A recently released report by Public Citizen and the Farmworker Association of Florida details the impact of heat stress on Florida workers. According to the report, farmworkers and construction workers are the highest risk populations, not just because of their exposure to heat, but also because of other factors, such as fear of immigration enforcement, which might make them less likely to voice health or safety concerns. The threat of heat illness is growing due to rising global temperatures. As mentioned in previous updates, FJ, along with Public Citizen and many others, is involved in a national campaign for a federal heat stress standard. If you are interested in supporting this campaign, please contact FJ’s Director of Occupational & Environmental Health, Virginia Ruiz, at [email protected].

Farmwork Among Fifteen Most Dangerous Jobs Based on Fatality and Injury Rates

 A recent article ranks jobs based on occupational fatality and injury rates of the Bureau of Labor Statistics (BLS) data. It states that agricultural workers (separate from farmers) have the 11th most dangerous job while also having the lowest wages on the list of 15 most dangerous jobs. The article calculated that farmworkers are five times more likely to have a fatal injury than the average worker. The most common cause of fatal injury for most of the occupations, including farmworkers, was transportation accidents. The article may understate the dangers of agricultural work. The BLS data for 2016 by industry shows that the farming, fishing and forestry category had the highest rate of fatalities per 100,000 workers, at 23.2, over 6 times the 3.6 overall average rate. At a more detailed level, in crop production, the rate of fatalities per 100,000 workers was 20.9, higher than mining and construction and only slightly lower than transportation. The rate for animal production and aquaculture was 20.9.  
 

Farmworker Justice Update - 09/07/18

Farmworker Justice Update: 09/07/18

Congressional Action Post-Recess

Congress returned from August recess this week and has a limited number of legislative days left before the mid-term elections. Below are some of the key issues currently being considered:

Appropriations: Potential Impacts on H-2A Program

Congress is facing a September 30 deadline for passing FY 2019 appropriations bills; otherwise they risk a government shutdown. Given recent remarks by President Trump regarding a potential shutdown over border wall funding, it is very likely that there will be a continuing resolution (CR) for the Department of Homeland Security (DHS) appropriations bill, which covers funding for immigration enforcement. A CR is essentially an extension of current appropriations levels. Congress is also currently working on a serious of “minibuses” (packages consolidating various appropriations bills), which include labor, health, education, agriculture, defense spending and various other issues. There may ultimately be CRs on these remaining bills as well if no agreement is reached by September 30.

As a reminder, there are troubling riders related to the H-2A program in the House appropriations bills.  The House agricultural appropriations bill includes an H-2A rider that gives the USDA, rather than DOL, authority to establish and oversee a new online interagency platform for employers’ H-2A applications. This rider raises serious concerns about efforts to undermine DOL’s primary responsibility for ensuring worker protections are met and otherwise limit government oversight of the application process.  In addition, a rider was added to the House DHS appropriations bill that would expand the H-2A program to include year-round employment in agriculture. This change would not only undermine the intent of the H-2A program to address more difficult to fill temporary and seasonal jobs, but would also supplant many of the existing farmworkers who depend on these jobs for their livelihood and who are integral members of their communities.

Farm Bill

Another looming September 30 deadline for Congress is the expiration of the current Farm Bill. Senators and Representatives from both parties are working to reach a compromise as soon as possible, but various significant disagreements remain on issues including nutrition programs. One development that is particularly concerning for farmworkers is the potential inclusion of the “Pesticide Registration Improvement Extension Act of 2017,” PRIA 4, in the Farm Bill. As we have noted in previous updates, the Senate passed a standalone version of PRIA 4 which includes language guarding against rollbacks to pesticide protections for farmworkers. The Farm Bill PRIA language does not have these protections. As stated by Rep. Grijalva (TX) during a Farm Bill conference meeting, the House should instead pass the Senate version of PRIA in order to ensure farmworkers and their children are healthy and safe from pesticide exposure. Please click here to view a letter from over 100 children’s, agricultural, faith, health, industry, farmworker, and environmental organizations urging that PRIA be stripped from the Farm Bill.

Goodlatte Agricultural Guestworker Bill   

Despite the crowded Congressional calendar, the American Farm Bureau Federation is still attempting to garner support for a vote on Rep. Goodlatte’s “Ag and Legal Workforce Act,” H.R. 6417. Farmworker Justice strongly opposes Rep. Goodlatte’s bill and continues to educate members of Congress on the bill’s many anti-immigrant, anti-family and anti-worker provisions.

