Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘deportation’

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

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.

We Rise: Building Immigrant Working People Power

Wednesday, November 25th, 2015

Richard TrumkaA year ago the president announced a series of executive actions on immigration. Today is a fitting time to honor those who compelled him to act.

Around the country, courageous working people demanded an end to the deportation regime that was tearing communities, families and workplaces apart. They shut down detention centers, turned around buses, and spoke truth to power?—?all at great personal risk. They banded together to prevent the deportation of community members and loved ones who were in removal proceedings, and they won many cases. These brave actions and the determined clamor for #Not1More deportation led to the announcement of the historic deferred action program that will allow millions of parents to live and work without fear.

Communities around the country also rejected the notion that their local law enforcement officials should serve as agents of the federal immigration enforcement machinery. They had important discussions about due process and constitutional protections. Over time, more than 300 jurisdictions enacted ordinances declaring that they would focus their resources on effective community policing and place reasonable limits on their cooperation with the U.S. Immigration and Customs Enforcement (ICE). This groundswell thoroughly discredited the Secure Communities program, a federally run program launched in 2008, and resulted in its termination in 2014.

These examples inspire us, and they also show us the playbook for how you make change in the nation’s capital— you force it from the ground up. Today as we confront legal and legislative obstruction and the rebranding of failed enforcement policies, the question we should all be asking is what do we push for next?

For the labor movement, the answer is simple. We know that every worker in our country has rights, and we want each worker to be able to exercise those rights, regardless of immigration status.

While this may sound like a simple idea, we are a long way from that reality now. The sad truth is that employers routinely hire undocumented workers with a wink and a nod and then fire them when they seek to organize a union or complain about unpaid wages or unsafe working conditions. And when new immigrants muster the courage to stand in a picket line, join a boycott, or negotiate for fair compensation, employers are still able to retaliate in ways that can set deportation proceedings in motion.

This is just not right; it’s an #Injury2All and the wages and standards for all working people in our country suffer as a result of these efforts to keep immigrant workers scared and silent. Here in Washington, we have been talking for years to Congress and the administration about the need to fix these problems, but we have yet to see the concrete changes that our nation’s workers so urgently need.

So we see this anniversary as an important opportunity to sound a new call to action. We intend to take our demands for basic worker protections to every community and every immigration office in the country. Our unions and allies will raise workers’ cases from many sectors of our economy and make clear that we cannot reasonably expect to end wage theft and exploitation without protecting those workers with the courage to take a stand.

From Chicago to Los Angeles to Austin and everywhere in between, our movement reaffirms what we have long understood, that an injury to one worker is an injury to all. Our federal agencies have the discretion to provide concrete protections to workers who exercise their most fundamental rights, but it is up to us to make them act.

Polite conversations in Washington aren’t working. These changes will only come if we demand them, from the ground up. Working people are ready for this fight, and it will be coming soon to a community near you.

We will keep pushing forward to demand what is just. Please join us.

This blog was originally posted on Daily Kos on November 20, 2015. Reprinted with permission.

About the Author: Richard L. Trumka was elected AFL-CIO president in September 2009. He served as AFL-CIO secretary-treasurer since 1995.

Why the Dubai Strike Matters

Wednesday, June 5th, 2013

Michelle ChenFrom a distance, Dubai shines like an oasis of modernity in in the desert, with its glass towers and opulent hotels. Beneath the glittering surface, however, lies an underbelly of indentured servitude. The city-state’s brutal labor system was abruptly exposed last month when workers finally threw down their tools to demand fair pay and working conditions.

Thousands of employees at the United Arab Emirates-based construction firm Arabtec went on strike on May 19, calling for wage increases in an unprecedented act of rebellion under a notoriously authoritarian government. According to Reuters, the UAE Labor Ministry announced that it was working closely with Arabtec to suppress the protests. Some 200 protesters were taken into custody in response to the four-day strike, and many were reportedly threatened with deportation or arbitrarily terminated.

The illegal work stoppage was a rare demonstration of outrage by the migrant workers lured by the UAE’s mirage of prosperity.

