Using Jailed Migrants as a Pool of Cheap Labor May 25, 2014Posted by rogerhollander in Human Rights, Immigration, Prison Industrial Complex.
Tags: 13th amendment, detained immigrants, detention centers, human rights, ian urbina, illegal immigrants, immigrants, involuntary servitude, migrants, prison labor, prison labour, private prisons, roger hollander, slave labor, slave labour, solitary confinement
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Roger’s note: the NY times never ceases to amaze me with its euphemisms. For the Times torture is often “enhanced interrogation.” Here, slave labor is “cheap labor.” Slave labor is alive and well in the United States of America, from the tomato fields of Florida to the government’s own more and more privatized prison system. Unless, of course, you believe that payment that ranges from zero to thirteen cents an hour is not slave labor.
From the article:
“I went from making $15 an hour as a chef to $1 a day in the kitchen in lockup,” said Pedro Guzmán, 34, who had worked for restaurants in California, Minnesota and North Carolina before he was picked up and held for about 19 months, mostly at Stewart Detention Center in Lumpkin, Ga. “And I was in the country legally.”
Mr. Guzmán said that he had been required to work even when he was running a fever, that guards had threatened him with solitary confinement if he was late for his 2 a.m. shift, and that his family had incurred more than $75,000 in debt from legal fees and lost income during his detention. A Guatemalan native, he was released in 2011 after the courts renewed his visa, which had mistakenly been revoked, in part because of a clerical error.
Well, since prisoner “cheap” labor is saving the tax payer and the private prison corporations so much money, it must be loved by the Democrats and the Republicans. Clerical errors do happen, and Human Rights can be such a bore.
HOUSTON — The kitchen of the detention center here was bustling as a dozen immigrants boiled beans and grilled hot dogs, preparing lunch for about 900 other detainees. Elsewhere, guards stood sentry and managers took head counts, but the detainees were doing most of the work — mopping bathroom stalls, folding linens, stocking commissary shelves.
As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less — at the detention centers where they are held when caught by the authorities.
This work program is facing increasing resistance from detainees and criticism from immigrant advocates. In April, a lawsuit accused immigration authorities in Tacoma, Wash., of putting detainees in solitary confinement after they staged a work stoppage and hunger strike. In Houston, guards pressed other immigrants to cover shifts left vacant by detainees who refused to work in the kitchen, according to immigrants interviewed here.
The federal authorities say the program is voluntary, legal and a cost-saver for taxpayers. But immigrant advocates question whether it is truly voluntary or lawful, and argue that the government and the private prison companies that run many of the detention centers are bending the rules to convert a captive population into a self-contained labor force.
Last year, at least 60,000 immigrants worked in the federal government’s nationwide patchwork of detention centers — more than worked for any other single employer in the country, according to data from United States Immigration and Customs Enforcement, known as ICE. The cheap labor, 13 cents an hour, saves the government and the private companies $40 million or more a year by allowing them to avoid paying outside contractors the $7.25 federal minimum wage. Some immigrants held at county jails work for free, or are paid with sodas or candy bars, while also providing services like meal preparation for other government institutions.
Unlike inmates convicted of crimes, who often participate in prison work programs and forfeit their rights to many wage protections, these immigrants are civil detainees placed in holding centers, most of them awaiting hearings to determine their legal status. Roughly half of the people who appear before immigration courts are ultimately permitted to stay in the United States — often because they were here legally, because they made a compelling humanitarian argument to a judge or because federal authorities decided not to pursue the case.
“I went from making $15 an hour as a chef to $1 a day in the kitchen in lockup,” said Pedro Guzmán, 34, who had worked for restaurants in California, Minnesota and North Carolina before he was picked up and held for about 19 months, mostly at Stewart Detention Center in Lumpkin, Ga. “And I was in the country legally.”
Mr. Guzmán said that he had been required to work even when he was running a fever, that guards had threatened him with solitary confinement if he was late for his 2 a.m. shift, and that his family had incurred more than $75,000 in debt from legal fees and lost income during his detention. A Guatemalan native, he was released in 2011 after the courts renewed his visa, which had mistakenly been revoked, in part because of a clerical error. He has since been granted permanent residency.
Claims of Exploitation
Officials at private prison companies declined to speak about their use of immigrant detainees, except to say that it was legal. Federal officials said the work helped with morale and discipline and cut expenses in a detention system that costs more than $2 billion a year.
“The program allows detainees to feel productive and contribute to the orderly operation of detention facilities,” said Gillian M. Christensen, a spokeswoman for the immigration agency. Detainees in the program are not officially employees, she said, and their payments are stipends, not wages. No one is forced to participate, she added, and there are usually more volunteers than jobs.
