back to ISN home page
Joint Statement of MALDEF and LULAC
October 29, 2003
Urge Congress to pass S. 1645
from:
http://www.maldef.org/pdf/AGJobsbill.pdf
Mexican American Legal Defense and Educational Fund
1717 K St.NW, Suite 311
Washington, D.C. 20036
(202) 293-2828
(202) 293-2849 FAX
League of United Latin American Citizens
2000 L Street NW, Suite 610
Washington, DC 20036
(202) 833-6130
(202) 833-6135 FAX
MALDEF AND LULAC SUPPORT AGRICULTURAL JOB OPPORTUNITY, BENEFITS, AND SECURITY ACT OF 2003, WITH CONCERNS:
Although MALDEF and LULAC urge Congress to pass S. 1645, the bipartisan Agricultural JOBS Bill, and finally legalize and stabilize the hardworking migrant agricultural workforce that keeps our agricultural sector competitive, we have grave reservations about the guest worker component of this bill.
The legalization component of S. 1645 appropriately permits America’s hard-working immigrant farm labor force to come out of the shadows and will stabilize the workforce in this important sector of our economy. This bill would break the mold of ineffective migrant worker legislation, which has been based upon the premise that workers are only temporary visitors, even when employers hire them to work in the U.S. agricultural sector year after year.
A temporary-only model has led to serious labor abuses, primarily affecting hard-working Latino agricultural workers. S. 1645 would create a new legalization program for those who have been working in America’s agricultural sector. Current workers must prove they worked in agricultural employment in the U.S. the lesser of 575 hours or 100 work days, during any 12 consecutive months in the 18 months preceding August 31, 2003. About 500,000 – 900,000 currently undocumented agricultural workers could apply for a permanent visa if they commit to continue working in agriculture. Legalizing the agricultural work force will ensure that it is finally stabilized, which in the U.S. national interest.
The new S. 1645 procedures would permit current agricultural workers to legalize their situation and earn a green card by continued work in the agricultural sector for three more years. Immigrant agricultural workers would start off with a new type of worker visa, under which they would be treated as immigrants instead of temporary workers whose status is tied to a particular employer. During the next six years, these agricultural workers would have the right to negotiate their own employment contracts with any employer who chooses to hire them, the right to bring their immediate family members to join them, the right to travel, and the same labor rights as other immigrants. They would also have the opportunity to adjust to permanent status if they work for three more years in the agricultural sector (those three years would have to occur during the next six years).
That the Agricultural JOBS Bill provides a path to permane nt legalization is essential –
this is the only way to guard against the type of labor rights abuses that have adversely
affected the mostly-Latino temporary and undocumented agricultural workforce. Hardworking immigrants who contribute to our economy deserve the chance to earn permanent legal status. The current system is broken, creating a situation in which a substantial part of the current agricultural workforce is undocumented. The worst exploitation is directly related to the uncertain legal status of agricultural workers. Providing the chance to become legal permanent residents is the only way to ensure that agricultural workers will not continue to be marginalized.
America depends upon these hard working farm workers, and our agricultural sector would collapse without their contribution.
MALDEF and LULAC are also pleased that this bipartisan bill will provide for family
unity, and put an end to the devastating impact of separating migrant farm workers from
their families. As long as American growers depend upon their labor, America’s farm workers deserve the basic dignity of family unity. The Agricultural JOBS bill would permit the new immigrant agricultural workers to sponsor their spouses and children for dependent visas. This means that qualifying current agricultural workers could be with their families while they earn legalization over the coming years. Later, if they qualify for adjustment of status by working for three more years in agriculture, they could sponsor their immediate family members to adjust to
permanent legal status as well.
# # # # # # # # # # # #
MALDEF and LULAC are concerned that S. 1645 would continue the H2A guest worker program, which if widely-utilized, will only exacerbate problems that have existed in the past.
We hope that the new agricultural workers program, discussed above, will stabilize the work force and serve growers’ needs sufficiently such that growers will not import temporary workers.
The guest worker or H2A section of the bill provides some key wage and labor protections, including the right to enforce them in federal court—but certain compromises were made, which should be carefully monitored to ensure that the intended labor protections are fully implemented over the coming years.
While H2A wages would be determined by the greatest of prevailing wage, adverse effect wage rate and minimum wage formulas, the adverse effect wage rate would be frozen for three years.
During those three years, Congress and the GAO must study the matter. MALDEF and LULAC urge that these data collection and analyses processes must be serious, investigative, and implemented to ensure against any future abuses of guest worker rights to equal wages, and concurrent U.S. worker rights to decent wages not adversely affected.
In particular, there is a serious question whether the freezing of wages will exert a downward pressure on the wages of legalized permanent workers and other citizen workers in the industry.
Also, housing and transportation could be provided by allowances under the bill. This must be monitored to ensure that the allowances are appropriate and that the conditions of housing and transportation are adequate. Another compromise is that the Department of Labor certification process, in which jobs were reviewed in advance to ensure against driving down conditions for everyone, has been replaced with an attestation process.
Under the S. 1645 attestation provisions, potential employers of H2A workers must file an application with the Secretary of Labor with assurances that the employer will comply with H2A labor standards, including wage protections, non-displacement, non-retaliation, housing and transportation provisions, and new collective bargaining provisions. Compliance with these requirements, however, is not monitored.
We urge Congress to ensure access to monitoring H2A labor and wage conditions by interested organizations. MALDEF and LULAC very pleased that the bill contains a new private right of action to enforce migrant labor rights in federal court, that there are federal administrative complaint procedures by both Labor and Homeland Security, and that federal legal aid may provide services to H2A workers.
In order to fully ensure these rights, we urge Congress and the federal government must take all measures necessary to effectively guarantee access to counsel to migrant workers, who are isolated and hesitant to complain, with their temporary visas dependent upon their job.
In this context, effective access to counsel also means ensuring funding for federal legal aid to provide services. Expedited processes should also be adopted to ensure effective administrative procedures. Federal court procedures should also be streamlined to ensure access to justice.
Alternative dispute resolution should also be considered.
Despite these concerns raised by the compromises, we support the Agricultural JOBS Bill.
The legalization component of this legislation should serve as a model for mending our broken immigration system by providing hard-working immigrants with a real opportunity to earn permanent legal status. Family unity and labor rights should also be ensured under this law, and it is a very good first step towards the comprehensive immigration reform called for by a broad coalition of business and labor, churches, immigration and Latino groups. The H2A model in this bill should in no way be considered a precedent for a similar guest worker program in other industries. Most migrant farm workers work well beyond one season, and they deserve the opportunity to legalize.
# # # # # # # # # # # #
MALDEF (Mexican American Legal Defense and Educational Fund) is a national, nonprofit, nonpartisan organization that has been defending the civil rights of Latinos for nearly 35 years.
For questions or further information, call Katherine Culliton, Immigrants’ Rights
Attorney, in our D.C. Office, (202) 293-2828 x14.
# # # # # # # # # # # #
LULAC (League of United Latin American Citizens) is the oldest and largest grass-roots Latino civil rights organization in the United States.
For questions or further information, call Dr.
Gabriela Lemus, Director of Policy and Legislation, in our D.C. Office, (202) 833-6130.
# # # # # # # # # # # #
back to ISN home page
back to actionla.org
|
