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This World Cup Is Brought to You By Abused Migrant Workers

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In a full-throated defense of 2022 World Cup host nation Qatar, FIFA president Gianni Infantino said in a press conference on Saturday, “Today I feel Qatari, today I feel Arab, today I feel African, today I feel gay, today I feel disabled, today I feel a migrant worker…because I know what it means to be discriminated, to be bullied.”

Criticizing the West, and Europe in particular, for migration policies, corporate profiteering off of Gulf oil, and “what we Europeans have been doing for 3,000 years around the world,” Infantino tried to draw attention away from multiple controversies plaguing the 2022 World Cup.

FIFA, the governing body for world soccer, is expected to bring in $6.5 billion in revenue from this year’s World Cup, a 25% jump from the 2018 games. Infantino himself made $3.2 million in 2019 alone.

Meanwhile, over 6,500 workers have reportedly died in construction for the games since the World Cup was awarded in 2010 to Qatar, reflecting widespread safety hazards and labor abuses.

Labor Recruitment and Exploitation

Migrant laborers have been forced to pay billions of dollars in fees since 2011 to “recruitment agencies” in order to secure jobs at companies contracted to build the stadiums in which national teams will compete over the course of the tournament.

According to numerous human rights observers, workers have faced nonpayment of wages for up to a year, wage theft, severe mental health issues, 14-hour workdays, and a range of other abuses and poor conditions.

“Who in the world aside from billionaires can afford not being paid for 10 months or a year?” said Namrata Raju, the India Director for Equidem, a London-based human rights organization that has issued several critical reports on labor conditions in the Gulf.

Among the findings of Equidem’s most recent report, titled “If we complain, we are fired,” are reports of forced labor, workplace violence, health-and-safety issues and nationality-based discrimination. The report is based on conversations with about 1,000 workers conducted over the past three years, including 60 in-depth interviews.

One anonymous Kenyan worker cited in the report says, “Supervisors would hit us in front of other workers to pressure us to work faster and complete our work on time. This physical abuse was never addressed.”

Conditions in Qatar’s leadup to the World Cup have been under fire for years since the country was awarded the games in 2010, and are part of a more general set of labor problems under the Gulf’s kafala system. This labor regime closely ties the low-wage migrant workers that the region’s economy depends on to their employers and leaves them with almost no voice and subject to massive abuses.

Human rights groups have reported that up to 10,000 migrant workers from South Asia, the Philippines, and other countries die in the Gulf each year.

Labor Reforms

After international pressure, the Qatari government has undertaken reforms since 2017 to mitigate the worst of the abuses, entering into an agreement with the International Labor Organization.

The reforms included a minimum wage increase, an end to requiring “exit permits” for migrant workers to leave Qatar, and the ability to change jobs without permission from the employer. The ILO reports mixed results, but abuses are reportedly continuing even as the World Cup gets underway.

Equidem’s Raju says the situation remains “dire” for migrant workers in the country. She describes the reforms as “lip service” because of a lack of enforcement and notes that labor unions remain illegal for migrant workers in the country. Strikes and protests by migrant workers are also illegal in Qatar.

Equidem is urging Qatar to set up a migrant workers’ center to allow workers an avenue to complain without being “terrified of some kind of punitive action,” in Raju’s words.

The “first step [is] for workers to feel safe,” Raju says.

Qatar’s government has argued that the criticisms it has faced are the product of anti-Arab racism, with the country being targeted on issues ranging from the freedom of the press to LGBTQ+ rights.

At least one former World Cup migrant worker who In These Times spoke with agreed that Qatar has been selectively targeted, even though the anti-worker abuses are real.

Md. Emran Khan reported having worked 14-hour-days in Qatar as a technical assistant making and testing concrete for Qatari contractor Advance Construction Technology Services from 2016 to 2018.

“If it was in the U.S. or Europe, would the media be paying this much attention to worker abuses like these?” he asked in Bengali.

Khan now works for the Awaj Foundation in Bangladesh assisting prospective, current, and former migrants. He argues that Qatar is the best migration destination in the Gulf for South Asian migrants.

Racism in Labor System

But Raju at Equidem argues that if Qatar were serious about racism, it would address the racism inherent in its labor system.

“I would ask them, if [they understand] what racism means, why do they have a two-tier labor system?” she asked.

In the Gulf, different labor rules apply to migrants, who are predominantly African, South Asian and Filipino workers, leaving them in a much worse position than nationals and citizens of other Arab countries. For example, Qataris are allowed to form trade unions, while migrant workers are not.

Raju says, “We’re asking [FIFA] to compensate all of these workers [in Qatar]. So many workers have not been paid.”

A returned Nepali migrant worker pseudonymously titled “Hari” in a video released by Human Rights Watch describes how he worked in Lusail, Qatar’s second largest city, where, he says, “there wasn’t a single building anywhere” when he arrived.

“Now there are towers everywhere. We built those towers,” says Hari.

Equidem’s report also notes “a pattern of egregious worker rights abuses during the 2014 World Cup in Brazil and the 2018 World Cup in Russia.” For example, workers in Brazil worked 84-hour weeks and there were also thousands of evictions of working-class residents to make way for construction.

FIFA, Qatar’s government, and Qatar’s body in charge of its World Cup preparations, the Supreme Committee for Delivery & Legacy, did not respond to requests for comment.

This blog originally appeared at In These Times on November 22, 2022. Republished with permission.

About the Author: Saurav Sarkar is contributes news and blogs concerning labor to In These Times.

Learn more about workers’ rights, at Workplace Fairness.


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Migrant Women Are Holding Society Together During This Pandemic

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The past year has seen several lockdowns as a result of the pandemic, which have had a deep impact on education, employment and the way we work globally. These factors have had an especially stark effect on women.

For more than 168 million children worldwide, schools have been closed for almost a year, forcing them to resort to online learning from home, according to UNICEF. In most households, it is women who have borne the majority of the burden of home schooling during the lockdowns.

Meanwhile, even as working from home has become the “new normal,” the pandemic has resulted in the loss of 24.7 million jobs, according to an estimate by the International Labor Organization. Economic inequality is likely to worsen, the ILO warns, as the jobs crisis disproportionately affects women and migrants.

In Latin America, the frequent lockdowns have come to define life during the pandemic, the social impact of which has unequally been borne by women. This has led to many women having to leave the workforce due to the mounting pressure of looking after their families, especially since the gender pay gap means they might not be the primary earning members of the household.

In cases where women try to retain their jobs while taking on the major burden of the housework as compared to men, sometimes, the only option available—if they can afford it—is to hire a domestic worker to do the various forms of care work like cooking, cleaning, child-rearing and eldercare that cannot be done easily by a working woman. According to data provided by UN Women in 2016, one in six domestic workers is an international migrant; of these workers, 73.4 percent are women. So, the domestic worker is typically a migrant woman.

Due to the precarious nature of domestic work and the insufficient political power among women domestic workers, their working conditions are appalling. According to data provided by Alliance for Solidarity, 57 percent of domestic workers have no fixed working hours. That means that these domestic workers do not control how long they work for in a day and when they can leave their workspaces, nor do they control their breaks and their meals.