Marian Martins, 49, who was picked up by ICE officers in 2009 for overstaying her visa and sent to Etowah County Detention Center in Gadsden, Ala., said work had been her only ticket out of lockdown, where she was placed when she arrived without ever being told why.
Ms. Martins said she had worked most days cooking meals, scrubbing showers and buffing hallways. Her only compensation was extra free time outside or in a recreational room, where she could mingle with other detainees, watch television or read, she said.
“People fight for that work,” said Ms. Martins, who has no criminal history. “I was always nervous about being fired, because I needed the free time.”
Ms. Martins fled Liberia during the civil war there and entered the United States on a visitor visa in 1990. She stayed and raised three children, all of whom are American citizens, including two sons in the Air Force. Because of her deteriorating health, she was released from detention in August 2010 with an electronic ankle bracelet while awaiting a final determination of her legal status.
Natalie Barton, a spokeswoman for the Etowah detention center, declined to comment on Ms. Martins’s claims but said that all work done on site by detained immigrants was unpaid, and that the center complied with all local and federal rules.
The compensation rules at detention facilities are remnants of a bygone era. A 1950 law created the federal Voluntary Work Program and set the pay rate at a time when $1 went much further. (The equivalent would be about $9.80 today.) Congress last reviewed the rate in 1979 and opted not to raise it. It was later challenged in a lawsuit under the Fair Labor Standards Act, which sets workplace rules, but in 1990 an appellate court upheld the rate, saying that “alien detainees are not government ‘employees.’ ”
Immigrants in holding centers may be in the country illegally, but they may also be asylum seekers, permanent residents or American citizens whose documentation is questioned by the authorities. On any given day, about 5,500 detainees out of the 30,000-plus average daily population work for $1, in 55 of the roughly 250 detention facilities used by ICE. Local governments operate 21 of the programs, and private companies run the rest, agency officials said.
These detainees are typically compensated with credits toward food, toiletries and phone calls that they say are sold at inflated prices. (They can collect cash when they leave if they have not used all their credits.) “They’re making money on us while we work for them,” said Jose Moreno Olmedo, 25, a Mexican immigrant who participated in the hunger strike at the Tacoma holding center and was released on bond from the center in March. “Then they’re making even more money on us when we buy from them at the commissary.”
A Legal Gray Area
Some advocates for immigrants express doubts about the legality of the work program, saying the government and contractors are exploiting a legal gray area.
Jacqueline Stevens, a professor of political science at Northwestern University, said she believed the program violated the 13th Amendment, which abolished slavery and involuntary servitude except as punishment for crime. “By law, firms contracting with the federal government are supposed to match or increase local wages, not commit wage theft,” she said.
Immigration officials underestimate the number of immigrants involved and the hours they work, Professor Stevens added. Based on extrapolations from ICE contracts she has reviewed, she said, more than 135,000 immigrants a year may be involved, and private prison companies and the government may be avoiding paying more than $200 million in wages that outside employers would collect.
A 2012 report by the A.C.L.U. Foundation of Georgia described immigrants’ being threatened with solitary confinement if they refused certain work. Also, detainees said instructions about the program’s voluntary nature were sometimes given in English even though most of the immigrants do not speak the language.
Eduardo Zuñiga, 36, spent about six months in 2011 at the Stewart Detention Center in Georgia, awaiting deportation to Mexico. He had been detained after being stopped at a roadblock in the Atlanta area because he did not have a driver’s license and because his record showed a decade-old drug conviction for which he had received probation.
Gary Mead, who was a top ICE administrator until last year, said the agency scrutinized contract bids from private companies to ensure that they did not overestimate how much they could depend on detainees to run the centers.
Detainees cannot work more than 40 hours a week or eight hours a day, according to the agency. They are limited to work that directly contributes to the operation of their detention facility, said Ms. Christensen, the agency spokeswoman, and are not supposed to provide services or make goods for the outside market.
But that rule does not appear to be strictly enforced.
At the Joe Corley Detention Facility north of Houston, about 140 immigrant detainees prepare about 7,000 meals a day, half of which are shipped to the nearby Montgomery County jail. Pablo E. Paez, a spokesman for the GEO Group, which runs the center, said his company had taken it over from the county in 2013 and was working to end the outside meal program.
Near San Francisco, at the Contra Costa West County Detention Facility, immigrants work alongside criminal inmates to cook about 900 meals a day that are packaged and trucked to a county homeless shelter and nearby jails.
A Booming Business
While President Obama has called for an overhaul of immigration law, his administration has deported people — roughly two million in the last five years — at a faster pace than any of his predecessors. The administration says the sharp rise in the number of detainees has been partly driven by a requirement from Congress that ICE fill a daily quota of more than 30,000 beds in detention facilities. The typical stay is about a month, though some detainees are held much longer, sometimes for years.
