Learn how Farmworker Justice helps farmworkers improve their living and working conditions. Highlights include:
Immigration Update: Preparing for Deferred Action Implementation
Keep Up Pressure to Protect Farmworkers from Pesticides
Connecting Farmworker Leaders and Migrant Health Centers
Increasing Farmworker Engagement with the Affordable Care Act
Read moreSpring/Summer 2015 Farmworker Justice News Now Available
Farmworker Justice is deeply disappointed by the 5th Circuit’s decision yesterday to deny the Department of Justice’s request to stay the temporary injunction of DAPA and expanded DACA. This decision means continued delays in the implementation of the expanded DACA and the DAPA programs that could provide relief for 4-5 million hard-working parents and Dreamers of the United States. The decision came exactly one week after the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) was supposed to begin.
This ruling does not mean that the Obama Administration has lost the case, it simply means that the Court wants to leave the injunction in place until they have time to decide the full appeal. The full appeal is still pending and is tentatively scheduled for oral argument in early July. The decision does not affect the current DACA program announced in 2012, which is still in effect and accepting new applications and applications for renewal.
While disappointed, Farmworker Justice is not deterred. We will continue to defend President Obama’s administrative actions until the fight for administrative relief is successful. Roughly 700,000 farmworkers and their spouses could be eligible to come forward to apply for temporary protection from deportation and work authorization under the deferred action opportunities. The programs are well within the President’s authority and are a limited but important step toward addressing our broken immigration system. By eliminating the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces.
Farmworker Justice will continue to work with groups throughout the country to support and plan implementation of the DAPA/DACA programs and to win legislation that creates a path to citizenship for undocumented farmworker families and other aspiring Americans.
The federal employment laws meant to provide protection for agricultural workers need more enforcement in order to improve the conditions in our fields, according to a new report released today.
The report by Farmworker Justice analyzes the Department of Labor’s (DOL’s) statistics on its enforcement of the minimum wage and other basic labor protections applicable to agricultural workers on farms, ranches, and dairies. Widespread violations of the minimum wage and other wage-hour laws in agriculture harm farmworkers, as well as the many law-abiding businesses suffering competitive disadvantage caused by unscrupulous employers.
In “U.S. Department of Labor Enforcement in Agriculture: More Must Be Done to Protect Farmworkers,” a report based on reviewing 8 years of agency data under two presidents, Farmworker Justice found a mixed record. The number of investigations of agricultural workplaces conducted by the Department of Labor’s Wage and Hour Division remained fairly consistent despite the hiring of additional investigators and a stated commitment to improving compliance on farms. The data revealed increases in the amount of time spent by agency investigators on agricultural workplaces, increases in the number of farmworkers at investigated employers, as well as increases in the amounts of backpay assessed for violations.
“Consumers of fruits and vegetables want to know that farmworkers in the field are treated decently, and law-abiding growers do not want to be undermined by businesses that violate wage-hour laws, but the reality is that there are widespread violations in agriculture. The U.S. Department of Labor plays an important role in deterring and remedying violations of law. The agency has modestly improved the quantity and quality of its enforcement of labor-protective laws, but many employers still view the risk and the financial consequences of getting caught as too small to deter them from violating the law,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy group in Washington, D.C.
The report’s recommendations include:
• Increase the number of investigations per year and ensure that the Department seeks and collects the full measure of back pay, liquidated damages and civil money penalties.
• Continue increasing the Department’s use of important tools in the law, including the authority to ask a federal court to issue a “hot goods injunction” against the sale of goods produced in violation of the minimum wage. It also should continue increasing its use of the “joint employer” concept when farm operators deny that they “employ” any farmworkers on their farm and seek to impose sole responsibility for minimum-wage violations on farm labor contractors.
• Continue to improve collaboration with farmworker groups on the ground. DOL also should improve its education of the public and Congress about the value of its enforcement efforts on farms.
“The bottom line is that because many farmworkers are suffering systematic violations of basic labor standards, Congress should increase funding for enforcement of the wage-hour laws in agriculture. In addition, the Department of Labor should continue to allocate more investigator time to agriculture and continue to increase its use of all the tools that Congress provided to the agency to remedy and deter violations of employment laws,” added Goldstein.
