Category Archives: immigration

Facebook settles federal lawsuit over allegations it favored foreign workers

Posted on by

From today’s NPR News Online:

Facebook is paying a $4.75 million fine and up to $9.5 million to eligible victims to resolve the Justice Department’s allegations that it discriminated against U.S. workers in favor of foreigners with special visas to fill high-paying jobs.

Facebook also agreed in the settlement announced Tuesday to train its employees in anti-discrimination rules and to conduct more widespread advertising and recruitment for job opportunities in its permanent labor certification program.

The department’s civil rights division said the social network giant “routinely refused” to recruit, consider or hire U.S. workers, a group that includes U.S. citizens and nationals, people granted asylum, refugees and lawful permanent residents, for positions it had reserved for temporary visa holders.

Facebook sponsored the visa holders for “green cards” authorizing them to work permanently. The so-called H-1B visas are a staple of Silicon Valley, widely used by software programmers and other employees of major U.S. technology companies.

Critics of the practice contend that the foreign nationals will work for lower wages than U.S. citizens. The tech companies maintain that’s not the case, that they turn to foreign nationals because they have trouble finding qualified programmers and other engineers who are U.S. citizens.

“In principle, Facebook is doing a good thing by applying for green cards for its workers, but it has also learned how to game the system to avoid hiring U.S. tech workers,” said Daniel Costa, director of immigration law and policy research at the liberal-leaning Economic Policy Institute. “Facebook started lobbying to change the system more to its liking starting back in 2013 when the comprehensive immigration bill that passed the Senate was being negotiated.”

The settlement terms announced Tuesday are the largest civil penalty and back-pay award ever recovered by the civil rights division in the 35-year history of enforcing anti-discrimination rules under the Immigration and Nationality Act, officials said. The back pay would be awarded to people deemed to have been unfairly denied employment.

Read the complete story here.

Families Of Undocumented Workers Lost On 9/11 Search For Closure

Posted on by

From today’s NPR News Online:

For a brief moment, on the morning of Sept. 11, 2001, Teresa Garcia thought she’d seen a ghost.

She was in her office in midtown Manhattan, watching the news of the attacks on the World Trade Center, when he walked in.

“He was covered with dust. All white dust. And we couldn’t even recognize him,” Garcia says, recalling that day. “But he talked to my coworker and he said ‘Esperanza.’ And she said, ‘Chino, is that you?’ “

Garcia works at Asociacion Tepeyac de New York, a non-profit that assists mostly Latino immigrants with English language skills, legal aid and tax assistance.

The man who walked in, Chino, was an undocumented immigrant. Garcia is using only nickname to protect his identity. He had been heading over to start his shift at a restaurant at one of the towers, when the first plane hit. In shock, he made his way to Asociacion Tepeyac, to see Garcia and her colleague Esperanza Chacon.

“He came over to her (Esperanza),” Garcias says, “and he embraced her, and they started crying.”

Little by little, dozens of workers started filing into Tepeyac’s offices, looking for comfort among friends. But what stood out were those who were missing, their friends who worked as cooks and cleaners, at or near the World Trade Center.

The workers who’d gathered at Tepeyac started compiling a list, which in the next few days grew to 700 missing people. Almost all immigrants, many undocumented.

That list was important. In order to get financial or medical aid, New Yorkers or their families had to prove they worked at or near ground zero and that they were affected by the attack. Knowing who was there also would allow families to mourn, to bring closure.

Read the complete story here.

California pays homage today to another American hero with a complex legacy

Posted on by

From today’s Los Angeles Times:

Let me tell you about an American hero whom the San Francisco Unified School District Board of Education might find, um, troublesome.

Cesar Chavez stands surrounded by reporters.

He opposed undocumented immigrants to the point of urging his followers to report them to la migra. He accepted an all-expenses-paid trip from a repressive government and gladly received an award from its ruthless dictator despite pleas from activists not to do so.

