Press Room

Farmworker Justice condemns House vote to file amicus in DAPA/DACA Supreme Court case

Farmworker Justice condemns the House vote to allow House Speaker Paul Ryan to appear as amicus curiae on behalf of the House of Representatives in the Supreme Court case U.S. v. Texas. This case, which will decide the legality the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) and the expansion of the Deferred Action for Childhood Arrivals program (expanded DACA), is scheduled to be heard by the Supreme Court on April 18th. Speaker Ryan’s brief will oppose the DAPA and expanded DACA programs. The resolution, which would allow Speaker Ryan to represent the entire House of Representatives and use the House Office of General Counsel to file the brief, is inappropriate when so many Members of Congress (186) oppose the position of the Speaker. This move is another in a series of extraordinary, divisive attacks on President Obama and on immigrants.

The President’s actions are a prudent and proper exercise of his authority to enforce immigration laws. Both Republican and Democratic Presidents have used their authority to grant temporary immigration relief to groups of individuals in the country without status. As part of the President’s existing authority to enforce the law, he can and must set priorities, target resources, and shape how laws are to be implemented. Within that responsibility, the President has discretionary authority to execute the laws in a manner that most effectively utilizes limited resources, including through the use of prosecutorial discretion. The deferred action programs will better enable the Department of Homeland Security to target their resources and will result in an even more secure border than we have today.

Farmworker Justice President Bruce Goldstein made the following statement:

“Farmworker Justice continues to defend President Obama’s administrative actions and prepare for implementation of DAPA and DACA in farmworker communities. 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 signed on to the amicus brief submitted by 326 immigrants’ rights, civil rights, labor and social service organizations in support of the US government’s position that DAPA and expanded DACA should be allowed to be implemented. 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.

Farmworker Justice Awarded Skin Cancer Prevention Grant from Bristol-Myers Squibb Foundation

Farmworker Justice has been awarded a two-year grant from the Bristol-Myers Squibb Foundation Specialty Care for Vulnerable Populations® Initiative to implement a community mobilization project that will promote community integration and reduce the impact of skin cancer among farmworkers and their families in Homestead, Florida and North San Diego County, California.

The project, Unidos Eliminado Barreras para la Prevencion de Cancer de la Piel (United Eliminating Barriers to Skin Cancer Prevention), aims to increase cross-sector capacity to mobilize around skin cancer prevention, detection, treatment, and care with approaches that are sustainable in farmworker communities.

Farmworkers – people who labor on our farms and ranches – and their family members face more substantial health challenges than other groups and suffer poorer average health. Their working and living conditions expose them to long hours of ultra-violet radiation and skin irritants, putting them at a higher risk of developing skin cancer.

“We are very pleased that the Bristol-Myers Squibb Foundation is providing this support to help address issues relating to skin cancer in farmworkers who represent a medically underserved population that is at risk for both environmental and occupational health problems” said Bruce Goldstein, Farmworker Justice President. “In addition to providing access to skin cancer detection services, resulting in earlier detection of skin cancer and appropriate skin cancer treatment, this project will develop effective approaches and strategies to inform national private and public sector decision makers to better respond to this important public health issue.”

Farmworker Justice is pleased announce our community partners for the project are California-based Vista Community Clinic and the Farmworker Association of Florida.

Farmworker Justice Statement on US Department of Labor’s New Wage-Hour Guidance on “Joint Employment”

Today, Wage and Hour Division of the U.S. Department of Labor, issued guidance on enforcement of the minimum wage and other protections under the Fair Labor Standards Act of 1938 (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act of 1983 (AWPA or MSPA). The administrative interpretation focuses on “joint employment,” which means a situation in which a group of workers is employed simultaneously by two or more entities that are considered to be “joint employers” and jointly responsible for complying with labor protections. The issue of joint employment is especially important in agriculture because many farm operators utilize farm labor contractors to hire and supervise farmworkers on their farms while denying that they “employ” those farmworkers. When such farmworkers are deprived of the minimum wage or other labor protections under these two laws, many farm operators attempt to evade the legal responsibilities owed by “employers.” Frequently, when workers achieve legal victories, labor contractors lack the resources to pay a court judgment, leaving farmworkers without a remedy. Farmworker Justice is pleased that the Department of Labor is addressing rampant wage-hour abuses associated with labor contracting.