Detention centers are low-margin businesses, where every cent counts, said Clayton J. Mosher, a professor of sociology at Washington State University, Vancouver, who specializes in the economics of prisons. Two private prison companies, the Corrections Corporation of America and the GEO Group, control most of the immigrant detention market. Many such companies struggled in the late 1990s amid a glut of private prison construction, with more facilities built than could be filled, but a spike in immigrant detention after Sept. 11 helped revitalize the industry.
The Corrections Corporation of America’s revenue, for example, rose more than 60 percent over the last decade, and its stock price climbed to more than $30 from less than $3. Last year, the company made $301 million in net income and the GEO Group made $115 million, according to earnings reports.
Prison companies are not the only beneficiaries of immigrant labor. About 5 percent of immigrants who work are unpaid, ICE data show. Sheriff Richard K. Jones of Butler County, Ohio, said his county saved at least $200,000 to $300,000 a year by relying on about 40 detainees each month for janitorial work. “All I know is it’s a lot of money saved,” he said.
Mark Krikorian, executive director of the Center for Immigration Studies, an advocacy group that promotes greater controls on immigration, said that with proper monitoring, the program had its advantages, and that the criticisms of it were part of a larger effort to delegitimize immigration detention.
Some immigrants said they appreciated the chance to work. Minsu Jeon, 23, a South Korean native who was freed in January after a monthlong stay at an immigration detention center in Ocilla, Ga., said that while he thought the pay was unfair, working as a cook helped pass the time.
“They don’t feed you that much,” he added, “but you could eat food if you worked in the kitchen.”
Education, Not Deportation!”: Undocumented Students Protest Napolitano as UC President July 20, 2013Posted by rogerhollander in California, Education, Immigration, Race.
Tags: asha dumonthier, California, deportations, education, higher education, Homeland Security, immigrants, janet napolitano, napolitano appointment, roger hollander, uc, undocumented, University of California
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Photo Credit: AP Photo
The former U.S. Secretary of Homeland Security will be the first woman president of the 10-campus UC system and will earn $570,000 per year in her new position. Shortly after Napolitano’s compensation was read at the public meeting, a UC student stepped forward from the audience and started the chant, “Education, not deportation!” Campus police escorted four other students out shortly after when they refused to leave the room.
About 60 students, parents, faculty and staff representing UC Merced, Berkeley, Santa Cruz and other campuses protested outside the meeting to show their disappointment with Napolitano’s nomination.
As Secretary of Homeland Security, Napolitano oversaw a record number of deportations under the Obama administration, about 400,000 undocumented immigrants per year.
Undocumented student protesters said they were concerned about what her appointment could mean for students like them.
“She’s separated a lot of families,” said Wei Lee, an undocumented graduate of UC Santa Cruz, who noted that the UC system is home to many undocumented students. “We cannot allow someone like Janet Napolitano with her background and her experience to run this fine education system.”
Lee, who is ethnically Chinese and was born and raised in Brazil, fell out of immigration status after being denied political asylum. He said that without the advocacy of his friends and community, he and his family would have been deported. Today, he is a part of the student group ASPIRE (Asian Students Promoting Immigrant Rights through Education) and says that the current immigration system “does not reflect American values.”
San Francisco State University student Akiko Aspillaga held a pink sign that read, “This feminist opposes Napolitano’s appointment.”
“For somebody who justifies the war, who militarizes not just our borders but our communities and separates our families… if those are her values, we don’t want her to be the lead of our education system,” said Aspillaga.
Lotus Yee Fong, whose son has two UC degrees, expressed concern over Napolitano’s credentials: “She is not an educator.”
Protesters also criticized the timing of the appointment. Napolitano was nominated only a week before the public meeting, which they said left them little time to organize.
“It’s more or less a political coup,” said UC Santa Cruz student Daniel Shubat, shaking his head. “They did it during the summer. It’s underhanded and we don’t have a say.”
Supporters are quick to point out that Napolitano has also been criticized by Republicans who accuse her of being too soft on immigration enforcement.
Wendy’s, What Are You Waiting For?: Calling on the Fast Food Giant to Stand up For Farmworkers May 18, 2013Posted by rogerhollander in Agriculture, Food, Human Rights, Immigration, Labor.
Tags: agriculture, anna lappe, christina bronsing, fair food, farm labor, fast food chains, immokalee, immokalee workers, labor, labour, roger hollander, taco bell, wendy's, workers rights
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Who has freckles, pigtails, and is still holding out from joining the Fair Food Program? If you guessed the fresh-faced mascot of Wendy’s, give yourself a gold star. As part of its efforts to improve conditions in the fields, the Coalition of Immokalee Workers, a group of farmworkers based in Florida, is calling on the fast food giant Wendy’s to step up for farmworkers and their families.