Women Workers and the Pandemic

During the pandemic, the situation for domestic workers has worsened. They are presented with tough choices: either they stay in their employer’s house for the duration of the lockdown and therefore neglect their own families, or they choose to commute and risk losing their jobs because their employers fear that they could bring the virus into their households. Domestic workers’ unions have protested against this terrible choice. But their voices are not presented in the media, largely because these women are marginalized and treated as invisible parts of society.

Women domestic workers are part of a large community of informal workers, many of whom have held society together during this pandemic. It is these informal workers who have been attending to food distribution, cleaning public spaces, and working in small grocery stores and other shops. They bear the high risk of being infected not only due to the nature of their work but also because of their long commutes using public transport. In South America, such jobs are held largely by migrant women, many of whom have insecure residency status.

â€We Don’t Have Labor Rights in a Pandemic—Only Working Conditions’

AngĂ©lica Venega left Peru for Chile to earn more money so she could support her daughter’s education. A relative put her in contact with Sinducap, a trade union for workers in private households and those who work in related activities. Sinducap is part of the Latin American and Caribbean Confederation of Domestic Workers, founded in 1988. Sinducap, Venega told me, allowed her to bargain for clearly defined working conditions in the home where she is employed. These terms of employment include working hours, provision of meals and money for transportation, payment of social security, a uniform requirement or lack thereof, and limits to what is expected during working hours.

Emilia SolĂ­s Vivano, president of Sinducap, told me that there are more than 300 people in the union. The union members are not only domestic workers but also include cleaners, caterers, gardeners and window cleaners. These workers help to sustain a better way of life for their employers. Unfortunately, the same is not possible for them.

Already precarious before the pandemic, the situation for the workers has become worse in the past few months. “Because of the stigmatization of domestic workers as possible [carriers] of the virus,” Venega told me, “many employers ask us to live in the house to avoid using public transportation. This is not exactly an offer. If you don’t accept this offer, you are fired. You are dismissed, but because they make you an offer which you refuse, they call it a resignation. If you resign, there are [no] legal benefits. In a pandemic, we have no labor rights. We only have conditions.”

The demand that domestic workers live in their place of employment, Venega said, is not just about the pandemic, fear of disease, and the protocols of health. The pandemic, she said, is being used by employers to extend the working day for less pay. When you live in the same house where you work, working hours can end up being dictated by the convenience and working conditions of the employers, who may demand more attention once they come home from work, during weekends when receiving visitors, and according to the schedule of their children.

These are conditions, Venega told me, that the employers of domestic workers would not tolerate in their own workplaces, where they are employed, but they are not afraid to impose such terrible conditions on the domestic workers. Employers often reduce the wages of the domestic workers, saying that their own salaries have been reduced due to the pandemic.

If a worker is infected by the COVID-19 virus, then they are summarily fired. Workers are responsible for paying for their treatment and where they spend a quarantine period in these cases. This is even more terrible for a migrant, who might not have a house to go to or a family to shelter with. Being fired could mean deportation.

The “new normal,” Venega told me, is not so “new.” It is part and parcel of how things were even before the pandemic. “What is being made normal,” she said, “is greed.”

This article was produced by Globetrotter. Reprinted with permission.

About the Author: Taroa Zúñiga Silva is the co-editor with Giordana García Sojo of Venezuela, Vórtice de la Guerra del Siglo XXI (2020). She is a member of the Secretaría de Mujeres Inmigrantes en Chile. She also is a member of the Mecha Cooperativa, a project of the Ejército Comunicacional de Liberación.


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A Low-Carbon Economy Will Be Built By Nannies, Caregivers and House Cleaners

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Image result for mindy isserReinvigorated movements are charting new terrain to build worker power and reverse the dramatic climate crisis facing society. Uncompromising mass mobilizations are on the rise, as more workers participated in strikes in the U.S. in 2018 than any of the previous 31 years, and historic demonstrations, like climate strikes, have taken off to demand action around climate change. Migrant workers, many of whom are climate refugees working in the care industry are waging a tremendous struggle against the Trump administration’s relentless, racist attacks, like the new “public charge” rule, which stops immigrants who receive public benefits from obtaining a green card or permanent residency. The Green New Deal offers an opportunity to bring these fights together around a broad program that tackles not only climate change, but also advances a vision of what a society that prioritizes people—not profit—could look like. But this future can only be won if the labor and climate movements find more ways to act together, and if they strategize more seriously about how to ensure low-carbon work is also good work.

The lowest carbon jobs are the ones that don’t extract anything from the land, don’t create any new waste and have a very limited impact on the environment—an idea put forward by writers and activists Naomi Klein and Astra Taylor, along with striking West Virginia teacher Emily Comer. These jobs include teaching, nurturing and caring— invaluable jobs like cleaning homes and caring for children, seniors and those living with disabilities. Care work is generally ignored or looked down upon because it doesn’t create commodities that can be bought and sold, and because it is typically done by women. The shift towards low-carbon work should necessarily include a dramatic expansion of care work. But in order to make that possible, the standards and conditions of that work must be urgently raised.

Care work is not only immensely important for individuals and families who depend on it, but for the economy at large. The National Domestic Workers Alliance (my employer) describes it as “the work that makes all other work possible.” By taking care of young children, nannies and child care workers allow parents to produce at their jobs. And by caring for seniors, home care workers, Certified Nursing Assistants and other caregivers keep those in the “sandwich generation,” caring for both children and parents, in the workforce. If there were no more caregivers—or if there were a nationwide caregiving work stoppage—our economy would crumble almost instantly.

The history of domestic work and care work, however, is stained by our country’s legacy of racism and sexism. In 1935, the National Labor Relations Act (NLRA) was passed, giving workers the legal right to organize, and recourse if they were intimidated or fired for doing so. But not all workers were afforded these rights—domestic workers and farm workers were purposefully excluded as part of a compromise in order to pass the NLRA. Democrats in the South feared that allowing farm and domestic workers to unionize would give black workers—who were the vast majority of farm workers and domestic workers—too much economic and political power.

We’ve seen how this legacy affects care work today: low pay, no benefits, and it’s often illegal to unionize. In addition to their lack of labor protections, these workers’ social standing makes them even more susceptible to abuse at work, including wage theft and sexual harassment or assault. The vast majority of domestic and care workers in this country are women of color, many of whom are migrants.

By understanding this connection, we can build deeper solidarity between care workers organizing for power on the job and the climate movement more broadly. The exclusion of domestic workers from the NLRA, and the ensuing degradation of their working conditions and lack of rights at work, was a compromise rooted in economic injustice and political exclusion—two historical wrongdoings that the Green New Deal seeks to undo.

While presidential candidates and other politicians are lauding these jobs as the key to a just transition away from fossil fuels and into a Green New Deal, we can’t expect to meaningfully transition to low-carbon work without first focusing on how to improve that work. That effort must be a central part of the transition’s strategy. Every worker deserves a union job with high wages and benefits—including domestic and care workers.

