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How Ending DACA Hurts All Low-Wage Workers

Tuesday, September 5th, 2017

This morning Attorney General Jeff Sessions announced that the Trump administration will “wind down,” and in six months, end Deferred Action for Childhood Arrivals (DACA), a Department of Homeland Security initiative put in place in 2012 that temporarily deferred the deportation of approximately 800,000 young immigrants who were brought to the United States as children. DACA has been an unqualified success and has benefited not only the DACA recipients themselves, but also the country and the economy.

The young immigrants who met the requirements and passed the necessary background checks for DACA were promised by the federal government that they would not be removed from the United States for two years at a time, as long as they kept applying to renew, kept a clean criminal record, and were either enrolled in school or graduated, or serving in the military or honorably discharged. Because of these requirements, we know that nearly all of the recipients are deeply integrated into their local American communities and labor markets.

Along with protection from removal, DACA recipients are entitled to receive an employment authorization document (EAD), allowing them to be employed in the United States legally, along with certain other benefits. More than 100 legal experts and 20 state attorneys general have recently argued that DACA is a lawful use of the executive branch’s prosecutorial discretion, and as I have written before, the granting of an EAD to deferred action recipients is clearly authorized by statute. Together this means that eliminating DACA is entirely a political decision and not a legal one. The impact of this political decision is significant: 800,000 young immigrants—many of whom have never known another country except when they were small children—will become instantly deportable and lose the ability to work legally and contribute to the United States, and will be effectively left without labor rights and employment law protections in the workplace.

To call this decision tragic is an understatement. Not only is it inhumane—after President Trump promised to treat DACA recipients with “heart”—but the evidence is clear that DACA has positively benefited the U.S. labor market. The vast majority of DACA recipients are employed, 87 percent, and on average DACA recipients saw their wages increase by 42 percent after receiving an EAD. Those gains—and the higher tax revenue to the federal and state and local governments that have accompanied it and benefited public coffers—are now in jeopardy.

President Trump has also repeatedly voiced his desire to help improve working conditions for American workers, but by ending DACA he is harming the U.S. citizens and lawful permanent residents who are employed alongside DACA recipients. Once DACA recipients lose their work authorization, they will effectively be unable to complain when they are paid below the minimum wage, aren’t paid for overtime hours, or when their employer subjects them to unsafe conditions at the workplace. All immigrant workers who are unauthorized are often too afraid to speak out when employers take advantage of them, because they know their bosses can threaten them with deportation and use their immigration status to retaliate against them. The impact of this is not theoretical: research has shown that unauthorized immigrants suffer much higher rates of wage theft than U.S. citizens. The reasonable fear unauthorized workers feel keeps them docile and quiet, which in turn diminishes the bargaining power of Americans who work alongside unauthorized workers. Ending DACA and forcing these young workers out of the formal, regulated labor market, thus making them easily exploitable, will not help American workers, it will do the opposite.

Ending DACA will destroy the educational and employment prospects of 800,000 young immigrants who did nothing wrong, while at the same time hurting the wages and labor standards of American workers. If President Trump were serious about improving labor standards for working people, he would reconsider and reverse his decision.

 This blog originally appeared at In These Times on September 5, 2017. Reprinted with permission.
About the Author: 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.

Why Defending Workers’ Rights Means Fighting ICE’s Deportation Machine

Friday, August 25th, 2017

Last month, California Labor Commissioner Julie Su distributed a memo instructing her staff to turn away any Immigration and Customs Enforcement (ICE) agents who show up at labor offices without a federal warrant. This action came in response to three recent cases in which ICE sought workers’ information shortly after they filed claims against their employers. Su told The Los Angeles Times that, in two of these cases, ICE officials showed up at the employees’ labor hearing. In case ICE continues to show up at such hearings, Su provided suggested scripts to guide the interaction. “Would you please leave our office? The Labor Commissioner does not consent to your entry or search of any part of our office,” reads one portion of the text.

ICE’s targeting of labor hearings falls into a much broader pattern of workplace immigration raids. The second term of the George W. Bush administration saw a boom in such policies, with authorities carrying out hundreds of sweeps targeting workers. In May of 2008, hundreds of Homeland Security agents swooped into Postville, Iowa and arrested 389 employees at a kosher meatpacking plant. Nearly 300 of those workers spent five months in jail before being deported. In a town with a population of just 2,300 people, this meant that more than 10 percent of all residents were incarcerated as the result of one raid. “They don’t go after employers. They don’t put CEOs in jail,” said Postville Community Schools superintendent David Strudthoff at the time. “[This] is like a natural disaster—only this one is man-made. In the end, it is the greater population that will suffer and the workforce that will be held accountable.”