The Gulf region’s renowned economic growth model runs on the sweat of workers from India, Bangladesh and other Asian countries, who do construction and domestic work in virtually unregulated workplaces without real human-rights or labor protections. The migrant contract laborers in the Emirates and other Gulf States are subjected routinely to exploitation and brutality at the hands of employers. According to Human Rights Watch, labor abuses in the UAE include “unsafe work environments, the withholding of travel documents, and low pay or nonpayment of wages,” as well as physical and sexual violence.

Sharan Burrow, general secretary of the International Trade Union Confederation, a global labor coalition that has long criticized the UAE’s labor policies, tells In These Times via email:

The Gulf states are slave states for workers. There is no freedom of association and therefor workers cannot join a union. It is beyond belief that in the 21st century that a nation can believe it is ok to treat migrant workers as less than human. The conditions are extreme with long hours, dreadful heat, poverty wages and shocking mental and at times physical abuse.

With typical monthly earnings of less than $200—compared to a UAE mean monthly income of nearly $5,000—many Arabtec workers had little to lose by striking. The strike was also a measure of how desperate workers have become in recent years as Dubai’s breakneck construction boom has declined, but not the hopes of masses of migrants who flock to construction sites to earn relatively high wages to remit to their families back home. Many have been taken in by shady labor agencies that load them with heavy debt and false promises.

Syed Khaled, a construction worker from Bangladeshi who says he worked without a raise for nine years and was denied annual leave for three, told Al Jazeera:

We live with five men to a room and 40 or 50 men share a bathroom. There is a big line for the bathroom in mornings before work. The company is very cruel so going on strike is a good idea. I currently earn 8,000 Bangladeshi taka ($102) per month. In Bangladesh for this work I can earn 10,000-15,000 taka ($128- $192) per month, easily, but the work is far from my home and it isn’t steady, maybe work one month and no work for two months.

Mohamed Ashraf, a veteran scaffolding installer also from Bangladesh, recounted in an interview with Al Jazeera that workers had earned paltry wages and been denied food rations. Now, he and other employees had received termination letters following the strike “for no specific reason,” and some coworkers had gotten deportation orders. He doubted the workers would fare better even if they organized because, “If we formed a union and we had a leader, he would take our problems to management and they would just deport the leader.

For years, luxury and oppression have gone hand in hand in the booming Gulf economies. The state-affiliated Abu Dhabi Tourism and Development and Investment Company faced international criticism in 2009 when the Guggenheim Museum and Louvre planned to establish branches on a luxury development site known as Saadiyat Island. A campaign led by artists and human rights activists called on the world-class art institutions demand a commitment from Abu Dhabi authorities to respect international labor standards. Despite promises to strengthen labor regulations on the site, labor groups say the UAE generally continues to enable the systematic abuse of migrants.

“We have offered to work with these [Gulf State] governments if they will commit to rights and major companies are willing to help end the system of enslavement. The silence is deafening,” Burrows says.

While UAE companies rebuff international pressure, industrial action from workers might spur a labor crisis from below, as aggrieved workers feel compelled to take direct action despite the legal risks. According to Rima Kalush, a migrants’ rights advocate with the activist network Mideast Youth, the uprising suggests that despite the crackdown, the strike showed that when facing crisis, migrants could find ways to band together and leverage their collective power:

Both governments and employers (a distinction difficult to make in some cases) feel empowered to subject migrant workers to low wages and poor conditions because they are easily replaceable. But this ‘advantage’ has occasionally been overcome when a large number of migrant workers strike on large-scale project; delays in construction or the provision of services cannot always be tolerated, and in some cases strikes end with some concessions to migrants’ demands. Strikes are really the only form of collective bargaining migrants have at their disposal as they are not allowed to unionize.

From an employers’ perspective, the threat of deportation is an ideal tool for terrorizing workers. Physically removing troublemakers from the country en masse can easily quash a nascent labor movement, particularly for migrants who are already disenfranchised. But the cycle of migration and exile can have a radicalizing effect, as well–as we’ve seen in global campaigns to champion international labor standards for migrant domestic workers and in labor advocacy led by exploited “guest workers” in the U.S. As the human analog to the globalization of capital, migration might expose workers to abuse but might also expand class consciousness, by drawing an ever-widening diaspora into a transnational experience of oppression. Sooner or later, Dubai authorities may realize that for each unruly laborer they kick out, a new migrant enters a workforce that grows more bitter, and more defiant, by the day.

This article was originally printed in Working In These Times on June 3, 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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