In the midst of the Great Depression and massive unemployment in the 1930s, the New Deal created nearly 10 million union jobs. We face a challenge of even larger proportions today: how to radically reconfigure our economy away from industries that poison the environment, and how to create millions of new, green union jobs.

The Green New Deal resolution put forward by Representative Alexandria Ocasio-Cortez (D-N.Y.) and Senator Ed Markey (D-Mass.) promises to do just that, stating that it will establish “high-quality union jobs” that provide a “family-sustaining wage, adequate family and medical leave, paid vacations, and retirement security.” While millions of people will be put to work repairing the damage inflicted by climate change and setting the foundation of a new economy that will help us weather the crises we couldn’t stop, millions of workers will be left to find other low-carbon work.

When we transition workers away from well-paying oil and gas jobs, we don’t just want their tacit acceptance, we want their support, participation, and excitement: It’s the only way we’ll build the political will to actually pass the Green New Deal, and transform our economy at the speed and scale necessary to halt future damage. To do this, we need a real plan to make low-carbon jobs good jobs.

The Domestic Workers Bill of Rights, which has already passed in 9 states and one city, was introduced into Congress by Representative Pramila Jayapal (D-Wash.) and Senator Kamala Harris (D-Calif.) earlier this year. The legislation will essentially amend the NLRA to include domestic workers, while also giving them some new rights too, like the right to overtime pay, safe and healthy working conditions, and written agreements with their employers. Passing the Bill of Rights is a first step in ensuring that all domestic workers are treated with respect and dignity.

In California, child care workers just won a 16-year battle for the right to unionize. Now, 12 states allow child care workers to negotiate over wages and benefits. A handful of states have recognized unions for home care worker paid through Centers for Medicare and Medicaid, although the Trump administration is now trying to make it illegal for unions to deduct dues from workers’ paychecks.

To make child care and home care jobs not just low-carbon jobs, but good jobs, every single worker in this country needs the right to collectively bargain. Without being able to stand together to bargain for wages, benefits and rights at work, workers are forced to negotiate individually—just them against the boss. For workers who are oppressed due to their race, gender or migration status, this unequal reality is compounded by the ways employers use these social systems to further erode conditions, and to undermine workers’ abilities to advocate for themselves. Collective bargaining builds power for workers to push back both against bosses who want to exploit them for their labor, and corporations that want to maximize profit through environmental destruction. Building a union and engaging in shared struggle is also our best method to build solidarity across oppression and fight our common enemy — the ultra-rich who make decisions about both our working conditions on the job and our living conditions on our planet.

Although traditional collective bargaining is possible for certain child care and home care workers—because their employer is the state—it’s more complicated for domestic workers who tend to have multiple gigs. Because nannies, private-pay home care workers and house cleaners are often isolated in individual homes, we need the government to intervene to set a wage floor for the industry, and to ensure benefits and rights for all workers.

The Albany Park Workers’ Center in Chicago experimented with a living-wage hiring hall for day laborers and domestic workers by allowing those workers to connect with employers use written contracts, and find jobs that pay a living wage. Workers were able to access a daily job distribution list, and secure jobs through a coordinator. In 2015 and 2016, workers reported an average wage of $32 per hour, which was three times Chicago’s minimum wage at the time. Experiments like this must be expanded upon at a scale that sets a wage floor for all domestic workers.

One of the biggest challenges with domestic worker rights is enforcement, because these workers are so isolated. But that’s why we need a labor movement and a climate movement that’s dedicated to prioritizing care work—both for workers’ rights and for the future of our earth. A powerful movement of working-class people is the only way we will be able to force the government to both make the economic transitions we need to save our planet, and to improve conditions for care workers. As the need for care and the need to transform our economy for the sake of our environment both continue to grow astronomically, our movements need a plan to put care workers first. And because care work intersects with so many other social struggles—sexism, racism, migration, climate justice—focusing on it expands the base in in support of a movement of workers to transform both the economy and climate.

A transition away from extractive and destructive work will necessarily mean a growth of the care industry. Organizing and raising standards for care workers needs to be a central focus of a strategy to bring labor and climate together—to envision a low carbon economy that works for all of us.

This article was originally published at InTheseTimes on October 22, 2019. Reprinted with permission.

About the Author: Mindy Isser works in the labor movement and lives in Philadelphia.

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Dairy workers call on Ben and Jerry’s to give them better hours and fair wages

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This week, dairy workers are using an annual ice cream giveaway day by Ben and Jerry’s to bring awareness to the long, hard hours and low wages that many in the industry face.

In the state of Vermont and across the country, dairy workers and supporters of migrant farmworkers rallied outside the ice cream company’s storefronts on Tuesday to call attention to what they say are human rights abuses in the dairy supply chain.

Migrant workers called on Ben and Jerry’s—a company known for its progressive values—to implement the “Milk with Dignity” program as part of an agreement the company signed in 2015 to ensure that the cooperatives supplying the milk would improve the quality of life for migrant workers, such as providing a weekly day off, improving health and safety conditions, and alleviating overcrowded housing issues, among other labor conditions.

Two years out, Ben and Jerry’s has yet to implement the initiative despite sourcing its milk from cooperatives that may not care about the abuses of dairy workers. The ice cream company also placed partial blame on the advocacy group Migrant Justice for being slow to finalize the draft agreement.

“We’ve been working diligently with them since then on the details of how to successfully operationalize the program, which still needs finalizing,” a recent Ben and Jerry’s statement read. “We strongly support the goals of Milk with Dignity and believe that a worker led program is the best way to protect the rights and dignity of the workers on Vermont’s dairy farms. We remain committed to the agreement we signed and are continuing to work towards a successful conclusion with Migrant Justice.”

Thelma Gomez, a Migrant Justice member, is one of many Vermont dairy workers who want to see better conditions for people in their industry. Her husband, who works on a dairy farm that sells to the St. Albans Cooperative Creamery, which Ben and Jerry’s buys from, has worked seven days a week for the past two years because he doesn’t have any days off from work. As a result, he has missed out on crucial life milestones of their twin three-year-old daughters.

Gomez’s husband is far from alone. According to a 2014 survey of 172 dairy farmworkers across the state of Vermont, 40 percent of workers said they didn’t get weekly days off. Another 40 percent said they weren’t paid the Vermont state minimum wage; farmworkers aren’t covered by federal and most states’ wage laws. And 30 percent of workers reported overcrowded housing.

The dairy industry has come to rely on undocumented immigrant labor partly because Americans don’t want to do the work, but also because agricultural visas only cover seasonal work, which excludes the year-round dairy work process. As a result, some of the 1,500 immigrant dairy workforce in Vermont are exploited by employers to conduct harsh labor.

“These are undocumented workers who are filling this labor need because farms in Vermont have had to grow and consolidate in order to deal with the fluctuating prices in the industry,” Will Lambeck, a staff member with the Migrant Justice, told ThinkProgress. “[Farms] are growing but they’re still relying on cheap labor to get the job done, relying on workers who will work 60, 70, 80 hours a week without breaks, without days off, for what’s often pay below minimum wage.”