While Barack Obama deported more people than any other president, the tactic of targeting workers fluctuated on his watch. Data from ICE indicates that workplace immigration arrests peaked for Obama in 2011—but never reached the levels seen under Bush. The National Employment Law Project’s (NELP) Haeyoung Yoon told In These Times that, while we haven’t seen widespread examples of workplace raids under the Trump administration, this doesn’t mean they’re not coming eventually. “These efforts take a lot of time to plan,” said Yoon.

Underscoring Yoon’s point, 55 undocumented workers were detained in February in a series of Mississippi restaurant raids. After the arrests, ICE public affairs officer Thomas Byrd said that the federal search warrants were part of a year-long investigation.

State organizations like the Illinois Business Immigration Coalition are training employers to prepare for the possibility of such sweeps. NELP and the National Immigration Law Center have created a helpful guide for businesses concerned about ICE raids, which includes details on how to keep agents out, what to do if they enter and what actions can be taken after they leave. “Employers and their employees have rights when it comes to immigration enforcement in the workplace,” wrote NELP staff attorney Laura Huizar shortly after the guide was published. “Employers can and should take steps now to protect those rights and do what’s best for their business and their teams.”

In California, where almost half of the state’s farmworkers are undocumented, there have been recent legislative efforts to combat workplace raids. The SEIU-sponsored Immigrant Worker Protection Act (AB 450) is a bill, introduced this March, that would require all employers to demand a federal warrant if ICE shows up. The legislation, which was introduced by San Francisco Assemblymember David Chiu, would also prevent businesses from handing over personal employee information unless they were subpoenaed.

But what is to be done about employers who willingly collude with ICE? While explaining her memo, Julie Su told the Los Angeles Times that she suspected businesses of tipping agents off to labor hearings, events where only the employer and employee would be aware of the scheduled time. Earlier this year, Jose Flores, a 37-year-old Massachusetts man, was arrested by ICE shortly after a workers’ compensation meeting. Flores’ lawyers believe that the arrest might have been retaliation from Flores’ employer, Tara Construction, looking for a way to get out of paying out the claim. Stephen Murray, a lawyer for Tara Construction, insists that his client made no contact with ICE and had no reason to believe Flores’ was undocumented.

A recent investigation by ProPublica and NPR reveals that this is hardly an isolated case. Their review focuses on Florida, where a 2003 law made it illegal to for workers to file compensation claims using false identification. In the 14 years since, at least 130 injured workers were arrested under the law. At least one in four of those workers was detained by ICE or deported. “State fraud investigators have arrested injured workers at doctor’s appointments and at depositions in their workers’ comp cases,” reads the report. “Some were taken into custody with their arms still in slings.”

The report also points out that the Florida model could be a preview of widespread things to come under the Trump administration. If this is true, then the labor movement could end up taking a closer look at Tom Cat Bakery in Queens, where a Homeland Security inquiry and promise of subsequent firings sparked radical protests. Employers who openly collude with Trump’s deportation machine might soon be targets of the same resistance.

 This article was originally published at In These Times on August 21, 2017. Reprinted with permission.
About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria

In Their Own Words: Why Immigrant Worker Protections Must Be Extended

Wednesday, August 16th, 2017

A primary goal of the labor movement is to make every job in our country a good job. To do that, we must and we will stand with every worker in the fight for basic rights and dignity on the job. More than 1 million working people are in danger of having their work permits stripped away if the Trump administration ends the Temporary Protected Status and Deferred Action for Childhood Arrivals programs. This is unacceptable. We will fight for and with them just as they have fought for and with all of us.

The DACA and TPS programs help working people and they help the country. Here are just a few stories of union members whose lives have been changed because of these programs. Please send us your story of how DACA and TPS made your life better and helped you exercise your basic rights and find dignity on the job.

Reyna Sorto, Painters and Allied Trades (IUPAT) member:

Employers exploit immigrant workers because they think our fear will keep us silent from speaking out against abuses, even though TPS is not permanent, it does provide a level of protection that can give a worker strength to speak truth to power and denounce exploitative working conditions.

Karen Reyes, DACAmented teacher in Austin, Texas, and member of AFT:

DACA made me visible. It made me realize that those opportunities that I thought were not for me—were now possible. DACA made it possible for me to be able to find a job in teaching. It made it possible to be able to earn money to be help out my mom while she went through numerous health issues. DACA made it possible for me to teach children who are deaf and hard of hearing. DACA made me find my voice and made me be able to live without fear. We must #DefendDACA because after living here for 26 years—I am here to stay.