He paid his staff next to nothing. Undercut his organization with an authoritarian style that pushed away dozens of talented staffers and contrasted sharply with the people-power principles he publicly espoused. And left behind a conflicted legacy nowhere near pure enough for today’s woke warriors.

A long-dead white man? A titan of the business world? Perhaps a local politician?

Try Cesar Chavez. The United Farm Workers founder is the first person I always think about whenever there’s talk about canceling people from the past. He’s on my mind again, and not just because this Wednesday is his birthday, an official California holiday.

On Jan. 27, the San Francisco school board voted to rename 44 schools that it felt honored people who didn’t deserve the homage. Some of the condemned make sense — Father Junipero Serra, for instance, or Commodore John Sloat, the Navy officer who conquered California in the name of Manifest Destiny. Others are worthy of debate. Should we really champion Thomas Jefferson, the writer of the Declaration of Independence who also fathered multiple children with his slave, Sally Hemings? Or John Muir, the beloved naturalist who didn’t think much of Black and Indigenous people?

The board’s move was rightfully met with disbelief and derision. In a year when parents are clamoring for schools to reopen, this is what board members spent their time on? And are kids really harmed if they attend a school named after Robert Louis Stevenson or Paul Revere?

Which brings us back to Chavez, the revered labor leader whose bust President Biden recently put on prominent display behind his desk in the Oval Office. On Wednesday, First Lady Jill Biden will travel to Delano, Calif., to celebrate the state holiday with the Cesar Chavez and United Farm Workers foundations, her office announced over the weekend.

Read the complete article here.

J-1 Visa Recipients Stuck in US during Pandemic Are Demanding Their Rights

Posted on by

From today’s The Nation Magazine Online:

By mid-March, Mars was starting to worry. The 27-year-old was living and working in Little Rock, Ark., where the mayor had just imposed a midnight curfew. Restaurants and shopping malls were beginning to be shuttered. On March 20, Arkansas recorded the state’s biggest one-day spike in Covid-19 cases since the outbreak began.

Mars is from the Philippines, and he came to the United States last year on a visa called the J-1. Technically, his J-1 visa is meant for “trainees”; by March, he was eight months into a year-long work placement at a well-known hotel chain where he was supposed to be receiving management training. (He and the other workers interviewed for this story asked The Nation not to publish their last names or the names of their workplaces for fear of retaliation.) To get that position, which paid $11 an hour, Mars had to pay $10,000—plus a $7,000 bond—to a recruiting agency in the Philippines, which then arranged the placement through the State Department’s J-1 Visa Exchange Visitor Program. He arrived in Little Rock in debt. 

Mars had been keeping tabs on the hotel’s occupancy rate, noting the rising number of cancellations. When he raised concerns to the HR department on March 19, they assured him that the hotel staff would weather the crisis as a team. Three days later, HR handed him a termination letter.

I didn’t know what to do,” Mars told me. “I felt betrayed.”

Mars became one of thousands of J-1 visa program participants—many of them from the Philippines—who have been effectively stranded in the United States after losing their positions because of Covid-19. They may be unable or unwilling to return home. Many paid thousands of dollars in fees to get here, and some worked only a few days or weeks before being laid off. The stakes are especially high for Filipino recipients; remittances sent home by overseas Filipinos keep an estimated 10 million Filipino families afloat. J-1 workers also face a hurdle that other overseas Filipino workers, or OFWs, do not: Neither the US nor the Philippine government considers them workers.

The J-1 is officially a cultural exchange visa, admitting 300,000 people into the United States each year. Despite little employer accountability and no Labor Department oversight, J-1 visa recipients have increasingly been used to fill US employers’ labor needs in hospitality, teaching, and other fields.  The Philippine government, similarly to the US State Department, classifies J-1 participants as study abroad students, rather than overseas workers. Yet US government oversight agencies, labor advocacy nonprofits, and grassroots organizations argue that the visa program functions as an unregulated pipeline for temporary migrant labor and props up US industries like hospitality and tourism. At its worst, the program creates the conditions for human trafficking.  