“Those are, by and large, undocumented workers,” Lambeck added.

Advocate Enrique “Kike” Balcazar (pronounced “Kee-kay”), a 24-year-old Mexican immigrant, helped establish the “Milk with Dignity” program at Migrant Justice because he wanted to change the 60-to-80 hour work weeks that he regularly faced. Most recently, he made national news after the U.S. Immigration and Customs Enforcement (ICE) agency detained him as he was leaving the Migrant Justice office. Balcazar has since been released on bail and is now awaiting a hearing before an immigration judge.

Though Lambeck would not comment on Balcazar’s immigration status, he believes ICE agents may have targeted Balcazar because he is a prominent organizer and frequently shows up for immigrant rights events.

The Trump administration’s harsh immigration policies have broadened enforcement priorities and empowered ICE agents to cast a wider net. Lambeck said he believes that the recent detention of Balcazar along with two other Vermont dairy workers was an intentional tactic to force immigrants to continue feeling “persecuted” and “precarious.”

“What ICE and the federal government wants, isn’t to deport every single immigrant in the country because they know that this country needs the labor of immigrant workers,” Lambeck said. “What the motivation of these sorts of attacks is and the federal policy behind them, is to create a class of that are so persecuted and so precarious in their status in this country that they accept conditions that they otherwise would not.”

This blog was originally posted on ThinkProgress on April 4, 2017. Reprinted with permission.

Esther Yu-Hsi Lee is the Immigration Reporter for ThinkProgress. She received her B.A. in Psychology and Middle East and Islamic Studies and a M.A. in Psychology from New York University. A Deferred Action for Childhood Arrivals (DACA) beneficiary, Esther is passionate about immigration issues from all sides of the debate. She is also a White House Champion of Change recipient. Esther is originally from Los Angeles, CA. Contact her at EYLEE@thinkprogress.org.


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Modern-day Braceros: The United States has 450,000 guestworkers in low-wage jobs and doesn’t need more

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On César Chávez Day, lost in all the news about the Trump administration’s criminalization and scapegoating of immigrants and attempts to withhold federal funds from cities with policies that protect immigrants, are the 450,000 low-wage-earning migrant workers employed in the United States through the H-2A, H-2B, and J-1 visa temporary foreign worker programs. Many of the workers in these temporary visa programs are in a precarious situation and vulnerable to abuse and retaliation at the hands of employers and their agents.

These “guestworkers” often arrive in the United States in debt, and are tied to and controlled by their employers. Research shows guestworkers are often paid lower wages than similarly situated U.S. workers, and earn wages similar to those of undocumented immigrant workers. This is reminiscent of the Bracero Program—a large guestworker program in the 1940s, 50s, and 60s that admitted hundreds of thousands of Mexican workers to work temporarily on U.S. farms and in other low-wage occupations—and which César Chávez fought against. Chávez knew that exploited, indentured, and underpaid workers would degrade labor standards for all workers in the United States, including immigrants. After scandals, political pressure, and President John F. Kennedy campaigning against it, the program was terminated in 1964.

Sadly, America has not learned its lesson. The United States is repeating an historical mistake, once again admitting large numbers of guestworkers in low-wage occupations. With the possibility looming that the Trump administration will reduce enforcement and oversight in guestworker programs—which will be further exacerbated if Trump’s proposed 21 percent budget cuts to the Department of Labor (DOL) are enacted—the United States may once again face scandals like the one where the bodies of guestworkers who died in a traffic accident were not immediately claimed, because farm labor contractors and agricultural growers argued over who their employer was.

A snapshot of today’s low-wage guestworker programs

The H-2A program allows employers to hire workers from abroad for agricultural jobs that normally last less than one year, including picking crops and sheepherding. There is no numerical limit on H-2A visas, and in recent years, the H-2A program has grown sharply, doubling over the past five years to 134,000 workers, and accounting for nearly 10 percent of the crop labor force.

H-2B workers are employed in seasonal (nine months or less) low-wage nonagricultural jobs like landscaping, forestry, food processing, hospitality, and construction. There is an annual numerical limit of 66,000, but workers often stay longer than one year or have their stay extended. Despite the cap on the H-2B program, a “returning worker exemption” allowed 85,000 new visas to be issued in 2016.

The J-1 visa is part of the Exchange Visitor Program, a cultural exchange program run by the State Department that has 14 different J-1 programs, including programs that permit Fulbright Scholars to come to the United States, but also five de facto low-wage guestworker programs. J-1 workers in low-wage occupations are au pairs, camp counselors, maids and housekeepers, lifeguards, and staff restaurants, ice cream shops and amusement parks and national parks like Yellowstone. Only one of the five programs is numerically limited: the Summer Work Travel program is capped at 109,000 per year.

Numerous media reports and legal proceedings have documented how H-2A, H-2B, and J-1 guestworkers are treated poorly. For example, Buzzfeed News asked whether H-2A and H-2B are “The New American Slavery?” and Politico Magazine reported this week that the State Department covered up and lied about thousands of complaints received from J-1 workers. Immigrant worker advocates have been sounding the alarm bells about all three programs for years, but the employers who hire guestworkers continue to lobby for more visas and fewer rules that protect workers.

So, how many workers are employed in these three programs? Calculating the number of workers is not straightforward, and the government does not publish reliable data by visa. Using the same methodology I developed in this report, I estimate in Table 1 below that there were over 270,000 low-wage workers employed in the H-2A and H-2B programs in 2016.

 
Table 2 shows that the number of J-1 workers in low-wage occupations was 167,960 in 2015, and the number in 2016 was likely similar (2016 data on J-1 are not available).

Modern-day low-wage guestworker programs larger than Bracero at its peak

The grand total of guestworkers employed in low-wage occupations in all three programs in 2016 is 438,190 (Table 3), close to half a million, but many were not employed in the United States for the entire year. On average, H-2A workers were in jobs certified to last for seven months, more than half of the H-2B workers counted were employed for the entire year, and most J-1 workers counted were employed for four months, but one-third worked for the entire year.

Comparable estimates for the number of temporary Bracero workers are difficult to come by. The most commonly cited statistic is that there were almost 450,000 Braceros “admitted” in the peak year of 1956, meaning that this many workers authorized through the Bracero program entered the United States. However, using admissions to count unique workers, as many reports have done, is misleading. For example, the number of H-2A workers admitted in 2015 was more than 2.5 times the number of visas (a proxy for the number of workers) issued that year, in part because some H-2A workers live in Mexico and commute daily to jobs in the Arizona and California deserts, generating an individual, counted admission each time they enter the United States.

A Bracero worker’s job could last from six weeks to six months, also making it difficult to count the actual number of workers. To get a better measure of how many Bracero workers there were and what their impact was on the labor market, the DOL calculated the average annual number of Bracero workers, generating an estimate of full-time equivalent workers. The table below, from a 1973 study, shows 125,700 full-time equivalent (FTE) Bracero workers in 1956, the peak year for admissions, suggesting a ratio of 3.5 Bracero admissions per FTE job. The peak year for FTE Braceros was in 1959, at 135,900. (Ignore the number of “immigrants” below, which represents Mexican nationals who became permanent residents in those years.)