Gerdine Vessagne, housekeeper in Miami Beach, Florida:

TPS has allowed me to provide for my five children, including two back home and three born here. But this isn’t just about me. Over 50,000 Haitian nationals working in the U.S. have this protected status. We are the engine of Florida’s hospitality industry, much of which greatly depends on our labor.

Cecilia Luis, housekeeper in Orlando, Florida.:

I know a lot of people here that don’t eat or sleep because they’re worried they’ll be sent back to Haiti. It’s not as easy to leave when you’re sending money to your family to help them survive. My God knows everything, and I’m asking him to speak to their hearts so they don’t do this. A lot of people will suffer.

Areli Zarate, DACAmented teacher in Austin, Texas:

DACA allowed me the opportunity to come out of the shadows and lose the fear of deportation. I have a social security number and work permit which gives me the opportunity to follow my dream and teach. I am about to begin my fourth year of teaching with a big heart filled with love and passion for my profession. I am dedicated to my students and it’s hard to see myself doing something else. Yet, every time I have to renew my DACA I am reminded that my status is temporary. I am currently pending a decision on my renewal and I am praying to God that I will be allowed to teach for another two years until my next renewal.

Maria Elena Durazo, UNITE HERE General Vice President for Immigration, Civil Rights and Diversity, spoke for many working people in the hospitality industry:

The American hospitality industry runs because of the women and men on DACA and TPS working in it. These immigrants prove their value to this country every day, and many have been living in and contributing to America for more than a decade. These men and women have deep roots in this country, and are longtime employees, spouses, parents, neighbors and community members. Losing DACA and TPS would destroy both their families and the hotel industry that is built on their work. We must extend TPS and protect DACA—for our sisters and brothers working under them, for their families and for the health of the American economy.

These stories make it clear that the ability to exploit any worker undermines standards for all working people. Increasing the pool of vulnerable workers in our country directly threatens the labor movement’s mission of raising wages and improving working conditions. We call on our nation’s leaders to reverse the destructive course we are on and take these immediate steps to reduce the fear in our workplaces:

  • Defend DACA and protect this vital young workforce;
  • Continue TPS for all affected countries; and
  • Protect labor rights by preventing immigration enforcement from interfering with other important roles of government.

The words of AFL-CIO President Richard Trumka sum it up:

DACA and TPS holders are members of our families, our unions and our communities who have made positive contributions to our society for many years. We will not allow them to lose their rights and status. We will stand with them in the fight to defend these programs as a necessary part of our long-term struggle to ensure that all working people have rights at work and the freedom to negotiate together for fair pay and conditions.

We call on the Trump administration to demonstrate a genuine commitment to lifting up the wages, rights and standards of all working people by acting to defend and extend vital DACA and TPS protections.

This blog was originally published at AFLCIO.org on August 16, 2017. Reprinted with permission.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars. Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History. His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.

Trump’s Bid to Pit Black and Brown Workers Against Each Other

Monday, August 7th, 2017

President Trump has resurrected an old canard in his effort to sell a new effort to restrict immigration into the United States. The legislation he backs, he said at a White House ceremony, was necessary in part to protect “minority workers competing for jobs against brand-new arrivals” under the current immigration system.

This theme is a hardy perennial in right-wing media and think-tank reports, often featuring members of a small but persistent cadre of conservative black people willing to be the face of the pernicious idea that in order to boost the fortunes of African Americans, we have to keep new immigrants out of the country.

This notion keeps getting debunked, but Trump trotted it out anyway as his administration launches key assaults against the core concerns of African-American people.

This comes the same week as news reports that the Justice Department is gearing up a new assault on affirmative action programs at colleges, based on the lie that these programs discriminate against white and Asian college applicants.

Career civil-rights lawyers in the Justice Department are so aghast at the idea that their agency’s efforts are being redirected from addressing the continuing effects of structural racism that Attorney General Jeff Sessions plans to use political appointees and outside lawyers to lead the effort.

Remember that this pronouncement also is in the shadow of a speech Trump gave before police officers in Long Island, New York, in which he encouraged police officers to rough up criminal suspects.

“[W]hen you see these thugs being thrown into the back of a paddy wagon — you just see them thrown in, rough — I said, please don’t be too nice,” Trump told the assembly of law enforcement officers.

Even people in his own administration denounced the speech as inappropriate, as did prominent police chiefs. Later, White House press secretary Sarah Huckabee Sanders dismissed Trump’s comment as a joke.