Kavanaugh Confirmation Hearing

September 4 marked the first day of confirmation hearings for Supreme Court nominee Brett Kavanaugh in the Senate, which continued during the week. The hearings covered a wide range of issues, and were marked by protests as well as controversy regarding the release of documents. A vote on Kavanaugh’s nomination may occur as early as next week. Senate Republicans are hoping to confirm Kavanaugh before the Supreme Court reconvenes in October. Farmworker Justice joined a broad coalition letter stating many reasons to oppose Kavanaugh’s confirmation that was organized by the Leadership Conference on Civil and Human Rights.

U.S. and Mexico Reach NAFTA Deal, Canada Now in Negotiations

The U.S. and Mexico recently announced that they have reached a deal on the modernization of the North American Free Trade Agreement (NAFTA). According to the Office of the U.S. Trade Representative, the new deal will have a labor chapter that will include an Annex on collective bargaining in Mexico and new provisions regarding goods produced by forced labor and protection for migrant workers. Farmworker Justice has found the current NAFTA’s labor side agreement protections for U.S. and Mexican farmworkers to be weak. It remains to be seen if or when Canada, the remaining party to NAFTA, will agree to the terms proposed by the U.S. and Mexico. President Trump has threatened to leave Canada out of the revised deal entirely. One of the disputes concerns trade of milk and other dairy products. The White House gave Congress the required 90-day notification for the signing of NAFTA on August 31. Mexico’s current government leaves office December 1, so this timing would allow Mexico to sign the new deal before the country’s change in leadership.

DOL Debars North Carolina H-2A Contractor

On August 28, the Department of Labor’s Wage and Hour Division (DOL WHD) announced the debarment of an H-2A farm labor contractor. Ruben V. Serna, owner of Serna Harvesting, owed $194,109 in back wages to 181 employees working at 15 different North Carolina farms. Serna charged the workers for housing and transportation, and failed to properly record hours in payroll records. FJ remains concerned that the increasing use of farm labor contractors by farm owners to hire H-2A workers leads to abuses that are not prevented if the owners are not held jointly responsible and liable for violations of workers’ rights.

Workplace Immigration Raid in Texas

A workplace raid near Paris, Texas last month led to the arrest of 160 workers. The raid resulted from a criminal investigation into the Load Trail company, which makes vehicle trailers. Many of the detained workers are Mexican nationals. This latest raid is the most recent example of workers facing family separation and possible deportation because of investigations regarding their employers.

One Year After Trump’s Rescission, DACA Remains, For Now

September 5 marked the one-year anniversary of the Trump Administration’s decision to rescind the DACA program. A series of lawsuits have been filed since then, most of which sought to preserve DACA. Injunctions from these lawsuits have resulted in the ability for current DACA holders to maintain and renew their status. On August 31, Judge Andrew Hanen ruled on a lawsuit led by the state of Texas seeking to end DACA. Judge Hanen did not order a halt to the DACA program, noting that to do so in the current context would cause more harm than the states claimed the program itself caused, while at the same time questioning the legality of the program. (Judge Hanen is the same judge who previously ruled against the Deferred Action for Parents of Americans (DAPA) program.) There is likely to be an appeal of Judge Hanen’s decision, but in the meantime USCIS is still accepting and processing DACA renewal applications. Please see NILC’s FAQs on DACA renewals for more information.

CAP Report on Immigrants in Rural America

A recent report by the Center for American Progress (CAP) analyzes the impact of immigration on rural areas. The report found that in many rural areas immigration helped to fuel population growth or at least slow population decline. The report also states that immigrants have been an indispensable part of the agricultural sector, which provides employment for 1 out of 10 rural workers. It mentions crop production and dairy as two specific sectors that are highly dependent on immigrant labor.

Civil Eats Article on Yuma Lettuce Pickers

A recent Civil Eats article describes daily life for the farmworkers who pick lettuce in and around Yuma, Arizona. The Yuma Valley grows approximately 90% of all of the U.S.’ leafy greens during the winter. The article highlights the great work done by Campesinos sin Fronteras in providing needed basic services to farmworkers. (FJ has a long history of collaborating with CSF.) As noted throughout the article, for all the technological advancements in agriculture, the working conditions and pay for those still doing the bulk of this work have not significantly improved.