The Coalition has had an impressive wave of wins as many companies — eleven to date — have signed an agreement to improve conditions for farmworkers. Of the top five fast food chains, McDonald’s, Burger King, Subway, and Yum! Brands (owners of Taco Bell, Pizza Hut, KFC and A&W) have all joined the Fair Food Program. In response to pressure from the Coalition and its allies, the list has grown to include Chipotle, food retailers (Whole Foods, Trader Joe’s), and food service companies (BAMCO, Aramark, Sodexo and Compass Group). The overwhelming majority of tomato growers now participate in this farmworker-driven commitment through the Florida Tomato Growers Exchange, which represents 90 percent of the industry.
By signing on to the agreement, companies must now comply with a code of conduct that includes protections for cases of wage theft, sexual harassment, and forced labor. Companies also agree to pay a small premium for tomatoes — just a penny more per pound. As a result, workers have safer working conditions and have started seeing increases in their paychecks for the first time in more than 30 years.
Think a penny a pound doesn’t sound like much? It adds up. Over $10 million has been paid out through these victories since January 2011. That number will only keep growing as more companies sign on.
Hey, Wendy’s, are you listening?
Wendy’s, of all companies, can afford paying this premium. One of the highest earning fast food chains in the country, Wendy’s comes in at number two behind McDonald’s. Nearly 6,600 restaurants in the U.S. and around the globe afford the company serious market power– influence that can go a long way to shift purchasing practices. Instead of leveraging that power to demand lower prices from suppliers, Wendy’s could be rewarding growers who respect workers’ rights.
Other fast food companies have stepped up, like Taco Bell. The fast food giant was the first company to sign on to the Coalition agreement back in 2005, after four years of pressure and organizing. In its announcement, Taco Bell said:
“As an industry leader, we are pleased to lend our support to and work with the CIW to improve working and pay conditions for farmworkers in the Florida tomato fields… We recognize there is a need for reform… We hope others in the restaurant industry and supermarket retail trade will follow our leadership.” – Emil Brolick, Taco Bell President (2005)
Brolick and Taco Bell showed that signing on to the agreement wouldn’t threaten a company’s bottom line. In fact, Brolick’s tenure is credited with boosting sales and ‘turning things around at Taco Bell. Proof that profits don’t come at the expense of workers’ rights.
Seven years later, Wendy’s is still dragging its feet instead of following Taco Bell’s example — or more accurately Brolick’s own example, since he has now taken over as CEO of Wendy’s.
This week, as Wendy’s convenes its annual shareholders’ meeting in New York City, the Coalition is in town to make sure the company has its priorities straight. On Saturday, May 18th, farmworkers and allies will march from Union Square to nearby Wendy’s locations, reminding shareholders that farmworkers aren’t an abstract budget line item, but hardworking women and men who deserve respect. (And, sure, to give Wendy’s CEO Emil Brolick a dose of déjà vu. He already has some experience with this, after all.)
If you’re in or around New York, show your support: join the march from Union Square this Saturday at 2pm. And if you’re miles from the action: raise your virtual voice and sign the e-petition!
As farmworker and organizer with the CIW, Gerardo Reyes Chávez says, “The change we are seeking is underway–and it is unstoppable. And it is unstoppable not because we say it is — but because there’s people like you taking action.”
Toronto declared ‘sanctuary city’ to non-status migrants February 23, 2013Posted by rogerhollander in Canada, Immigration, Toronto.
Tags: Immigration, refugee claimants, regugee, richard lautens, roger hollander, sanctuary, sanctuary city, toronto, undocumented
Supporters of a motion to turn Toronto into a sanctuary city for non-status migrants raise their arms in victory as the vote is announced. The so-called ‘Solidarity City’ motion was passed by city council by a vote of 37-3.
Nicholas Keung Immigration Reporter
Toronto has made history by affirming itself as a “sanctuary city,” the first Canadian city with a formal policy allowing undocumented migrants to access services regardless of immigration status.
On Thursday, City Council passed the motion by a vote of 37 to 3 that also requires training all city staff and managers to ensure Toronto’s estimated 200,000 non-status residents can access its services without fear of being turned over to border enforcement officers for detention and deportation.
The vote puts Toronto in the same league with 36 American cities, including Chicago, New York City and San Francisco that already have such policies. Deputy Mayor Doug Holyday and councillors Denzil Minnan-Wong and David Shiner are the only council members who voted against the motion.