Read moreNew Report by Farmworker Justice Reviews Dept. of Labor Enforcement in Agriculture
Most people who assist migrant farmworkers agree with David Winkles of the Farm Bureau that Congress should reform the immigration laws (April 20, “S.C. agriculture needs immigration reform”). But we disagree with the specifics in his op-ed.
The current agricultural guest worker program has worked all too well for growers seeking foreign citizens on H-2A visas. The modest labor protections should be stronger, as should their enforcement, to stop displacement of U.S. workers, undermining of wages and abuses of guest workers.
More importantly, Congress should grant a path to immigration status and citizenship to the many experienced farmworkers who are undocumented immigrants.
Read moreLetter to the Editor: Migrant Farmworkers Need Stronger Protections
We couldn’t disagree more with the contention that the Bracero program was “one of the most successful programs of all times” (“Bring on the Guest Workers” by William McGurn, Main Street, March 24). The Bracero program, which began during World War II to provide foreign labor to U.S. farms, ended in 1964 after years of exposés about its labor- and human-rights abuses. While Mexican citizens often were grateful for the job opportunities, the Bracero program exploited the workers’ vulnerability. The guest workers held a restricted, nonimmigrant status with no right to earn immigration status or citizenship. They were tied to particular employers and depended on the employer for the chance for a visa in a following season. Wages stagnated and U.S. citizens and immigrants were displaced in favor of the more controllable foreign workers. While protections against undermining of U.S. workers’ wages and working conditions existed, they weren’t strong enough and they weren’t enforced effectively.
More important, we already have an agricultural guest-worker program and its history reveals that it should not be a model for this nation’s immigration policy. The H-2A temporary foreign agricultural-worker program also began during World War II and has been revised several times, but the program suffers from the same flaws as the Bracero program. The U.S. should not become a nation of guest workers but instead should remain a nation of immigrants who are granted the opportunity to become citizens and enjoy our economic and political freedoms.
Read moreWall Street Journal LTE: Guest Workers and the Bracero Model
The House Judiciary Committee will mark-up four punitive, one-sided immigration bills this week. The four bills revive previously-failed bills. If they were to pass, they would deepen the problems of our broken immigration system. They are: Rep. Trey Gowdy’s (R-SC) draconian interior enforcement “SAFE Act” from last Congress, renamed the “Michael Davis, Jr. in Honor of State and Local Law Enforcement Act” (H.R. 1148); Rep. Lamar Smith’s (R-TX) “Legal Workforce Act, (H.R. 1147)” which requires all employers to use the E-verify system for checking immigration status; Rep. Jason Chaffetz’s (R-UT) “Asylum Reform and Border Protection Act of 2015” (H.R. 1153), which would gravely harm asylum seekers, survivors of domestic violence and trafficking, military members, and abused neglected or abandoned children; and Rep. John Carter’s (R-TX) ironically named, “Protection of Children Act of 2015” (H.R. 1149), which would lower due process standards for all unaccompanied children and expedite their removal from the US.
Read moreHouse Judiciary Committee Still Playing Cruel Games with Immigration
A very conservative, outspoken federal judge yesterday issued a temporary order blocking the Federal Government from implementing the President’s deferred action programs that were announced on November 20, 2014, known as DAPA and expanded DACA. The not unexpected ruling held that of the 26 states challenging the programs, Texas, at least, has “standing” to sue. The district court judge based the order enjoining the deferred action programs on the claim that the Obama Administration had not followed proper procedures in creating the Deferred Action for Parental Accountability (DAPA) Program and the expanded Deferred Action for Childhood Arrivals (expanded DACA) program. The judge reserved for later the decisions of whether the programs violate any law or the Constitution. The U.S. Government will appeal the temporary injunction against President Obama's immigration relief, and the appeal is likely to succeed. The ruling unfortunately creates uncertainty and fear in affected communities, but should be recognized as being only a temporary roadblock as the President’ actions were constitutional and will prevail. Farmworker Justice urges individuals to stay calm and to continue preparing for administrative relief. The decision does not affect the current DACA program announced in 2012, which is still in effect and accepting new applications and applications for renewal.