A similar “annual average” calculation of temporary, low-wage foreign workers present in the United States in 2016 would be lower than 438,000; but how much lower depends on the length of time that each individual worked in the United States. However, no matter how you count, there’s no question that there are more low-wage guestworkers today than there were Bracero guestworkers in the peak year for either Bracero admissions or FTE workers.

Lobbying blitz around guestworker programs is already underway, and will be exacerbated by the Trump administration’s immigration enforcement

Through an executive order, President Trump has already redefined the priorities for deportation so broadly that nearly every unauthorized immigrant is now considered a priority for detection and removal, and his administration is expected to step up enforcement against unauthorized migration on the southern U.S. border and at worksites within the interior of the United States. This will impact the five percent of the U.S. labor force that is comprised of unauthorized immigrant workers. Two-thirds of the entire unauthorized population has lived in the United States for at least 10 years, and unauthorized migration over the Mexico-U.S. border is at historically low levels, which means the Trump administration will mostly be trying to remove long-term residents who are integrated into the United States through employment and family ties.

If a significant number of unauthorized immigrants are removed and fewer new workers arrive, employers are likely to request more guestworkers, particularly in agriculture, landscaping, hospitality, and construction. Employers seeking new workers are likely to pressure the Trump administration and Congress to create new temporary foreign worker programs and/or expand the current programs, as well as to loosen and curb the enforcement of rules that protect migrant and U.S. workers. Specifically, employers are pressing Congress to eliminate the requirement to provide housing for H-2A workers and they want to remove the cap on H-2B visas.

This corporate lobbying blitz has already gotten underway, as many low-wage employers have become addicted to having indentured employees who can’t complain or legally search for a better U.S. job. Just yesterday, the Wall Street Journal editorial board called for more guestworkers in low-wage jobs, warning of a “growing labor shortage” in agriculture and construction. But they failed to mention that the earnings of most farmworkers are still extremely low and that the latest JOLTS data from the Bureau of Labor Statistics show there are three unemployed construction workers for every job opening—not exactly signs of a dire shortage.

Both Democrats and Republicans seem to have a soft spot for employers seeking low-wage guestworkers. At a recent hearing, Republican Governor Sonny Perdue and Democratic Senator Kristen Gillibrand discussed and described the H-2A program as too “cumbersome” for farm employers, even though there is no limit on the number of H-2A workers they can hire and DOL has processed 99 percent of applications in a timely way in 2017. Low-wage nonfarm employers persuaded 32 legislators to sign a bipartisan letterasking the Department of Homeland Security (DHS) to audit the H-2B program in an effort to build support to expand the program (by exempting returning workers from the 66,000 a year cap). Republican-sponsored legislation to do just that—exempt returning H-2B workers from the annual cap—was introduced in the House this month, with two Democratic co-sponsors.

Does the United States need to expand its modern-day Bracero programs?

Changing and loosening the rules in work visa programs could lead to a quick doubling of the number of low-wage guestworkers in the United States. Is one million low-paid, exploitable, indentured workers—who have no path to lawful permanent residence and citizenship—what the U.S. economy needs? César Chávez would say, “No!” Migrants who come to the United States and contribute to the economy should be afforded civil, human, and labor rights, and a chance to become American.

Furthermore, the number of jobs for workers with a high school degree or less has not yet recovered to the pre-recession levels of late 2007, and wages for less-educated workers have stagnated. In other words, labor market indicators do not suggest the United States needs more low-wage guestworkers. Then why are employers and Congress fixated on this? Changing the low-wage labor market in this manner deserves a fully informed public debate and Congress should be held accountable. Any expansion of low-wage guestworker programs should not occur through deregulation at the federal agency level or via must-pass omnibus appropriations legislation, as has occurred time and time again over the last decade.

This article was originally posted at EPI.org on March 31, 2017. Reprinted with permission.

Daniel Costa has been director of immigration law and policy research since 2013, having joined EPI in 2010 as an immigration policy analyst. An attorney, his current areas of research include a wide range of labor migration issues, including the management of temporary foreign worker programs, both high- and less-skilled migration, immigrant workers’ rights, and forced migration, including refugee and asylum issues and the global migration crisis.


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AFL-CIO Report Warns TPP Will Force Another Mass-Migration Into US

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dave.johnsonTrade agreements can be used to boost prosperity on all sides of trade borders by increasing business opportunities, raising wages and increasing choices. Or they can be used to concentrate corporate power, cutting wages and choices.

Guess which model our country’s corporate-written trade agreements have followed? (Hint: look around you: we have ever-increasing concentration of corporate power and concentration of wealth, limited competition, falling wages and limited opportunities to start new businesses.)

One way our corporate-written trade agreements have hurt most of us has been through forcing working people to compete in a race to the bottom. The effects on most of us are just devastating. For example:

“The Men Have Gone To The United States”

The North American Free Trade Agreement (NAFTA) forced many small Mexican farmers out of business. Many of these small farmers were forced to migrate north in search of a way to make a living.

A McClatchy Newspapers report from February, 2011, “Free trade: As U.S. corn flows south, Mexicans stop farming,” examined the dynamic:

Look around the rain-fed corn farms in Oaxaca state, and in vast areas of Mexico, and one sees few young men, just elderly people and single mothers.

“The men have gone to the United States,” explained Abel Santiago Duran, a 56-year-old municipal agent, as he surveyed this empty village in Oaxaca state.

… A flood of U.S. corn imports, combined with subsidies that favor agribusiness, are blamed for the loss of 2 million farm jobs in Mexico. The trade pact worsened illegal migration, some experts say, particularly in areas where small farmers barely eke out a living.

The Communications Workers of America (CWA) gathered migration facts in, “How U.S. Trade Policy Has Contributed to Mass-Migration to America.” Some of the numbers:

In total, nearly 5 million Mexican farmers were displaced while seasonal labor in agro-export industries increased by about 3 million – for a net loss of 1.9 million jobs.iii

The annual number of immigrants from Mexico more than doubled from 370,000 in 1993 (the year before NAFTA went into effect) to 770,000 in 2000 – a 108% increase.

That Was Then, This Is TPP

Now another corporate-written “trade” agreement called the Trans-Pacific Partnership (TPP) is probably coming before Congress in the “lame duck” session following the election. Like NAFTA, this agreement is likely to cause another forced migration northward from Mexico, Central and South American countries as jobs move from those countries to even lower-wage countries like Vietnam.

A report from the AFL-CIO titled “Trading Away Migrant Rights: How the TPP Would Fuel Displacement and Fail Migrant Workers” warns:

The TPP categorically fails to protect workers in the Pacific Rim. As currently drafted, the TPP would increase corporate profits and power while exposing working people to real and predictable harm, including lost jobs and lower wages. Migrant workers already are subject to extreme rights violations in some TPP countries, and this new trade deal would make it even harder for many families to find decent work at home.