“It is an enormous step for the city in the right direction. We are all contributing to the city, the well-being of Toronto. It’s important that we are not making a distinction between those who don’t have rights or access to services and those who do,” said Harald Bauder, associate professor of Ryerson University’s graduate program in immigration and settlement studies.
“Distinctions are divisive. They establish second-class citizens. That leads to all kinds of other problems, not just a rift in the community, but other issues of exploitation.”
Council’s vote was significant at a time when the undocumented population is expected to surge in 2015, when many legal but temporary foreign workers will see their four-year work permits expire under a new federal law and potentially move “underground.”
Proponents of the policy argued that the city must embrace and monitor the changing reality rather than just bury its head in the sand.
Although undocumented migrants — often visitors overstaying their visas or failed refugee claimants dodging deportation — have been able to use city services such as library and public transit without hassles, the “don’t ask, don’t tell” policy has not been consistent in other areas.
“This is a historic moment because we are saying we are a sanctuary city and that anyone who is in the City of Toronto will be able to access all the services the city offers, be it in the areas of health, in the area of parks, in the area of library, in the area of health and safety,” said councilor Joe Mihevc.
“That is the kind of city we want. We want to open our arms to anyone who comes here while they are here.”
However, Mihevc pointed out the new city policy will not address barriers faced by non-status residents for services under the provincial or federal jurisdictions such as housing, income security, welfare and labour protection.
“With the police, their policy is, ‘don’t ask.’ But if they find that someone tells them, they actually have a legal obligation to report it to Immigration Canada. That’s the nuance with respect to the police. This doesn’t change that,” Mihevc explained.
Thursday’s motion was a second attempt by migrant advocacy groups to formalize the city’s sanctuary policy; the previous administration under mayor David Miller did not commit to affirming the policy but opted to simply put a poster online to promote it.
“This is a great show of what community organizations can do. But this is only a policy . . . The only way we’re going to get changes in our community is if our community is organized and standing strong, and we keep councillors to what they said today,” said Tzazna Miranda Leal of the Solidarity City Network, a community umbrella group behind the campaign.
However, councillor Minnan-Wong, a vocal critic of the motion, said undocumented people are illegal in Canada and do not deserve government services.
“We shouldn’t encourage them. We shouldn’t help them. We should not facilitate them. They are an insult to every immigrant who plays by the rule to get into the country. They are an insult to every immigrant who is waiting to enter this country legally,” said Minnan-Wong.
“It sends a message to the world that it is okay to break the law to come to Canada and it says that the City of Toronto is an accomplice to this lawbreaking.”
Council also voted to ask Ottawa to establish an amnesty program for undocumented migrants and the province to review its policies to ensure their access to health care, emergency services and community housing.
Sanctuary cities in U.S.
So far, 36 American cities and three states have declared themselves sanctuaries for non-status migrants.
Los Angeles, CA
San Bernardino, CA
San Jose, CA
New Haven, CN
New York City, NY
Fort Collins, CO
Deleon Springs, FL
St. Paul, MN
Salt Lake City, UT
Fairfax County, VA
Jackson Hole, WY
State of Oregon
State of Maine
State of Vermont
You’re All Illegal February 6, 2013Posted by rogerhollander in First Nations, Immigration, Race, Racism.
Tags: abby zimet, anti-immigration, dream act, First Nations, genocide, Immigration, native american, racism, roger hollander
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by Abby Zimet
WATCH THE VIDEO!!!
A bumper sticker being sold outside Milwaukee
Staging his own small, fierce, truth-telling protest, a Native-American man pushing a baby stroller confronted anti-immigration zealots at an Arizona rally by furiously pointing out that they are the real “illegals” for invading his country. Enough, he said, with their race-baiting, flag-waving “bogus arguments.” Meanwhile, young immigrants loudly interrupted a staid Congressional hearing on immigration, protesting GOP opposition to the DREAM Act by chanting, “Undocumented and Unafraid.” They were thrown out by security officials as legislators snickered.
“We didn’t invite none of you. We’re the only native Americans here,” he yelled. “That’s what (the American) flag stands for – all the Native Americans you killed to plant your houses here. That’s the truth.”
No real refuge in Canada for some refugees June 15, 2012Posted by rogerhollander in Canada, Human Rights, Immigration.
Tags: anti-semitism, bernie faber, Canada, canada refugees, canadian government, clayton ruby, holocaust, jewish refugees, phil berger, refugee health care, refugees, roger hollander
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PHILIP BERGER, BERNIE FARBER AND CLAYTON RUBY
The Globe and Mail Friday, Jun. 15 2012, 2:00 AM EDT
As Canadian Jews, we grew up hearing stories about how our families came to this country as refugees. We also heard about the relatives who never arrived because of the Canadian government’s closed-door policy for Jews. Historians Irving Abella and Harold Troper’s book None is Too Many told of this sad and ultimately deadly policy.