But in African-American communities around the country, where the drumbeat of stories of police officers using clearly unwarranted deadly force against African Americans continues to reverberate, no one was laughing.

Vice senior editor Wilbert Cooper convincingly took on the black-people-harmed-by-immigration myth in a 2016 essay. Not only is it false that immigration of lower-skilled people harms African-American employment prospects, he wrote that “counter to what Trump and others contend, there’s evidence that immigration can actually help low-skilled blacks get back to work.”

Denver University economist Jack Strauss analyzed a wide breadth of data from metropolitan areas across the US in 2013 to determine whether blacks in particular lose out when it comes to immigration. He found there to be a “one-way causation from increased immigration including Latinos to higher black wages and lower poverty.” In other words, immigration is good for black workers. According to Strauss’s summary of his findings, a “1 percent rise in Latino immigration contributes to a 1.4 percent increase in employment rates among African Americans,” and “for every 1 percent increase in a city’s share of Latinos, African median and mean wages increase by 3 percent.”

The reality is, as Cooper writes, cities like Cleveland and Detroit are working to attract immigrants, because of the impact immigrants have on the overall economic vitality of the communities they make their home.

Jobs Tell The Story

On Friday, the federal government will release an updated picture of the nation’s employment situation. The previous report, covering June, showed that the nation’s unemployment rate was 4.4 percent, and African-American unemployment was 7.1 percent, down significantly from 8.8 percent in June 2016.

The significant decrease in black unemployment is in itself a direct rebuke to the idea that drastic measures to restrict immigration are necessary to lower unemployment rates in African-American communities.

What that progress affirms that economic growth combined with economic justice and fairness is essential to closing the gaps between black, brown and white employment prospects.

What The Nation Needs

What the nation needs is not an assault on immigration, but an assault on the effects of structural racism and economic inequality. Instead of dismantling affirmative action, we need investments in schooling for African-American children that start at preschool – and before.

We need to reinvest in communities that have been left behind by the free-market idolatry of too many state governments and, now, the federal government itself. We need every worker to have a living wage and access to affordable housing.

Above all, we need to end the assaults on the fundamental dignity of African-American people – from the coded reference to “thugs” who need to be roughed up by police to the active exalting by White House officials of the nostrums of white nationalism.

Thanks but no thanks, President Trump. The overwhelming majority of African Americans don’t want your faux paternalism at the expense of our immigrant brothers and sisters.

This blog was originally published at OurFuture.org on August 3, 2017. Reprinted with permission.

About the Author: Isaiah J. Poole is communications director of People’s Action, and has been the editor of OurFuture.org since 2007. Previously he worked for 25 years in mainstream media, most recently at Congressional Quarterly, where he covered congressional leadership and tracked major bills through Congress. Most of his journalism experience has been in Washington as both a reporter and an editor on topics ranging from presidential politics to pop culture. His work has put him at the front lines of ideological battles between progressives and conservatives. He also served as a founding member of the Washington Association of Black Journalists and the National Lesbian and Gay Journalists Association.

Immigrant Nurses Demand Equal Pay—And Win

Thursday, May 11th, 2017

 It started when a few nurses at Temple University Hospital told stewards that they weren’t being paid for their experience.

One of the first to speak up was Jessy Palathinkal, who had become a nurse in India in 1990. She got her U.S. nursing license when she moved here in 1995. But when she started working at Temple, her placement on the pay scale was as though those five years of nursing never happened.

She asked why. Human Resources told her the hospital didn’t count years of experience in foreign countries.

“I was feeling a little bit upset. I had all the certification,” Palathinkal said. “I thought, ‘Well, that’s not right, but what can I do?’”

What Palathinkal did was tell her shop steward. The steward told officers of their union, the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP). And the officers started asking around to see whether anyone else was affected.

They put out a call in their monthly newsletter—did anyone else think that their pay was incorrect for their level of experience? Three more nurses had the same complaint.

Four nurses joined a class-action grievance. Management denied it. That’s when union officers decided this was a hospital-wide issue.

Double standard

Management’s argument was that foreign experience was not comparable to U.S. experience. But the underpaid nurses coming forward had something else in common: they were primarily people of color, mainly from India.

That struck nurse Mary Adamson as unfair. After all, everyone had met the requirements to become a registered nurse in the U.S. “All these people had to take the test, and they passed it,” said Adamson, the union’s membership secretary. “They had the knowledge.”

“Maybe in H.R. they were thinking, because India is a third-world country, maybe they don’t want to take my experience,” Palathinkal said. “I can prove my knowledge and skills here, based on my work in India.”