Farmworker Justice Statement on Supreme Court Decision to Review Legality of President Obama’s Executive Action on Immigration

Today we celebrate the news that the United States Supreme Court will review the legality of President Obama’s executive action on immigration. The DAPA and expanded DACA programs are on hold due to a district court injunction, which was upheld by the 5th Circuit Court of Appeals in the case Texas v. U.S. We are … Read more Farmworker Justice Statement on Supreme Court Decision to Review Legality of President Obama’s Executive Action on Immigration

Omnibus Budget Bill Strips Protections for H-2B and U.S. Workers

The International Labor Recruitment Working Group (ILRWG) is deeply disappointed that the proposed House of Representatives 2016 Omnibus spending bill contains provisions that strip protections and lower wages in the H-2B program. These shameful provisions will result in pink slips for U.S. workers and exploitation for foreign workers. The greatest challenge facing the U.S. economy … Read more Omnibus Budget Bill Strips Protections for H-2B and U.S. Workers

Statement of Farmworker Justice on the Appellate Court Ruling on Immigration

On Monday, the Fifth Circuit Court of Appeals issued its long-awaited decision in Texas v. U.S., upholding the lower court’s order blocking President Obama’s executive action on immigration. The court’s 2-1 decision prevents the Administration from implementing DAPA (Deferred Action for Parents of Americans) and expanded DACA (expanded Deferred Action for Childhood Arrivals).

“The judicial system has committed a serious error that perpetuates our terribly broken, inhumane immigration system and stops the federal government from exercising its authority,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy organization for farmworkers. “The injunction should be lifted. The President’s exercise of prosecutorial discretion is a sensible, limited and lawful action. Texas does not even have a legally proper basis to bring this case. The courts should not intervene in what is clearly a political dispute between the Executive Branch and states that disagree with the President’s immigration policy.”

We are pleased that the Department of Justice is seeking review of this case in the Supreme Court, which we hope will swiftly accept and rule on the case. While we are frustrated that millions of immigrants will have to wait longer for the limited, temporary relief which these programs would provide, we expect that the Supreme Court will support the Administration’s exercise of its authority.

“This case is vitally important to farmworker families, their communities and the agricultural system,” said Bruce Goldstein.” DAPA and DACA could provide temporary relief to an estimated 700,000 farmworkers and family members. At least half the farm labor force is undocumented, which contributes to the low wages and labor abuses in the fields. Implementing DAPA and expanded DACA will provide much needed relief from deportation and temporary work authorization to many farmworker families.

But this executive action is not a complete answer. Congress must pass comprehensive immigration reform to fix the system and provide undocumented immigrants an opportunity for immigration status and eventual citizenship.

New H-2A guestworker program rule on sheepherders increases wages but problems remain

The U.S. Department of Labor today released new regulations for employment of guestworkers that herd sheep and other livestock on the open range. The regulation, issued under the H-2A temporary foreign worker program will replace outdated guidance which allows employers to pay H-2A sheepherders and goatherders $750 a month to be on call 24 hours a … Read more New H-2A guestworker program rule on sheepherders increases wages but problems remain

Farmworker Justice’s Statement on EPA’S Worker Protection Standard

Farmworker Justice is pleased that the EPA has issued an improved Worker Protection Standard (WPS) today and that it includes many important new protections from exposure to pesticides for farmworkers. Farmworkers are routinely exposed to high levels of pesticides in the fields where they work and in the communities where they live. We hope that the improved regulation will result in greater awareness by farmworkers of the risks they face, stronger protections from exposure, and ultimately, fewer pesticide-related injuries, illnesses, and deaths among farmworkers and their family members.

The revised WPS establishes a minimum age of 18 for pesticide handlers; increases the frequency of worker safety training from once every five years to every year; improves the content and quality of worker safety trainings; provides new rules on decontamination and personal protective equipment; and improves the quality of information that workers receive about the pesticides that have been applied at their workplace. While we are disappointed that the final rule does not include some significant safety measures, we will continue to work with our community partners to advocate for greater worker protections at EPA and at the state and local levels.

In the months to come, we will reach out to farmworkers to help them understand the changes in the law and continue to work to help them understand their right to a safe workplace and environment. We will also work with EPA to ensure timely implementation and strong enforcement of the new rule, and continued engagement with farmworker communities.