Read the complete article here.

Trump Halts New Green Cards, but Backs Off Ban for Migrant Workers

Posted on by

From today’s New York Times:

After pledging on Twitter to end immigration during the pandemic, President Trump moved to block new green cards but stopped short of ending all work visas.

President Trump said on Tuesday that he would order a temporary halt in issuing green cards to prevent people from immigrating to the United States, but he backed away from plans to suspend guest worker programs after business groups exploded in anger at the threat of losing access to foreign labor.

Mr. Trump, whose administration has faced intense criticism in recent months for his handling of the coronavirus crisis, abruptly sought to change the subject Tuesday night by resuming his assault on immigration, which animated his 2016 campaign and became one of the defining issues of his presidency.

He cast his decision to “suspend immigration,” which he first announced on Twitter Monday night, as a move to protect American jobs. But it comes as the United States economy sheds its work force at a record rate and when few employers are reaching out for workers at home or abroad. More than 22 million Americans have lost their jobs in the economic devastation caused by the virus and efforts to contain it.

Mr. Trump said that his order would initially be in effect for 60 days, but that he might extend it “based on economic conditions at the time.”

While numerous studies have concluded that immigration has an overall positive effect on the American work force and wages for workers, Mr. Trump ignored that research on Tuesday, insisting that American citizens who had lost their jobs in recent weeks should not have to compete with foreigners when the economy reopens.

Read the complete article here.

Fashion Nova’s Secret: Underpaid Workers in Los Angeles Factories

Posted on by

From today’s New York Times:

Fashion Nova has perfected fast fashion for the Instagram era. The mostly online retailer leans on a vast network of celebrities, influencers, and random selfie takers who post about the brand relentlessly on social media. It is built to satisfy a very online clientele, mass-producing cheap clothes that look expensive.

“They need to buy a lot of different styles and probably only wear them a couple times so their Instagram feeds can stay fresh,” Richard Saghian, Fashion Nova’s founder, said in an interview last year.

To enable that habit, he gives them a constant stream of new options that are priced to sell. The days of $200 jeans are over, if you ask Mr. Saghian. Fashion Nova’s skintight denim goes for $24.99. And, he said, the company can get its clothes made “in less than two weeks,” often by manufacturers in Los Angeles, a short drive from the company’s headquarters.

That model hints at an ugly secret behind the brand’s runaway success: The federal Labor Department has found that many Fashion Nova garments are stitched together by a work force in the United States that is paid illegally low wages. Los Angeles is filled with factories that pay workers off the books and as little as possible, battling overseas competitors that can pay even less. Many of the people behind the sewing machines are undocumented, and unlikely to challenge their bosses.

“It has all the advantages of a sweatshop system,” said David Weil, who led the United States Labor Department’s wage and hour division from 2014 to 2017.

Every year, the department investigates allegations of wage violations at sewing contractors in Los Angeles, showing up unannounced to review payroll data, interview employees and question the owners.

In investigations conducted from 2016 through this year, the department discovered Fashion Nova clothing being made in dozens of factories that owed $3.8 million in back wages to hundreds of workers, according to internal federal documents that summarized the findings and were reviewed by The New York Times.

Read the complete article here.

Why does Congress allow contractors to exploit immigrants in detention?

Posted on by

From today’s New York Times:

There are more than 48,000 people being held in immigrant detentionin more than 200 facilities in the United States. More than two-thirds of them, according to the National Immigrant Justice Center, are confined by private companies, working on contracts with the federal government. Those numbers have ballooned in the last two years under the Trump administration, drawing new attention to the terrible conditions detainees are living in.

One feature of privately run centers — the Voluntary Work Program — is the subject of six separate lawsuits, which say that privately run immigrant detention centers are coercing detainees into working for a dollar a day and punishing those who don’t. The lawsuits demand, among other things, that the practice stop and that detained workers be paid minimum wage.