“They were chipping away at contract language, doing it covertly, and targeting people that they knew would be afraid to speak up,” Adamson said.

An attack on the contract

She and other union officers at Temple saw this pattern of underpayment as an attack on the contract. If members aren’t vigilant, management can underpay nurses in many ways—overtime, shift differential, holiday pay. This was no different.

“Truthfully, their experience is just as valuable as working down the street,” Adamson said. “Health care is health care.”

The officers brought the grievance to the bargaining team, already in contract talks. This wasn’t a question of the difference between nurses trained abroad and those trained in the U.S., they argued—the problem was management not respecting the contract. The union’s 20-member bargaining team agreed to raise the issue in negotiations.

Although it was nothing like 2010, when Temple nurses struck for 28 days, the 2016 contract campaign was vigorous. A hundred nurses packed into bargaining sessions; 1,000 signed petitions for better staffing. The union threatened an informational picket before winning a final contract agreement that included a provision spelling out that foreign nurses’ experience should be treated equally.

Meanwhile the original grievance was headed to arbitration, but at the last minute, management caved and agreed to grant back pay to the original four nurses, in addition to bumping them up to the right place on the wage scale.

Winning clear contract language was a breakthrough, but the fight wasn’t over yet. “That expanded the universe” of nurses who might be affected, Adamson said. At membership meetings the union found more underpaid nurses. Ultimately a dozen were brought up to their correct places on the scale.

Raising consciousness

The whole saga was a new experience for Palathinkal, who had never worked at a union hospital before. At the start, “I didn’t have any knowledge of what I was supposed to do or who was I supposed to talk to,” she said. “I was thinking, ‘This is not going to work.’”

But it did. “The union stood up for me,” she said.

This grievance fight gave union activists a way to get recent hires involved and show them what the union is about. “Not everyone has been through a strike,” Adamson said. “We are constantly trying to raise the consciousness of new people who are coming in.”

Many of the affected nurses have stayed engaged, signing petitions and coming to meetings. “People become more aware of, ‘The boss might be cheating me,’” Adamson said. “Any time we get a win, people are happy about it. It reinforces among the workers that we’re watching.”

This article originally appeared at Inthesetimes.com on May 10, 2017. Reprinted with permission. 

About the Author: Samantha Winslow is a staff writer and organizer with Labor Notes.

Trump’s Immigration Gag Order

Friday, May 5th, 2017

Like many employment lawyers in California, I’ve represented a number of undocumented immigrant workers in lawsuits against their employers. Some of my undocumented clients had been sexually harassed, some discriminated against because of their ethnicity, and some had been denied minimum wages for performing menial work.

Of course, these clients and millions of others are working here in violation of our immigration laws. But once they enter the workplace, they are entitled to all of the legal protections guaranteed their American coworkers. The 14th Amendment protects everyone in the United States, regardless of how or why they are here. So any law whose purpose or effect is to deny workers access to the full protection of our employment laws violates the Constitution.

Although I worry about the slow pace of our journey toward workplace equality, I have more immediate concerns these days. The Trump administration’s anti-immigrant rhetoric and immigration executive order are creating barriers to the justice system for entire communities. If you believe there is a reasonable chance that you or a family member will be deported if you file a civil complaint, or even if you call the police to report a crime, you will be less inclined to complain.

Silencing Crime Victims

Look at what is happening in the criminal justice arena. We are barely 100 days into the Trump administration and already we are measuring its detrimental impact on crime reporting. According to the Los Angeles Police, Latino immigrants in L.A. have suddenly become less willing to report serious crimes. Chief Beck reported that complaints by immigrant Latinos dropped 25 percent in 2017 when compared to the same period last year. Reports of domestic violence fell 10 percent. Beck asked us to “imagine a young woman, imagine your daughter, your sister, your mother,” he said, “not reporting a sexual assault, because they are afraid that their family will be torn apart.” While undocumented families have always lived with the fear of deportation, the current political climate is amplifying those fears.

Reports are coming in from around the country showing a strong correlation between the Trump administration’s immigration policies and a drop in crime reporting in immigrant communities. We know reports of rape and domestic violence against women are chronically underreported for many reasons, including the very real fear that the criminal justice system will fail the victim. Now, under the Trump administration, the very act of reporting any crime to law enforcement has become unbearably more dangerous for millions of immigrant families in America.