The TPP is a recipe for destabilizing communities, perpetuating low wages and stifling labor rights—all of which are factors driving migration.

On a Monday press call discussing the report Celeste Drake, Trade and Globalization Specialist with AFL-CIO, explained how the report shows that TPP is likely to make working families in TPP countries less secure.

The agreement fails workers by offering no transition assistance or safety net for workers who lose their jobs. Mass displacements are not easily remedied which can spur mass migration. Then as economic factors increase migration TPP provides displaced workers with no protections, no labor rights and does not set up a task force to address trafficking and abusive practices by labor recruiters.

Shannon Lederer, AFL-CIO’s Director of Immigration, explained that migration should be a choice not a necessity for survival. Trade should lift all boats, not facilitate a race to the bottom. But TPP would not help to advance these goals. It would in fact make efforts to achieve them harder. She also noted that TPP has a complete lack of protections for migrant workers. Migrant workers face exploitation and trafficking.

The AFL-CIO report explains how TPP will kill jobs in Mexico , Central and South America, forcing people to migrate:

The TPP is poised to disrupt North and Central American supply chains by granting substantial trade benefits, including eventual duty-free access for all TPP countries to the U.S., Mexican and Canadian markets. This will set CAFTA and NAFTA countries up against even lower wage countries in the TPP like Vietnam and Malaysia.

… The inclusion of Vietnam in the TPP is a major concern to apparel workers due to the size of Vietnam’s apparel industry and extensive government subsidies and ownership of large apparel manufacturing facilities. Vietnam is already the second-largest textile and apparel exporter to the United States, shipping more than $11 billion in product to the United States in 2014. This level could surge under the TPP, which would put enormous pressure on Central American manufacturers and workers. Much Central American production could transfer to Vietnam, with its lower wages and authoritarian regime, further degrading Central America’s jobs base and uprooting those dependent on textile jobs.

Likewise, Malaysia’s electronics industry is rife with forced labor, according to the U.S. government’s own reports; yet the TPP would force workers in Mexico’s maquila sector to compete with Malaysian production standards. Loose rules of origin requirements mean that competition not only will come from Vietnam and Malaysia, but also China. Workers in the Americas displaced by these factors may have few options but to emigrate in search of better opportunities in the United States and elsewhere.

Meanwhile, changing economic opportunities associated with increased production and growth in countries like Brunei, Malaysia, Peru and Vietnam could amplify job churn and both “push” and “pull” workers into countries with poor labor rights records.

TPP offers nothing to protect these workers or protect the rest of us from the resulting race to the bottom. But maybe that’s the point.

This post originally appeared on ourfuture.org on October 26, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.


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New Report: 90 Percent of the World’s Domestic Workers Lack Social Security Protection

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elizabeth grossmanNinety percent—or 60 million of the world’s estimated 67 million domestic workers, some 80 percent of whom are women—labor without any basic social security protections, says a new International Labor Organization (ILO) report. Developing countries have the biggest gaps in coverage but wealthier nations are not immune to this problem.

According to the report, 60 percent of domestic workers in Italy are outside the country’s social security system, as are 30 percent of domestic workers in France and Spain. And here in the U.S., domestic workers—housekeepers, house cleaners, nannies, child and elder care providers among others—are not covered by many of the basic workplace protections that most employees take for granted.

“I would like that we stop being invisible to society,” says Maria Esther Bolaños, who works as a housekeeper in Chicago. Domestic workers “want to be respected and valued,” says Magdelena Zylinska, a domestic worker, also in Chicago who’s been cleaning homes since 1997. “That’s so little really, just to be treated with respect,” says Zylinska. “Everybody who works wants that. We’re not asking for anything extraordinary.”

Historically, most U.S. domestic workers have been excluded from labor protections granted other workers, explains Zylinska. But “we are normal people with children and financial responsibilities,” she says. “That’s why I think it’s important that people recognize us as workers in general and give us more support and rights just as regular workers.”

Both Bolaños and Zylinska are working with groups that are part of the National Domestic Workers Alliance for passage of an Illinois state law that would extend basic employment protections to domestic workers. Among these provisions are written contracts, schedules that specify work hours, meal and other breaks and coverage by state laws that guarantee minimum wages, one day of rest in seven and those of the Illinois Human Rights Act.

If passed, the Illinois bill—known as the Domestic Workers Bill of Rights (HB1288)— would be the seventh such U.S. state bill. So far only California, Connecticut, Hawaii, Massachusetts, New York and Oregon have comparable laws.

Nationally, U.S. domestic workers are covered by Social Security but not by the Occupational Health and Safety Act. Nor do they receive benefits of the Family and Medical Leave Act, Americans with Disabilities Act or the Age Discrimination in Employment Act. And until 1974, when Congress extended the Fair Labor Standards Act to cover domestic workers, U.S. workers employed directly by households were without minimum wage and overtime protections. In 2013, a new Department of Labor rule revised regulations to better cover domestic caregivers under the Fair Labor Standards Act, but leaves U.S. domestic workers without many basic employment protections.

“We have no basic benefits like sick leave,” explains Sally Richmond, who has worked for years providing child care and is a community organizer with the Alliance of Filipinos for Immigrant Rights and Empowerment (AFIRE).

Poor working conditions, long hours and low wages

As described by the ILO report, “Domestic work has traditionally been characterized by poor working conditions, long hours, low wages, forced labor and little or no social protection. In other words, domestic workers are exposed to conditions that are far from the concept of decent work promoted by the ILO. This situation largely reflects the low social and economic value societies usually place on this activity. This is often reflected by the absence of adequate laws and the lack of effective enforcement of those that do exist.”

While domestic work is some of the lowest paid and least protected in the world—in some places earning no more than half the average wage—so many people do this work that, according to the ILO, “if all domestic workers worked in one country, that country would be the world’s tenth largest employer.” Domestic workers also have some of the longest and most unpredictable work hours of any employees.

Add to this, the fact that most of the world’s domestic workers are women, makes this workforce socially and economically vulnerable to additional discrimination, says the ILO. Extending basic social protections to domestic workers is key to fighting poverty and promoting gender equality, said Philippe Marcadent, Chief of the ILO’s Inclusive Labour Markets, Labour Relations and Working Conditions Branch in a statement. The ILO report also points out that many of the estimated 55 million women engaged in domestic work around the world—a number that is likely an undercount—are also migrants, which adds to their vulnerability to discrimination and unfair labor practices.

“Most of us are immigrants and come from really poor countries,” says Zylinska. There are many domestic workers that are supporting “not only their families here but also families in their [home] countries.” Language differences and concerns about immigration status add to the daily employment uncertainties for many domestic workers, say Bolaños and Zylinska.

ILO agreement on domestic workers rights—not ratified by the U.S.

As part of its efforts to improve working conditions and labor protections for domestic workers, in 2011 the ILO adopted what’s called the Domestic Workers Convention that requires countries that ratify the agreement to ensure that domestic workers labor rights are no “less favorable” than those of other workers—including with respect to social security protection and maternity protections. The Convention outlines basic labor rights to include working hours, wage, occupational health and safety, child and migrant workers protections. It also underlines the importance of organizations that represent both domestic workers and those who employ them. But so far, only 22 countries have ratified the Convention. The United States is not among them.