Update on Farmworker Health and Safety

Oral Arguments Held on ACA Case Texas v. United States

On September 5, oral arguments were heard in Texas v. United States (formerly Texas v. Azar). The lawsuit, brought by 18 state Attorneys General, argues that the ACA should be invalidated due to Congress’ elimination of the tax penalty under the ACA’s individual mandate. The lawsuit argues that the elimination of the penalty renders others parts of the ACA, including the guaranteed coverage of pre-existing conditions, unconstitutional. The Administration did not defend the key provisions of the ACA in court. Attorneys General from 16 other states and the District of Columbia, led by California, intervened to defend the ACA and its provisions in court. In anticipation of this case, Sen. Tillis (NC) introduced the “Ensuring Coverage for Patients with Pre-Existing Conditions Act” (S. 3388) on August 23. This bill proposes to amend the Health Insurance Portability and Accountability Act (HIPAA) to prevent insurers from denying coverage due to pre-existing conditions. However, the proposed bill does not prevent insurers from charging individuals based on age and gender or for specific services to treat those pre-existing conditions. The bill has been referred to the Health, Education, Labor, and Pensions (HELP) committee.

California Proposes to Ban Short-term Health Plans

In response to the recent federal rules authorizing expanded use of short-term health plans, the California Legislature passed a bill that would prohibit the sale of short-term health plans in California. Short-term health insurance plans are not subject to ACA standards such as essential health benefits coverage. SB 910 (sponsored by State Sen. Ed Hernandez) would prohibit the sale of health insurance plans that are less than 12 months. This bill is among a handful of bills passed by the legislature in direct response to recent Administration rules. These other bills include SB 1108, which would ban the state from implementing a work requirement for Medi-Cal, and SB 1375, which would prohibit the formation of Association Health Plans. Governor Brown has until September 30 to sign the bills into law.

Heat Stress Increasing Threat to Farmworkers

A recent Mother Jones article highlights the threat to farmworkers’ lives posed by extreme heat, which will only increase with the effects of climate change. The article mentions the campaign led by Public Citizen, the United Farm Workers Foundation and Farmworker Justice to petition the Occupational Safety and Health Administration (OSHA) for a national standard to prevent heat stress and the need to address this problem before it gets even worse.

Farmworker Justice Update - 08/15/18

Farmworker Justice Update: 08/15/18

H-2A Data Published for Third Quarter of FY 2018

The Department of Labor’s Office of Foreign Labor Certification (OFLC) recently released H-2A program data for the third quarter of FY 2018.  The data shows that there have been 193,603 positions certified so far this fiscal year. A total of 200,049 H-2A positions were certified in all of FY 2017. Thus, it is likely that the total number of positions certified in FY 2018 will be significantly higher than those certified in FY 2017, in line with the broader trend of continued growth of the H-2A program. The states of Georgia, Florida, Washington, North Carolina and California had the highest number of H-2A positions certified during the first three quarters of FY 2018, accounting for more than half of all positions certified.

Recent Cases Demonstrate Abuses in H-2A Program and Vulnerability of Workers

On August 6, the Department of Labor’s Wage and Hour Division (DOL WHD) announced a temporary restraining order and preliminary injunction against Marin J. Corp, an H-2A employer in Missouri. WHD investigators found that the employer provided unsanitary and unsafe housing and also failed to pay workers required wages. Marin J. Corp employed more than 100 H-2A workers and housed some of the workers in a former jail. Several of the workers also reported fainting from heat stroke and the fields where they were working lacked adequate access to water and restroom facilities.

Also last week, farmworkers in New York filed a lawsuit against their employer for failure to pay legally required wages and for providing unsafe and overcrowded housing.  The workers are represented by the Worker Justice Center of New York. They are seeking unpaid wages and overtime pay from 2012 through the present, plus monetary damages for the substandard housing. The employer involved participates in the H-2A program, but allegedly paid the plaintiffs, who are domestic workers, lower wages than those required under the program.

In Washington, there is ongoing activism and challenges following the death of an H-2A worker last year. Fellow workers were fired when they went on strike to demand better working conditions and their employer, Sarbanand Farms, was fined earlier this year by the DOL for not providing required breaks and meal periods. The case is detailed in a recent article in The American Prospect by David Bacon entitled “What Was the Life of this Guest Worker Worth?” The article quotes FJ President Bruce Goldstein on a variety of H-2A issues. It also mentions WAFLA’s (formerly the Washington Farm Labor Association) manipulation of wage surveys in order to drive down wages. FJ is working with Washington state advocates to protect farmworker wages.