Congress should not wait for these lawsuits to be decided. Democrats have won the House, so even if they can’t stop the president’s anti-immigrant push, they can push to raise the obsolete and exploitative $1-a-day wage. And, just as they have rejected Mr. Trump’s request for $5.7 billion for the border wall, they should reject the request for $2.8 billion to expand detentions to 52,000 beds.

Prison labor is nearly as old as the American prison system itself, and it is protected by the 13th Amendment, which abolished slavery and indentured servitude except as punishment for a crime. This exception means that prisons can require their prisoners to work, even without compensation.

Read the complete article here.

As Immigrant Farmworkers Become More Scarce, Robots Replace Humans

Posted on by

From today’s New York Times:

As a boy, Abel Montoya remembers his father arriving home from the lettuce fields each evening, the picture of exhaustion, mud caked knee-high on his trousers. “Dad wanted me to stay away from manual labor. He was keen for me to stick to the books,” Mr. Montoya said. So he did, and went to college.

Yet Mr. Montoya, a 28-year-old immigrant’s son, recently took a job at a lettuce-packing facility, where it is wet, loud, freezing — and much of the work is physically taxing, even mind-numbing.

Now, though, he can delegate some of the worst work to robots.

Mr. Montoya is among a new generation of farmworkers here at Taylor Farms, one of the world’s largest producers and sellers of fresh-cut vegetables, which recently unveiled a fleet of robots designed to replace humans — one of the agriculture industry’s latest answers to a diminishing supply of immigrant labor.

The smart machines can assemble 60 to 80 salad bags a minute, double the output of a worker.

Enlisting robots made sound economic sense, Taylor Farms officials said, for a company seeking to capitalize on Americans’ insatiable appetite for healthy fare at a time when it cannot recruit enough people to work in the fields or the factory.

Read the complete article here.

Congress Must Act on DACA: The Dreamers Need a Vote, Not Talk

Posted on by

From today’s New York Times by David Leonhardt:

Paul Ryan offered some warm words about Dreamers. Marco Rubio went further, distancing himself from President Trump’s new immigration policy by tweeting a passage from the Bible. John McCain was blunter still, calling the decision “wrong.”

But words aren’t enough. They’re not nearly enough.

Ryan, Rubio, McCain and the other members of Congress have the power to do something in response to Trump’s decision to subject the 800,000 Dreamers — law-abiding people who entered the United States illegally as children — to potential deportation. Congress can pass a law that removes the threat hanging over them and lets them continue with their lives.

If Congress doesn’t act, yesterday’s expressions of concern are mere hypocrisy.

“I have zero patience for empty virtue signalling on this,” Susan Hennesseyof Lawfare tweeted, in response to Rubio. “You’re a member of Congress. Don’t tell us how sad and pious you are; pass a law.”

Greg Sargent of The Washington Post noted that Congress should pass a law quickly, given the uncertainty plaguing Dreamers.

Brad Smith, Microsoft’s president and chief legal officer, said Trump’s move had shifted Microsoft’s lobbying priorities. “The entire business community cares about a tax reform,” Smith told NPR. “And yet it is very clear today a tax reform bill needs to be set aside until the Dreamers are taken care of.” Smith also suggested Microsoft would try to block the federal government from deporting its Dreamer employees.

From the political right, Reihan Salam has argued that Trump’s move creates an opportunity for a bipartisan bill that both helps the Dreamers and rewrites immigration law to admit more skilled workers and fewer relatives of recent immigrants.

It would be easy enough for Congress to pass a simpler bill, focused on Dreamers. The House passed one in 2010. It also won 55 Senate votes — a majority but not enough to overcome a filibuster. Among those who didn’t vote yes: McCain, Lindsey Graham, Susan Collins and two Democrats still in the Senate, Joe Manchin and Jon Tester.

In The Times, Javier Palomarez explains why he quit a Trump advisory board yesterday, Paul Krugman breaks down the economics of the decision and the Editorial Board offers its take.