In the early 1900s, Jews fled persecution in European countries where anti-Semitism was rampant. They were not alone; the Roma and Sinti people were caught in the same web of hate.
When Hitler’s forces overran Europe, it was the Jewish and Roma communities that were singled out for annihilation. And with the rest of the world engaged in either compliance or apathy, the Nazi plan almost succeeded.
Bearing the scars of the Holocaust, most Jews fled Europe to countries like Canada, which finally opened its doors with a new immigration policy.
However, the Roma mostly stayed behind, and there has been an enormous escalation of discrimination and bigotry against them, especially in Hungary. And with resurgence of neo-Nazism in parts of Hungary and elsewhere in Europe, Roma face violent attacks. Many have tried to flee to Canada, where doors have once again become hard to pry open.
Most recently, with the passage of refugee and immigration Bill C-31, alongside suggested cuts to refugees’ health care, the federal government is creating what it calls “designated countries,” or DCOs, that it considers “safe.”
Refugees from DCOs will now have only a short time to prepare for their hearings, and will effectively lose their right of appeal. Additionally, refugees will have no access to primary or emergency health care, even in the case of pregnancy or heart attack.
While refugee claimants from DCOs are singled out for particularly alarming treatment under the new federal rules, the changes will harm all those claiming refugee status. Claimants will lose access to life-saving drugs, such as insulin, and to preventive care. Physicians across the country warn that these changes will result in severe illness and death.
While DCOs have yet to be named, Hungary will assuredly be on the list. If these policy changes come into effect, Roma refugee claimants will lose access to health care on June 30. We are also likely to see many more deportations of Roma back to Hungary.
Judaism teaches the concept of “ tikkun olam,” an exhortation to repair the world. If passed, Bill C-31 would be antithetical to these values. It is our hope that as Canadians hear more about the dangers of this legislation, they too will not stand by as refugees lose basic health care and persecuted groups or individuals are sent back to face violence in their home countries.
Today, we go on record as Jews and descendants of immigrants to say that we oppose cuts to refugee health care and the designation of so-called “safe” countries. Denying other human beings health care and a haven based on their country of origin is simply wrong. As Jews and human rights activists, we know well that countries deemed safe for the majority can be deadly for some minorities.
Pressure must continue. It’s never too late to ask for changes or amendments to the regulations. Ironically, we also understand that, were our families to arrive today under the federal government’s new rules, they would be denied health care, and, ultimately, citizenship. Returning to the retrograde policies that inspired “None is Too Many” must be rejected.
Tags: abby zimet, Arizona, Barack Obama, Criminal Justice, eric holder, Immigration, joe arpaio, police-state terror, Race, racial profiling, racism, roger hollander, Sheriff Joe Arpaio
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The Color of Collaboration
by Abby Zimet, www.commondreams.org, January 17, 2012
Though the feds, after a three-year investigation, have charged Arizona’s racist thug and Sheriff Joe Arpaio with overseeing the worst racial profiling ever recorded, the nation’s two top (black) justice officials – President Obama and Attorney General Eric Holder – say they will “collaborate” with Arpaio to remedy abuses that grossly violate their own guidelines, says a scathing Phoenix New Times story, “Coddling Joe: How Do You Collaborate with A Felon?” Michael Lacey details Arpaio’s history of “police-state terror”: bullying the defenseless by sending out armed, ski-masked, body-armored SWAT teams to arrest drivers with busted turn signals; blatantly destroying a mountain of racist evidence; and finally, defiantly, not exactly quaking in his boots before the federal charges, but, rather, responding with a declaration he “will not cower,” accompanied by 29 pages of “lawyers’ brain vomit, lies, and threats.”
Three Years, 30,000 Incidents of Human Rights Abuse: Are Border Patrol Agents the Real Criminals? October 4, 2011Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Immigration, Racism.
Tags: anti-immigration, border patrol, human rights, Immigration, migration, racism, roger hollander, torture, US-Mexico, valeria fernandez
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water to adults and children in detention for several days, to purposely
separating families during deportation.
aid organization No More Deaths.
The report, “A Culture of Cruelty,” documents 30,000 incidents of human
rights abuses against undocumented immigrants in short-term detention between
fall 2008 and spring 2011. Nearly 13,000 people were interviewed in the Mexican
border towns of Naco, Nogales and Agua Prieta.
Allegations range from Border Patrol agents denying food and water to adults
and children in detention for several days, to purposely separating families
during deportation or forcing people to sign removal orders.