ICE Raids Agricultural Facilities in Nebraska and Minnesota

On August 8, ICE raided various facilities in Nebraska and Minnesota, including a tomato greenhouse, a cattle feedlot and a potato processing facility. ICE agents arrested 133 workers.  Seventeen employers were also arrested based on allegations including wire fraud and money laundering. The arrests resulted from an investigation centered on a recruiter who hired workers for the various businesses involved. The recruiter allegedly forced employees to cash their paychecks at his grocery store, charging them a fee. He also allegedly withheld a portion of each paycheck, claiming he was withholding taxes but instead pocketing the money.

A particularly disturbing aspect of these recent raids is that the employees who were allegedly cheated by these abusive employers are being detained themselves. This will likely have a chilling effect on other employees who might be willing to denounce employer abuses in the future, because they will fear immigration reprisals for themselves or their colleagues. The local communities in the areas where the raids occurred have of course been severely impacted. A public school opened its doors to offer counseling for individuals affected by the raids, including many children whose family members, including parents, were detained.  A protest and vigil were held shortly after the raids. Some neighbors also voiced concerns about the economic impact that the raids will have on these small rural communities.

Legal Battle over the Status of DACA Continues Amidst Legislative Inaction

On August 3, a federal judge in D.C. vacated the government’s rescission of the DACA program. This means that the government may soon have to start accepting new DACA applications, in addition to processing renewals, which is currently required pursuant to previous orders by judges in California and New York. The D.C. judge’s order will go into effect on August 23 unless the U.S. government obtains a stay of the order by that date. In the meantime, a case challenging DACA is currently being litigated in Texas and could result in a judge ruling that DACA must be terminated and that the government must stop receiving applications. If that happens, there could be contradictory orders regarding DACA from different courts in the country. Any conflicting court decisions would need to be appealed and may ultimately end up before the Supreme Court, though the timeline for a potential Supreme Court decision still remains unclear.  This uncertainty is weighing heavily on Dreamers as they continue to plan their futures. For a full summary of ongoing litigation related to DACA, please see this chart prepared by the National Immigration Law Center (NILC).

Update on Farmworker Health and Safety

Court Orders EPA To Ban Pesticide Chlorpyrifos Within 60 Days

In a significant victory for farmworkers, public health and the environment, on August 9 the 9th Circuit Court of Appeals ordered the EPA to ban the highly toxic pesticide chlorpyrifos within 60 days. The ruling was the result of a lawsuit brought by Earthjustice and various other advocacy groups. Farmworker Justice was a plaintiff in the lawsuit.  As has been noted in previous FJ updates, the EPA had been set to ban chlorpyrifos, which has been linked to neurodevelopmental damage in children, but former EPA Administrator Scott Pruitt decided not to ban the pesticide after meeting with agrochemical industry representatives.

As stated by Virginia Ruiz, FJ’s Director of Occupational and Environmental Health, farmworkers and their families have needlessly suffered from exposure to chlorpyrifos for far too long. Chlorpyrifos is currently used in over 50 different crops, including corn, soybeans, fruit and nut trees, and broccoli. Corteva, the agricultural division of DowDuPont, issued a statement soon after the ruling calling for an appeal to the decision. Crop Life America, another major manufacturer of the pesticide, has also called for an appeal of the ruling. The EPA has stated that it is reviewing the decision and has not yet decided whether it will appeal the ban.

NPR Highlights Rural Housing Crisis

A recent NPR report highlights the lack of adequate, affordable housing in rural areas of the U.S. The article focuses on a small Nebraska town and the lack of adequate housing for workers in a variety of industries, but does not mention farmworkers. However, the general scarcity of housing in rural areas often makes it even harder for farmworkers to find safe and affordable places to live. This reality is part of the reason why it is so important to maintain crucial protections in the H-2A program that require employers to provide housing for workers.

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 - 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.
 

Fighting for Farmworkers & Our Environment: NHLA & Farmworker Justice Statements on EPA Nomination and Proposed Pesticide Applicator Rules

Latino Leaders Oppose the Confirmation of E. Scott Pruitt to the Position of Administrator of the EPA

WASHINGTON, D.C. - The National Hispanic Leadership Agenda, a coalition of 40 of the nation’s preeminent Latino advocacy organizations, unanimously adopted a motion, presented by the Hispanic Federation, opposing the nomination of Oklahoma Attorney General E. Scott Pruitt as Administrator of the Environmental Protection Agency (EPA), citing his long record working to undermine the environmental protections and enforcement entrusted to this vital agency.

The mission of the EPA and its administrator is to protect public health and safeguard our environment. However, over the past five years, Oklahoma Attorney General Pruitt has used his position to repeatedly attack crucial clean air and clean water protections to the detriment of the health and well-being of millions of Americans.