Just last month California’s Chief Justice said, “When we hear of immigration arrests and the fear of immigration arrests in our state courthouses, I am concerned that that kind of information trickles down into the community, the schools, the churches. The families and people will no longer come to court to protect themselves or cooperate or bear witness,” she said. “I am afraid that will be the end of justice and communities will be less safe and victimization will continue.” As an employment attorney in California, I share these concerns.

Immigration policies that discourage individuals from reporting crime is bad for America. They cannot be justified on the grounds they are part of broader campaign to find and deport “bad hombres.” More crime victims, including legal residents and American citizens, will remain silent and unprotected, and more perpetrators of crime will go unpunished, because of these policies. Whether Trump’s promised border wall is ever built, his anti-immigrant rhetoric and ICE directives have already constructed formidable barriers within America.

Silencing Employees

When those same immigration policies discourage individuals from reporting violations of employment laws, our workplaces become more dangerous too. Imagine the conversations immigrant families across America will be having about their workplace rights in the coming years. Workers will be forced to decide whether the risks of deportation of themselves or a family member makes it worth challenging wage theft, discrimination, harassment or workplace safety violations. If an undocumented worker complains about the absence of a safety guard on a factory machine or the lack of personal safety devices by filing an OSHA claim or civil lawsuit, she might be arrested and torn away from her American-born children. So, she doesn’t complain, and the workplace protections we have fought for are placed in jeopardy for all.

In the past I have assured undocumented workers that prosecuting employment claims in court likely will not subject them to heightened ICE scrutiny. I continue to believe this to be true today. Although lawsuits are open to the public, they are in practice private affairs that concern only the litigants. Employees are almost never required to step foot near the actual courthouse where their cases are pending. Most cases settle out of court and are subject to confidentiality. The immigration status of the employee is deemed by law to be entirely irrelevant and non-discoverable in almost every employment case.

Trump’s deportation directives will not change the way employment lawsuits are resolved, whether they involve citizens, legal residents or undocumented immigrants. But his threats of deportation, coupled with stories of immigrant arrests in halls of justice across America, will make it far less likely that an undocumented immigrant will complain to anyone about working conditions.

Fewer immigrant workers will file employment-related claims during the Trump years, and not just those who are undocumented. In sanctuary cities like San Francisco where I practice law, the impact is not likely to be as great as elsewhere. In communities that support the Trump immigration agenda and accept his immigrant narrative, however, the fear of deportation is likely to keep a lot more workers quiet. And we know from long experience that any governmental policy designed to silence complaints about working conditions is not in our national interest.

About the Author: Patrick Kitchin is a labor rights attorney with offices in San Francisco and Alameda, California. He has represented thousands of employees in both individual and class action cases involving violations of California and federal labor laws since founding his firm in 1999. According to retail experts and the media, his wage and hour class actions against Polo Ralph Lauren, Gap, Banana Republic, and Chico’s led to substantial changes in the retail industry’s labor practices in California. Patrick is a 1992 graduate of The University of Michigan Law School and is personally and professionally committed to the protection of workers’ rights everywhere.

On May Day, Working People Across Borders Are United to Build Power

Monday, May 1st, 2017

Throughout North America and globally, May 1 is a day to remember and respect workers’ rights as human rights. As working people take to the streets in communities around the world, a quieter but equally important movement of workers on both sides of the United States–Mexico border has been growing.

Whatever language we speak and wherever we call home, working people are building power, supporting labor rights and fighting corruption—and we’re doing it together.

Our agenda is simple. We oppose efforts to divide and disempower working people, and we oppose border walls and xenophobia anywhere and everywhere. We want trade laws that benefit working people, not corporations. And we want economic rules that raise wages, broaden opportunity and hold corporations accountable.

Nearly 20 years ago, many independent and democratic Mexican unions began an alliance with the AFL-CIO.

We’ve developed a good working relationship. We’ve engaged in important dialogue and identified shared priorities. Now we are ready to take our solidarity to the next level, turning words into deeds and plans into action.

You see, we believe no fundamental difference exists between us. We share common values rooted in social justice and a common vision of the challenges before us.

The corporate elite in the United States and Mexico have been running roughshod over working people for too long. Corporate-written trade and immigration policies have hurt workers on both sides of the border.  We each have experienced the devastation caused by economic rules written by and for the superrich.

Those of us in the United States can see how unfair economic policies have destroyed Mexico’s small farms and pushed many Mexicans to make the perilous trek north or settle in dangerous cities. Many in Mexico are worried about their own families, some of whom might be immigrants in the United States today. Workers in the United States share their concern, especially as anti-immigrant sentiment has become disturbingly mainstream.