They also include concerns that detainees were not provided the right to due
“We didn’t go out looking for these stories. They came to us and they were
inescapable,” said Hannah Hafter, a co-author of the report who works as a
volunteer for No More Deaths helping deported immigrants.
“Many of the grassroots services we provide wouldn’t need to exist if the
Border Patrol was doing the right thing,” she said.
The report contends that the alleged physical and verbal abuse suffered by
immigrants fits the international definition of torture.
According to the United Nations Convention Against Torture, physiological
abuse can be defined as “an act committed by a person acting under the color of
law specifically intended to inflict severe physical or mental pain or suffering
[…] upon another person within his custody or physical control.”
Allegations of torture include threatening detainees with death while in
custody, and verbal and physical abuse.
“That is a pretty serious allegation, and any allegation we are going to take
very seriously and we’re going to look into it,” said Colleen Agle, a
spokesperson from the Tucson Sector of the Border Patrol.
Agle said the Border Patrol couldn’t provide statistics on the number of
complaints referred to the agency. But she said they would seriously consider
the findings in this report and investigate if there are credible
“This has nothing to do with how you or I feel about immigration policies,”
said Reverend Peter Morales, president of the Unitarian Universalist
Association, which represents over 1,000 congregations with Jewish-Christian
roots. “The majority of Americans don’t want to see this kind of treatment of
innocent people, women and children, in their name,” said Morales, who has been
involved in acts of civil disobedience in Phoenix against the anti-immigration
law SB 1070.
Hafter said that part of the problem is a culture of abuse within the
“Above all, Border Patrol’s steadfast denial of abuse in the face of
overwhelming evidence to the contrary is indicative of an institution vehemently
resistant to any measure of accountability,” the report claims.
But an even more significant issue for Hafter is the lack of an adequate
process for immigrants in detention to file complaints without fearing
retaliation or being held for long periods of time.
Agle said that normally immigrants in detention can either report a complaint
with Border Patrol itself or request to see a consular official from their
country. She said whether or not they stay longer in detention would depend on
the individual case.
The Inspector General ultimately handles complaints against the Border
Patrol, she said.
Activists, meanwhile, have been filing complaints with the Office of Civil
Rights and Civil Liberties, a branch within the Department of Homeland Security.
They’ve filed 75 complaints so far but say they have received no answer on
whether or not action was taken.
Danielle Alvarado, one of the co-authors of the report, says part of the
problem is that there is no uniformity in the way complaints are handled.
“A lot of times when they get complains they refer it back to the agency
they’re investigating,” said Alvarado. “The only way we have of knowing if the
complaint process is working is talking to people afterwards to see if trends
Agle said that due to privacy concerns she wasn’t able to reveal how many
complaints the Border Patrol has investigated or the outcome of those cases.
Some of the complaints in the report allege violations of international
agreements between Mexico and the United States, for example, the agreements
that families should be kept together during the removal process and that
vulnerable populations like women with children should be deported during
Activists have criticized some Border Patrol policies for putting immigrants
in harm’s way. One example is the practice of “lateral removal.”
According to the Border Patrol, this is part of a “consequence delivery
system” whose goal is to deter immigrants from re-entering into the country
Through “lateral removal,” immigrants get deported to areas that are far away
from where they first tried to enter illegally.
“The smugglers are preying on them so we want to get them out of their hands,
so they don’t continue to be put into a dangerous situation,” explained Border
Patrol spokesperson Agle.
But this can result in deporting immigrants to dangerous cities they are
unfamiliar with where they could be exposed to kidnappings or violence,
according to Hafter, co-author of the report.
No More Deaths has documented a change in the demographics of those who are
being deported from the country. A survey of 100 people found that the majority
of the immigrants being deported have been living in the United States for an
average of 14 years. Many have more than two children in the United States.
Almost 70 percent of those interviewed said they would continue to try to
cross the border to reunite with their loved ones.
“No amount of personal risk or inhumane treatment will ever be an effective
deterrent,” the report concludes.
Among the report’s recommendations is the creation of an independent
commission that would investigate alleged Border Patrol abuses to improve
transparency and accountability of the agency.
Phoenix, Arizona. She worked for La Voz newspaper for the last six years
covering the immigration beat and she is a guest contributor on Race Wire.
Valeria was born and raised in Montevideo, Uruguay, and moved to the United
States in 1999.
The Tomatoes of Wrath September 26, 2011Posted by rogerhollander in Agriculture, Human Rights, Immigration, Labor.