“Farmworker Justice, along with many legal experts, believes that President Obama’s executive actions are a proper exercise of his prosecutorial discretion, are constitutional, and will ultimately prevail. Farmworker Justice urges the Department of Justice to request the Court of Appeals to issue an emergency stay, which could expedite the process of review,” said Bruce Goldstein, president of Farmworker Justice. “Several hundred thousand farmworkers who labor on our farms and ranches could be eligible for these deferred action programs. The programs are well within the President’s authority. By eliminating the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces.”
Farmworker Justice will continue to work with groups throughout the country to support and plan implementation of the DAPA/DACA programs and to win legislation that creates a path to citizenship for undocumented farmworker families.
Washington, DC – Farmworker Justice opposes amendments to the appropriations bill for the Department of Homeland Security (H.R. 240) that seek to prevent the Administration from implementing President Obama’s immigration executive actions, which are urgently needed to protect immigrant families, youth, and others.
“The DACA and DAPA programs are sensible efforts to address the broken immigration system that is harming immigrants, employers, and the nation. They are a modest step in the right direction and should not be obstructed,” said Bruce Goldstein, President of Farmworker Justice. Among agricultural workers, the people who labor in dangerous, low-paid jobs on our farms and ranches, a majority are undocumented. Many of these undocumented farmworkers live in fear of detection, job loss and deportation, and are vulnerable to abuse.
The President’s deferred action programs will allow eligible residents who lack authorized immigration status to come forward, submit to background checks and properly document themselves with the federal government and in their workplaces. Those undocumented immigrants who qualify will obtain a temporary relief from deportation and temporary work authorization. “With protection against the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces,” said Goldstein.
The President’s actions are a proper exercise of his authority to enforce immigration laws. “Congressional efforts to prevent the Administration from taking these modest steps should be rejected not only because the President possesses the authority, but also because the Administration’s efforts are sensible and humanitarian as well as economically beneficial to our nation and food system,” said Goldstein.
We commend President Obama’s action to address our broken immigration system. The President took action because Congress has refused to address the urgent need for comprehensive immigration reform. In 2013, the Senate passed a comprehensive immigration bill that included a carefully negotiated compromise regarding agricultural workers and employers. Unfortunately, the House failed to act. These proposed amendments move in the fundamentally wrong direction.
Learn how Farmworker Justice helps farmworkers improve their living and working conditions. Highlights include: – Immigration Reform Update: Deferred Deportation and Farmworkers – Victory for Farmworkers: Remedying Systematic Labor Abuses Confronted by Farmworkers – The Affordable Care Act Open Enrollment 2.0: Connecting Farmworkers to Health Insurance – Keeping Up the Pressure to Protect Farmworkers … Read more Fall/Winter 2014 Farmworker Justice News Now Available
Washington, DC – Farmworker Justice applauds President Obama for taking action to address our broken immigration system. Farmworker Justice has been helping farmworker organizations advocate for a more just immigration system because immigration policy has profound impacts on farmworkers, their families and their communities. The President’s administrative relief for certain undocumented immigrants will help several hundred thousand farmworker families. It also represents a step toward desperately-needed, comprehensive reform of our immigration system that Congress should enact.
“We commend President Obama for providing temporary protection against deportation and work authorization for undocumented immigrants who have strong ties to our communities. Several hundred thousand farmworkers who labor on our farms and ranches could be eligible for this administrative relief. It is sensible and within the President’s authority. With protection against the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces.
“Even as we celebrate with those who will be eligible for relief, we are disappointed at the limits of the program. The eligibility criteria will deny administrative relief to many deserving farmworkers and their family members, including many long-time farmworkers who do not have U.S. citizen children.” said Bruce Goldstein, President of Farmworker Justice.
Goldstein concluded: “Immigrant farmworkers and other aspiring Americans deserve to be treated with respect and should be given the opportunity to earn immigration status and citizenship. Demands by some employer groups for exploitative guestworker programs should be rejected. Congress should pass immigration legislation that remains true to our history as a nation of immigrants.”