Unlike those employed by more formal workplaces—those outside private homes—around the world, domestic workers typically lack comparable enforceable policies on working hours, occupational health and safety protections, maternity leave, workplace inspections and access to information on labor rights—including the right to organize and form unions.

Many domestic workers “are afraid to complain for fear of losing their job,” says Richmond. “My hope is for this work to be professionalized,” she says. Working with the Union Latina, helps “teach us how we can protect ourselves against abuse and wage theft and how we can take sick days,” says Bolaños. “We don’t have contracts, today I have a job, tomorrow I don’t have a job. It’s a very unregulated business,” explains Zylniska.

But all these basic workplace and labor protections are feasible and affordable, says the ILO report—even for middle and low-income countries. Yet while it documents increasing social security coverage for domestic workers worldwide, these policies often exclude migrant workers who make up at least one-sixth of this global workforce. While fixing these problems can’t be accomplished by one single policy model, said senior ILO economist Fabio Duran-Valverde in a statement, “mandatory coverage (instead of voluntary coverage) is a crucial element for achieving adequate and effective coverage under any system.”

While U.S. law provides protections for domestic worker not guaranteed in other countries, this household-based workforce still lacks coverage provided to other American employees. And given the nature of the domestic workplace ensuring change even when policies shift can be difficult.

“The laws on the books are one thing, but we’ve always been really aware that conditions for domestic workers don’t automatically change when a bill is signed into law,” says National Domestic Workers Alliance campaign director, Andrea Mercado. To make these changes, “It’s going to require a culture shift and a public conversation around domestic work and care work and why we should value it,” she says. “That’s kind of our struggle,” says Zylinska.

The Illinois Domestic Workers Bill of Rights now has 21 Senate and 33 House sponsors. A spokesperson for lead sponsor state Senator Ira Silverstein said the bill is expected to be reintroduced this month and could move swiftly toward a vote.

This blog was originally posted on inthesetimes.org on April 12, 2016. Reprinted with permission.

Elizabeth Grossman is the author of Chasing Molecules: Poisonous Products, Human Health, and the Promise of Green Chemistry, High Tech Trash: Digital Devices, Hidden Toxics, and Human Health, and other books. Her work has appeared in a variety of publications including Scientific American, Yale e360, Environmental Health Perspectives, Mother Jones, Ensia, Time, Civil Eats, The Guardian, The Washington Post, Salon and The Nation.


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Court Orders Dominican Republic to Recognize Citizenship

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0ba2540[1]The Inter-American Court of Human Rights ordered the Dominican Republic to reform all national laws blocking the recognition of citizenship for children of undocumented parents born in the country.

The decision, dated Aug. 28, 2014, was made public on Oct. 22, 2014, according to a story today in El Dia, a national newspaper in the Dominican Republic. The sentence orders the country to adopt the necessary measures to ensure no laws or rules deny Dominican nationality to children born in the country to undocumented parents who migrated there.

The decision comes in a case in which 27 people were deported, five of them Haitian children residing in the Dominican Republic and 22 of whom were found to be Dominicans.

“The court found the existence, at least for a period of around one decade after 1990, a systematic pattern of expulsions, including through collective acts of Haitians and people of Haitian descent, which reflects a discriminatory conception,” according to El Dia, quoting the court statement. The Inter-American Court of Human Rights is part of the Organization of American States.

In September 2013, the Dominican Republic’s Constitutional Court issued a ruling that retroactively took away citizenship from individuals unable to prove their parents’ regular migration status.

The ruling would have barred such individuals from any activity that required official identification, including working in the formal sector, attending school, opening a bank account, paying into retirement or social security funds, accessing health services, getting married, traveling or voting, according to an AFL-CIO and Solidarity Center report.

Further, it disproportionately affected individuals of Haitian descent living and working in the Dominican Republic.

Hailing the court decision, Geoff Herzog, Solidarity Center Dominican Republic country program director, said, “the Solidarity Center joins with our union allies and with our allies in the migrant support community in defense of migrant worker rights.

“We support recognition of citizenship for Dominicans of Haitian descent who are blocked from citizenship and therefore, are denied their basic human and labor rights.”

This appeared in AFL-CIO.org on October 27, 2014, and is Originally from Solidarity Center Website. Reprinted with permission. http://www.solidaritycenter.org/content.asp?contentid=1955.


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Migrant Women Bring Voices to Capital

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Michelle ChenAdareli Ponce is a typical working woman in America, but her work experience is not typically “American.” Even though the products of the labor of women like her are everywhere, her story is invisible to many. As the main provider for her family back in Hidalgo, Mexico, the 31-year-old has spent years slogging away in U.S. chocolate and seafood processing facilities. Migration was her chance to escape the entrenched poverty that ensnares so many young women in her hometown, who she says are often excluded from sustainable job opportunities. But the journey has been fraught with hardship and loneliness.

This week, she and a number of other women who have worked in the U.S. on “guestworker” visas went to Washington, D.C. with the bi-national labor advocacy group Centro de los Derechos del Migrante to testify about migrant women’s struggles.

Because most migrant workers are men, Ponce said in her public testimony, “migrant women are commonly excluded and made invisible in debates about immigration.” But they make up as much as over 40 percent of the low-wage immigrant labor force, according to some estimates, and they face gender-specific problems ranging from sexual harassment on the job to the challenges of transborder motherhood.

If migrant women are missing from the immigration debate, they are also excluded from conversations about U.S. women in the workforce, which tend to dwell on white-collar problems like the gender pay gap and the corporate “glass ceiling.” Migrant women face much more basic problems: how to stave off sexual abuse and cope with long-term separation from their children, which compound issues common to migrants of all genders, like crushing poverty or heat exhaustion and toxic fumes in farm fields.

Ironically, migrant women workers have propelled opportunities for middle-class Americans. Moms who work outside of the home can better achieve work/life balance thanks to options like a migrant nanny at home or frozen seafood dinners processed by the industries fueled by migrant women’s labor.

Facing double discrimination as immigrants and women, female guestworkers like Ponce risk being tracked into especially low-paid, exploitative jobs. In this racket, everyone else gets a cut:international labor recruiters who act as shady brokers of coveted visa jobs; U.S. employers who bring in these workers to serve as cheap, “disposable” labor, and big corporations like Walmart that earn fat profits at the expense of underpaid migrants in subcontracted supply chains.