The truth is more and more politicians are exploiting the insecurity and pain caused by corporate economic rules for political gain by stoking hatred and scapegoating Mexicans and other Latin American immigrants.

We will not be divided like this. Workers north and south of the border find the idea of a border wall to be offensive and stand against the criminalization of immigrant workers. We need real immigration reform that keeps families together, raises labor standards and gives a voice to all workers.

Instead of erecting walls, American and Mexican leaders should focus on rewriting the economic rules so working people can get ahead and have a voice in the workplace. One of our top priorities is to transform trade deals like the North American Free Trade Agreement into a tool for raising wages and strengthening communities in both countries.

We’re outraged by the kidnapping and murder of the 43 students from the Ayotzinapa Rural Teachers’ College, as well as too many other atrocities to list.

America’s unions are democratic in nature and independent of both business and government, but that’s mostly not true in Mexico. A key step in ending violence and impunity in Mexico and raising wages and standards on both sides of the border is to protect union rights and the freedom of association in Mexico.

We’re united. We’re resolute. We are ready to win dignity and justice for all workers.

This blog was originally posted on aflcio.org on May 1, 2017. Reprinted with permission.

Richard L. Trumka is president of the 12.5-million-member AFL-CIO. An outspoken advocate for social and economic justice, Trumka is the nation’s clearest voice on the critical need to ensure that all workers have a good job and the power to determine their wages and working conditions. He heads the labor movement’s efforts to create an economy based on broadly shared prosperity and to hold elected officials and employers accountable to working families.

Thanks to Obama, immigrants are getting better jobs

Tuesday, October 18th, 2016

The vast majority of undocumented immigrants who have been given the temporary ability to legally work in the United States are currently employed or attending school—helping them make “significant contributions” to various labor markets—according to a national survey released Tuesday by immigrant advocacy groups.

The survey took a look at 1,308 people who received legal work authorization and deportation relief through the Deferred Action for Childhood Arrivals (DACA) initiative, an 2012 executive action from the Obama administration aimed at assisting undocumented immigrants who grew up here in the United States.

According to the report, 95 percent of survey respondents are currently employed or enrolled in school. And nearly two-thirds of them reported receiving better pay under DACA, with almost half saying they found a job that “better fits my education and training.” Others said they now have a job with better working conditions.

The report also found that DACA recipients have gone into industries like educational and health services, nonprofit work, wholesale and retail trade, and professional and business services. Close to 6 percent of respondents started their own businesses—twice as high as the entrepreneur rate among the general American public.

The impact of DACA recipients on the U.S. economy has been enormous. Average hourly wages for DACA recipients have gone up by 42 percent, roughly an increase from $9.83 per hour to $13.96 per hour, according to the survey. More than half of all respondents said they recently purchased their first car, while 12 percent purchased their first home.

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Sigifredo Pizana Hernandez, of Grand Rapids, Michigan, attends the “Rally for Citizenship” on Capitol Hill in Washington, Wednesday, April 10, 2013, where tens of thousands of immigrants and their supporters are expected to rally for immigration reform. CREDIT: AP Photo/Jacquelyn Martin

“These large purchases [of vehicles] matter for state revenue, as most states collect between 3 percent and 6 percent of the purchase price in sales tax, along with additional registration and title fees,” study authors wrote. “The added revenue for states comes in addition to the safety benefits of having more licensed and insured drivers on the roads.”

The survey was conducted by UC San Diego Professor Tom Wong, the advocacy group National Immigration Law Center (NILC), the immigrant rights group United We Dream, and the think tank Center for American Progress. (Disclosure: ThinkProgress is an editorially independent website housed within the Center for American Progress.)

This survey echoes findings from a similar report conducted last year, which found that DACA recipients were able to get jobs that better matched their skills and that paid them better wages.

This research helps present a clearer understanding about the impact of the DACA initiative, which from its inception has received sharp criticism from Republicans who say the policy is a show of President Obama’s “executive amnesty overreach.” In fact, Obama’s actions are legal and based on a decades-old legal precedent for the executive branch to exercise prosecutorial discretion for some immigrants who have “non-priority enforcement status.”

About 741,546 undocumented immigrants have benefited under DACA as of mid-September, according to the latest U.S. Citizenship and Immigration Services (USCIS) data.

However, GOP presidential nominee Donald Trump—who typically refers to immigrants in disparaging terms and has promised to build a wall between the United States and Mexico—has indicated that he would dismantle the DACA initiative altogether if he becomes president.

This blog was originally posted on ThinkProgress on October 18, 2016. 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.

