Legions of undocumented immigrants in the United States carry letters signed by their employers stating that President Donald Trump’s administration considers them essential workers amid the pandemic. While these letters exempt them from being arrested by local agents for violating stay-at-home orders, these workers could still be detained and deported by federal authorities.
José (a pseudonym to protect his identity as an undocumented worker), a landscaper in Connecticut, has had such a letter since the beginning of the stay-at-home executive orders in March. His job, though, could hardly be considered essential.
“We are sent in to maintain malls, apartment buildings, corporations and government offices,” says JosĂ©, who has worked for Middletown, Connecticut-based Bravo Landscaping, for over a decade. “We first pick up all the dead leaves, then mark the edges of the green areas and cut the grass.”
Although he’s been deemed “essential,” José is not entitled to protective gear, compensation, federal financial aid or safeguards from immigration agents. For several weeks, José actually worked without protective equipment.
“Two workers already contracted Covid-19, and their whole teams were sent home to quarantine with just 60 percent of their wages,” says JosĂ©. “As for the sick co-workers, I don’t know if the company is paying for their treatment.”
Connecticut has qualified landscaping as an essential industry since March. Under this cover, companies such as Bravo Landscaping can determine how to manage their undocumented workforce through a deadly pandemic.
“The Covid crisis is really highlighting the contradictions that have always existed in the United States,” says Tania Unzueta, political director of Mijente, a grassroots organization advocating for social justice. “Whether immigrants or U.S.-born, essential workers are not given a livable wage, health insurance or a social network of support.”
Undocumented essential workers were not even considered in the $2.5 trillion relief package approved by Congress and, except in California, have not received financial aid from state or local governments. Additionally, they are being detained and deported.
Though the Immigration and Customs Enforcement Agency (ICE) has suspended large-scale raids since mid-April, it still arrests immigrants that pose “a criminal or public safety threat”—a vague and arbitrarily enforced mandate.
In the midst of the pandemic, the Trump administration has focused its anti-immigrant zeal in removing from the United States thousands of immigrants already in detention centers and in reducing the number of work permits issued to foreigners.
With a Supreme Court ruling impending, the debate over massive ICE raids and deportations, however, will be back in the spotlight.
This ruling, which might put hundreds of thousands of people at risk, will assess whether the Trump administration’s decision to terminate DACA (Deferred Action for Childhood Arrivals) is constitutional or if it flouted federal government regulations.
“Good” or “bad” immigrant?
Initiated by a 2014 executive order of President Barack Obama, DACA grants two-year renewable work permits and deportations deferrals to 690,000 migrants that arrived in the United States as minors before 2007. Trump’s administration argued in 2017 that the program is unconstitutional and should be terminated.
The lower courts concluded, nonetheless, that the administration’s decision to end the program was “arbitrary and capricious.” Having heard oral arguments last November, the Supreme Court has yet to issue an opinion, expected before June 20.
Whichever way the Supreme Court rules—whether it terminates DACA immediately, phases it out or sides with the lower courts—immigrants advocates expect that Trump will try to exploit the issue to boost his chances for reelection in November.
“Republicans have used the same playbook since 2016—to criminalize immigrants and blame them for anybody else’s misfortunes. And to do anything and everything in their power to fear monger and scare everybody,” says Pili Tobar, deputy director of America’s Voice, an advocacy group for immigration reform. “The upcoming election won’t be any different.”
President Trump has proposed in the past to keep DACA in exchange for accelerating deportations and drastically reducing immigration. In practical terms, he offered Democrats to save some immigrants from deportation while removing the vast majority of them. “Republicans are always going to try to pit immigrants against each other,” says Tobar.
Trump’s previous strategy certainly suggests that once the Supreme Court rules, he will try again to pit DACA recipients, U.S. citizens save for their papers, against hard-working immigrants like JosĂ©, essential workers too but lacking any legal or political recognition.
“For people, it’s easier to argue for the undocumented young person or the kids locked in cages, but I think it’s important to talk about how to roll back the system,” says Unzueta. “When children are detained at the border and placed in detention centers, at the same time, their parents are being criminalized, charged with felonies and put in federal prison.”
The United States needs to figure out how to bring immigrants into the citizenry, says Tobar, rather than demonize, exploit and dispose of them during a crisis. “All of the 11 million undocumented people in this country are essential workers, contributing, one way or another, to their countries and communities.”
This blog originally appeared at In These Times on May 15, 2020. Reprinted with permission.
About the Author: Maurizio Guerrero is a journalist based in New York.
Last month, California Labor Commissioner Julie Su distributed a memo instructing her staff to turn away any Immigration and Customs Enforcement (ICE) agents who show up at labor offices without a federal warrant. This action came in response to three recent cases in which ICE sought workers’ information shortly after they filed claims against their employers. Su 
We applaud the Supreme Court’s decision to take up the DAPA and expanded DACA case, which will have profound consequences for our immigrant brothers and sisters who live and work every day under a cloud of fear, as well as for the state of racial and economic justice in our country. We are confident the court will reverse the decision of the 5th U.S. Circuit Court of Appeals and allow the Deferred Action for Parents of Americans and expanded Deferred Action for Childhood Arrivals policies to go into effect, affording millions of people the opportunity to apply for work authorization and temporary protection from deportation. We encourage the Department of Homeland Security to take all steps necessary to ensure these much-needed policies can be implemented as soon as possible after the court issues its decision this summer.