As Working In These Times has reported before, many guestworkers are near-powerless to challenge bosses over labor violations. The recent case of mass wage theft of Jamaican contract cleaning workers in Florida shows how “legal” work authorization still leaves ample opportunity for employers to violate workers’ rights and, due to fears of deportation, leaves many with little legal recourse.
Women in Hidalgo generally are willing to endure the hardship of temporary work in the U.S. Ponce says, because it’s still seen as a better opportunity than any job available to them in their community. Yet Ponce understands why many other migrant women work undocumented. Despite the enormous risks—including sexual violence on the migrant trail, and fraud and wage theft by employers—they are at least not legally indentured to a single employer or forced to return home after a set time.
Speaking through an interpreter during her visit to D.C., Ponce tells Working In These Times that for immigrant mothers, especially parents, the emotional pain of familial separation can rival economic hardships. “Women are the core of the family… In many Mexican homes, mother is also [taking the role of] the father of those children. [Migrant women] experience isolation of being far away from family, and on top of that they have to put up with the mistreatment that they suffer.” Ponce does not have children herself, but sends money home to support her sisters.
But the workers struggling within this system are finding ways to organize. Ponce now serves as an advocate with Centro de los Derechos del Migrante, which campaigns in both the U.S. and Mexico for immigration reform that would expand the rights of guestworkers in many low-wage industries.
The Senate immigration reform bill proposed earlier this year respoded to some of the demands of pro-migrant advocates by offering a complex scheme to allow some guestworkers and undocumented migrants an opportunity to obtain legal residency status, with the primary interest of sating labor market demand. That would give the growing population of guestworkers a pathway to settle here with their families.
At the same time, lawmakers proposed major cuts to family reunification visas, curtailing one of the few channels of legal migration outside of the guestworker system—crossing over through the sponsorship of family members already permanently settled in the U.S. The Senate would scrap reunification visas for siblings and institute a new, streamlined visa system that would score an immigrant’s eligibility based on various criteria, such as educational attainment.

Advocates are pushing for preservation of the family reunification system and a more open, humanitarian-based legalization process. Many support the bill’s provisions to expand immigrant’ labor rights, including reforms to curb employer abuses of the guestworker system. But even with those reforms, perilous barriers to family reunification would remain. And for undocumented workers, the process for petitioning for legalization could take well over a decade and involve strict employment requirements and fines, which might foreclose opportunities for women to qualify—yet another gender barrier to setting here and reuniting with family. At the end of the day, whether they start out with papers or not, a workers’ family could take half a generation to become whole again.

That’s too long to wait for the mothers, sisters and daughters who have for years toiled in the U.S. for their families, yet no longer know what their children look like. There’s no provision in the reform bill that resolves the pain of that longing. There are only voices like Ponce’s, which have no grand legislative solutions—just an appeal for dignity in return for all they’ve given up.

This article was originally printed on Working In These Times on October 12, 2013.  Reprinted with permission.

About the Author: Michelle Chen is a contributing editor at In These Times, a contributor to Working In These Times, and an editor at CultureStrike. She is also a co-producer of Asia Pacific Forum on Pacifica’s WBAI. Her work has appeared on Alternet, Colorlines.com, Ms., and The Nation, Newsday, and her old zine, cain.


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Terror in the Fields: Migrant Women Face Sexual Violence on the Job

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Michelle Chen

There aren’t many jobs in the United States that are tougher than farmwork-—picking crops under a sweltering sun, earning just enough to survive, jumping from one unstable seasonal job to another. But the job is especially unbearable if you have to work yourself to exhaustion all day under the watch of the man who raped you.

There have over the years been numerous reports of widespread sexual abuse of women farmworkers-—everything from being called demeaning names by supervisors to brutal sexual assault. Many of the victims suffer in silence, cut off from law enforcement and social services and fearful of losing their jobs if they come forward to authorities, according to a report on sexual violence in agricultural work by Human Rights Watch.

The report, based on dozens of interviews with survivors and advocates, outlines the multiple barriers to justice that women face-—not just institutional sexism but also crippling poverty and discrimination in law enforcement. Women may feel they have little choice but to suffer humiliating treatment and abuse in order to support their families. The consequences of reporting sexual violence can be devastating for the whole household, because the boss might fire both the victim and the family members who work alongside her.

Women make up a sizable minority in a male-dominated agricultural workforce. The economic oppression that afflicts the farmworker population generally is exacerbated by a climate of gender oppression, in which women are viewed as sexual objects, and victims of abuse may face devastating social stigma even from their own community.  Single women, indigenous, and lesbian, gay, bisexual, and transgender workers are especially at risk, according to HRW researchers.

The testimonial of Angela G. describes how her abuse was enforced by layers of silence and impunity ingrained in the workplace culture:

In her experience, women in general were not valued by the supervisors and the foremen, but Angela reported that because she did not have a partner, she was singled out for abuse. “I was called a dyke; they said I was a lesbian…. [The supervisor] and the foreman would laugh.” She was afraid to say anything because others who had complained of sexual harassment had been fired immediately. But to listen in silence day after day caused her a great deal of pain…

Angela stayed on, however, because she wanted to get promoted, earn a higher salary, and be better able to support her family. And then one day, a supervisor asked her to come over to his house to pick up some boxes. Angela reported that after she entered the house, he raped her.

Angela said she felt powerless: “For me, it felt like an eternity. I wanted to scream but I couldn’t. Afterward, he said I should remember that it’s because of him that I have this job, and if I say anything, I’ll lose my job…. I was afraid to call the police, to do anything. I didn’t know what to do. My mind was completely blocked off.”

No one knows how often this scene is repeated every day on the vast industrial farms that have drawn hundreds of thousands of migrants. But since the migrant farm workforce is the product of federal labor, food and immigration policies, the government is at least complicit in, if not at the crux of, this system of exploitation.

Although the law should theoretically protect all women from such abuse, immigrant workers are deterred from reporting work-related sexual violence because the law tends to criminalize them rather than treat them as survivors deserving of justice. As federal and state authorities have focused on arresting and deporting the undocumented, immigrant communities have every reason to see police as a source of terror, not protection.

Although special immigration relief known as the U-Visa is available to victims of crime, advocates are concerned that the qualifications for the visa are too stringent for people who are dealing with trauma and economic hardship. Access to counseling and other services is also severely constrained by language and culture barriers that make it hard for social agencies to build trust with underserved communities.

At the same time, sexual victimization is part of a continuum of exploitation, and as long as farmworkers, whether they’re here legally or not, are excluded from equal labor and civil rights, suffering in all forms will remain an intrinsic part of the agricultural system. Grace Meng, a researcher in Human Rights Watch’s U.S. Program who authored the report, said that while farmworkers face unique threats on the job, “a lot of the factors that make them vulnerable are true of unauthorized immigrant workers in a lot of industries.” Although special remedies like the U-Visa might help address individual violations, she said, “We think that the most practical and effective way to deal with the vulnerability of these workers and this population to crime and other abuses is to enact comprehensive immigration reform.”

It should be no surprise that on America’s farms, so many women are treated as less than human, since not even the government sees them as worthy of respect under the law.

An earlier version of this article was published on Alternet.

This blog originally appeared in In These Times on May 28, 2012. Reprinted with permission.

About the author: Michelle Chen’s work has appeared in AirAmerica, Extra!, Colorlines and Alternet, along with her self-published zine, cain. She is a regular contributor to In These Times’ workers’ rights blog, Working In These Times, and is a member of the In These Times Board of Editors. She also blogs at Colorlines.com. She can be reached at michellechen @ inthesetimes.com.


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