Supreme Court Should Approve Policies that Will Provide Much-needed Relief to Immigrant Working Families

Wednesday, January 20th, 2016

Richard L. TrumkaWe applaud the Supreme Court’s decision to take up the DAPA and expanded DACA case, which will have profound consequences for our immigrant brothers and sisters who live and work every day under a cloud of fear, as well as for the state of racial and economic justice in our country. We are confident the court will reverse the decision of the 5th U.S. Circuit Court of Appeals and allow the Deferred Action for Parents of Americans and expanded Deferred Action for Childhood Arrivals policies to go into effect, affording millions of people the opportunity to apply for work authorization and temporary protection from deportation. We encourage the Department of Homeland Security to take all steps necessary to ensure these much-needed policies can be implemented as soon as possible after the court issues its decision this summer.

At a time when working people feel increasingly disposable and deportable, when corporations are allowed to profit from the mass imprisonment of people of color, when our government is rounding up refugee families from their beds at night, and when we are confronting at so many levels the racial bias deeply entrenched in our laws and their enforcement, the outcome of this case will have a significant impact on the direction our nation takes moving forward.

At heart, the question the Supreme Court will consider is whether our immigration enforcement regime will be allowed to take modest steps to begin to protect and empower hardworking people, or whether it will continue to serve as a tool to exclude and oppress.

Much is at stake in this case, but working people do not need a court ruling to tell them what is just. In the face of criminalization, exploitation and base attempts to sow division, we will continue to work in every community in the country to build what we believe is the only true antidote: solidarity.

This blog originally appeared in aflcio.org on January 19, 2016. Reprinted with permission.

Richard Trumka is the president of AFL-CIO, the largest organization of labor unions in the country.  He is an outspoken advocate for social and economic justice.  Trumka heads the labor movement’s efforts to create an economy based broadly on shared prosperity and to hold government and employers accountable to working families.

Ship Builder Settles $5 Million Lawsuit After Forcing Indians To Work And Live in Awful Conditions

Friday, December 18th, 2015

EstherYuHsiLeeA ship building and repair company will pay $5 million to settle a U.S. Equal Employment Opportunity Commission (EEOC) race and national origin discrimination lawsuit with 476 Indian guest workers who worked at the company’s facilities after hurricanes Katrina and Rita. While Indian workers lived in squalid containers “the size of a double-wide trailer,” non-Indian workers were not subjected to the same conditions.

According to the lawsuit, Signal International recruited Indian guest workers through the federal H-2B guest worker program to work at its facilities in Texas and Mississippi and forced them to pay to live in deplorable conditions. In its lawsuit, the EEOC alleged that Signal forced “the men to pay $1,050 a month to live in overcrowded, unsanitary, guarded camps. As many as 24 men were forced to live in containers the size of a double-wide trailer, while non-Indian workers were not required to live in these camps.”

H-2B visas are generally used for low-skilled or seasonal work, which are valid for ten months, with the chance to extend visa renewals up to three years. As part of the visa program, employees should be reimbursed for the consulate interview fee, visa fee, border crossing fee, and transportation costs associated with obtaining their H-2B visas. Employees aren’t always reimbursed for the H-2 visa process. They are also tied to the employers during their stay in the United States.”

“We are very pleased Signal has accepted responsibility for its wrongdoing and that these workers, who have waited 10 long years for justice, will now receive compensation and can move on with their lives,” Delner Franklin-Thomas, district director for EEOC’s Birmingham District, said in a statement. “In many cases, these men paid thousands of dollars to come to the United States, only to be subjected to inhumane conditions and exploitation after they arrived.”

An estimated 66,000 H-2B visas are distributed on an annual basis. But employers often us the H-2 visa programs to take advantage of legal guest workers. An Economic Policy Institute study found that temporary legal guest workers are as likely to be subjected to low wages as undocumented workers.

The $1.1 trillion omnibus funding bill passed Friday included a provision to dramatically increase the number of H-2B visas. The AFL-CIO and the International Labor Recruitment Working Group criticized the visa provision because it could potentially roll back “protections for low-wage workers and guest workers… while lowering the protections for workers,” Joleen Rivera, a legislative representative at the AFL-CIO, said.

Still, the 476 Indian guest workers are not the only exploited workers from hurricanes Katrina and Rita. Some undocumented immigrant laborers helping to rebuild the Gulf Coast after Hurricane Katrina were threatened with deportation and were often unpaid for the work they did.

This blog was originally posted on ThinkProgress on December 18, 2015. Reprinted with permission.

About the Author: The author’s name is Esther Yu-Hsi Lee. 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.

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