As Latino leaders we have cause to be particularly troubled by this choice. Asthma and other respiratory diseases are more prevalent in Latinos living in inner cities near polluting power plants, truck routes, and factories. Latinos also make up a disproportionately large number of the workers in agricultural field occupations, where they are exposed to health hazards, bad air quality, and economic impacts of extreme weather. Meanwhile Latino children are more likely to die from asthma than non-Latino white children, and many states that are home to the country’s largest Latino communities are ground zero for the impacts of climate change, including extreme heat, drought, and sea level rise.

“Our communities strongly support efforts to reduce air, water, and climate pollution, and we support policies that cre ate good paying clean energy jobs,” said Hispanic Federation President, José Calderón. “With millions of Americans negatively impacted by air pollution, water pollution, and climate change, we simply can’t afford to have an administrator who doesn’t believe in the value of protecting our environment,” continued Calderón.

“EPA plays an important role in protecting agricultural workers and their families from exposure to pesticides and other toxins. We need an EPA administrator who will work hard to protect the health of the agricultural communities that are a vital part of the social and economic fabric of American rural communities,” said Bruce Goldstein, President of Farmworker Justice.

Nine in 10 Latinos want action on climate, while 97 percent of Latino voters agree we have a moral obligation to take care of our environment. We now look to the Senate to ensure that the next leader of EPA is someone one who will advance environmental and health protections for Latinos and for all Americans.

Farmworker Justice’s Statement on EPA’s Certification of Pesticide Applicators Rule

Farmworker Justice is pleased that the EPA has published important changes to regulations that govern the certification, training and supervision of individuals who apply high-risk pesticides. The Certification of Pesticide Applicators rule (40 CFR 171), which has not been updated in nearly 40 years, provides national competency standards for those who may purchase and apply ‘restricted use pesticides’ (RUPs). A pesticide is classified as restricted if it poses heightened risk to people or the environment.

The new rule imposes stricter standards to protect human health and the environment and reduce risk to those applying pesticides. Currently there is wide variance among state certification and training programs for pesticide applicators, and requirements for supervision of non-certified applicators. We are hopeful that the new national standards will provide greater consistency in the knowledge and competency of applicators across the nation. In addition, those who apply pesticides aerially or by fumigation will have to demonstrate competency to use these application methods which pose high risk to applicators, farmworkers and surrounding communities.

Many farmworkers applying RUPs are non-English speaking, non-certified applicators who are applying these chemicals “under the supervision” of certified applicators. These are the applicators that are the most vulnerable to occupational injury from pesticide exposure. The vast majority are unable to read the application instructions and safety information printed on the pesticide labels, which are almost entirely in English. Although we are disappointed that the EPA does not require pesticide labels to have bilingual content, the revised rule requires supervisors to provide to non-certified applicators the label information about safety precautions and detailed use instructions in a manner and language that the non-certified applicator can understand. The revised rule also includes improved standards for supervision, establishes a minimum age of 18 for applicators, and requires non-certified applicators to receive pesticide handler and safety training in a language they understand.

We hope that the improved regulation will result in greater awareness by pesticide applicators of the risks they face, stronger protections from exposure, and ultimately, fewer pesticide-related injuries, illnesses, and deaths among farmworkers and their family members.

More the 21,000 Signatures on Petition to EPA Being Delivered Today

EPA proposed changes to the WPS last year, and before the public comment period closed in August, hundreds of thousands of individuals urged EPA to do more to protect workers and their families. Today again, we calling on EPA to finalize the WPS by August 18th, one year from the end of that comment period. We will deliver a petition to the EPA later today with more than 21,000 signatures from individuals around the country asking the Agency to act swiftly to prevent further injury to workers from pesticides.

The U.S. EPA’s Worker Protection Standard (WPS) provides basic protections for farmworkers from exposure to pesticides. In 1992, when EPA last updated the WPS, it estimated that farmworkers in this country experienced between 10,000 and 20,000 physician-diagnosed pesticide poisonings annually. While the 1992 revisions led to some improvement in working conditions, the WPS stills fall woefully short of truly protecting workers. In the more than 20 years since those revisions were implemented, further research on the dangers of pesticides and its effect on workers’ health underscore the urgency in strengthening these protections. 

Twenty years is too long to wait. Every growing season that change is delayed results in thousands of preventable exposures to workers and their families.
 

Follow our facebook page for updates from petition delivery event.
 

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