Temporary Injunction Remains in Place for Now with 5th Circuit Divided Decision to Deny of DOJ’s Request for Stay

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.

Groups, along with more than 150,000 Individuals, Call for Ban on Dangerous Pesticides

The Environmental Protection Agency (EPA) received a strong message from labor, community, and environmental health groups as well as more than 160,000 people, calling for a ban on the widely-used neurotoxic pesticide chlorpyrifos that interferes with brain development in fetuses, infants and children.
EPA called for public comments on its recently released human health risk assessment, the result of a legal petition and several lawsuits filed by a coalition of environmental health groups. The assessment reduces protections from chlorpyrifos and relies heavily on modeling created by Dow AgroSciences, the company that manufactures chlorpyrifos. Dow’s model, which EPA accepted, relies on ethically questionable studies involving the intentional dosing of humans with chlorpyrifos.

Technical comments were submitted by Earthjustice, Natural Resources Defense Council (NRDC), Pesticide Action Network (PAN), Farmworker Justice, United Farm Workers (UFW), Farm Labor Organizing Committee AFL-CIO (FLOC), Pineros y Campesinos Unidos del Noroeste (PCUN), and California Rural Legal Assistance Foundation. The comments use scientific reports to illustrate the health effects and on-the-ground realities of exposure to chlorpyrifos that farmworkers, their families and communities routinely face.

"Even EPA’s own flawed analysis shows that farmworker harms from chlorpyrifos can't be avoided," says Erik Nicholson National Vice President of UFW. "Yet EPA proposes continued use of this hazardous chemical. It's unconscionable."

Fourteen years ago, EPA banned residential use of chlorpyrifos due to strong scientific evidence of negative effects on children’s health. However, agricultural uses were allowed to continue. The Natural Resources Defense Council (NRDC) and Pesticide Action Network (PAN) urged the agency in 2007 to ban to all remaining uses because of the growing evidence of the detrimental impacts to children and communities when pesticide drifts from farm fields onto neighboring homes, schools and playgrounds.

"The scientific evidence that chlorpyrifos harms children at very low levels of exposure is overwhelming. It is time for EPA to ban this neurotoxic pesticide," said Earthjustice attorney Patti Goldman, who represented the groups in legal actions related to the petition. "EPA has finally acknowledged that chlorpyrifos is related to developmental impairments like reduced IQ and attention deficit disorder, and it is time to get farmworkers, their families and communities out of harm’s way."

Though banned for home uses because of dangers to children, chlorpyrifos is still heavily used on fruit and nut orchards, soybeans, and corn, with an estimated 8 million pounds applied in the U.S. annually.

EPA has long ignored children’s exposure to pesticide drift and has failed to act on peer-reviewed scientific studies showing brain impairments to children exposed to chlorpyrifos.

"The science on health impacts of this chemical just keeps getting stronger—and overwhelmingly supports the need for a phase out," said Margaret Reeves, Ph.D., senior scientist at PAN. "In addition to many on-the-ground cases, there are numerous independent, peer-reviewed studies documenting risks to agricultural communities. Yet EPA continues to underestimate these risks and has once again failed to protect children’s health."

Young children and pregnant women are particularly vulnerable to the pesticide because of the susceptibility of developing bodies and brains, and chemicals that interfere with the nervous system during development may cause long-term or permanent damage. Children in agricultural communities face the greatest risks. All children may consume pesticide residues on food and in drinking water, but rural and farm children may be further exposed to pesticides drifting from treated fields into the places they live, learn and play. Family members who work on farms may carry pesticide residues into homes on their clothes and shoes at the end of the day.

"EPA found that low-dose chlorpyrifos exposures are associated with learning and behavioral impairments in kids in real-world studies," said Jennifer Sass, Ph.D., senior scientist with NRDC. "Children deserve the chance to grow up free of the influence of this toxic and unnecessary chemical—EPA should move swiftly to ban it and protect the next generation."

More than 160,000 public petitions were collected by Earthjustice, Friends of the Earth, Pesticide Action Network, United Farm Workers,Organic Consumers Association and NRDC. More than 75 public interest organizations and 20 health professionals also submitted separate letters calling on EPA to follow the science and ban the chemical.