Tags: agricultural industry, agricultural workers, agriculture, chris hedges, ciw, collective bargaining, fair food, farmworkers, fieldworkers, florida labor, florida tomatoes, immigrant workers, immokalee, labor, labor standards, publix, roger hollander, slave labor, trader joe's, whole foods
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It is 6 a.m. in the parking lot outside the La Fiesta supermarket in Immokalee, Fla. Rodrigo Ortiz, a 26-year-old farmworker, waits forlornly in the half light for work in the tomato fields. White-painted school buses with logos such as “P. Cardenas Harvesting” are slowly filling with fieldworkers. Knots of men and a few women, speaking softly in Spanish and Creole, are clustered on the asphalt or seated at a few picnic tables waiting for crew leaders to herd them onto the buses, some of which will travel two hours to fields. Roosters are crowing as the first light of dawn rises over the cacophony. Men shovel ice into 10-gallon plastic containers from an ice maker next to the supermarket, which opens at 3:30 a.m. to sell tacos and other food to the workers. The containers—which they lug to pickup trucks—provide water for the pickers in the sweltering, humid fields where temperatures soar to 90 degrees and above.
(Illustration by Mr. Fish)
Ortiz, a short man in a tattered baseball cap and soiled black pants that are too long and spill over the tops of his worn canvas sneakers, is not fortunate this day. By 7 a.m. the last buses leave without him. He heads back to the overcrowded trailer he shares with several other men. There are always workers left behind at these predawn pickup sites where hundreds congregate in the hopes of getting work. Nearly 90 percent of the workers are young, single immigrant men, and at least half lack proper documents or authorization to work in the United States.
Harvesting tomatoes is an endeavor that comes with erratic and unpredictable hours, weeks with overtime and weeks with little to do and no guarantees about wages. Once it starts to rain, workers are packed back onto the buses and sent home, their workday abruptly at an end. Ortiz and the other laborers congregate at the pickup points every morning never sure if there will be work. And when they do find daywork they are paid only for what they pick.
“I only had three days of work this week,” Ortiz says mournfully. “I don’t know how I will pay my rent.”
Ortiz, who along with many others among these migrant workers sends about $100 home to Mexico every month to support elderly parents, works under conditions in these fields that replicates medieval serfdom and at times descends into outright slavery. He lives far below the poverty line. He has no job security, no workers’ compensation, no disability insurance, no paid time off, no access to medical care, Social Security, Medicaid or food stamps and no protection from the abusive conditions in the fields. The agricultural industry has a death rate nearly six times higher than most other industries, and the Environmental Protection Agency estimates that of the 2 million farmworkers in the United States 300,000 suffer pesticide poisoning every year.
“We are standing on the threshold of achieving significant change in the agricultural industry,” Marc Rodrigues, with the Student/Farmworker Alliance, tells me later in the day at the CIW office in Immokalee. “But if the supermarkets do not participate and support it then it will not go any further. Their lack of participation threatens to undermine what the workers and their allies have accomplished. They represent a tremendous amount of tomato purchasing. They wield a lot of influence over conditions in the field. For those growers not enamored of the concept of workers attaining rights and being treated with dignity, they will know that there is always a market for their tomatoes with no questions asked, where nothing is governed by a code of conduct or transparency. If we succeed, this will help lift farmworkers, who do one of the most important, dangerous and undervalued jobs in our society, out of grinding poverty into one where they can have a slightly more decent and normal life and provide for their families.”
The next major mobilization in the campaign will take place at noon Oct. 21 outside Trader Joe’s corporate headquarters in Monrovia, Calif. This will follow a week of local actions to target supermarkets across the country. To thwart the campaign, the public relations departments of Trader Joe’s, Publix and other supermarkets are churning out lies and half truths, as well as engaging in unsettling acts of intimidation and surveillance. Publix sent out an employee posing as a documentary filmmaker to record the activities of the organizers.
“Publix has a cabal of labor relations, human relations and public relations employees who very frequently descend from corporate headquarters in Lakeland, Fla.—or one of their regional offices—and show up at our demonstrations,” says Rodrigues. “They watch us with or without cameras. They constantly attempt to deflect us: If we attempt to speak to consumers or store managers these people will intercept us and try to guide us away. These people in suits and ties come up to us and refer to us by our first names—as if they know us—in a sort of bizarre, naked attempt at intimidation.”
If you live in a community that has a Whole Foods, which is the only major supermarket chain to sign the agreement, shop there and send a letter to competing supermarkets telling them that you will not return as a customer until they too sign the CIW Fair Food Agreement. Details about planned protests around the country can be found on the CIW website.
Workers in the fields earn about 50 cents for picking a bucket containing 32 pounds of tomatoes. These workers make only $10,000 to $12,000 a year, much of which they send home. The $10,000-$12,000 range, because it includes the higher pay of supervisors, means the real wages of the pickers are usually less than $10,000 a year. Wages have remained stagnant since 1980. A worker must pick 2.25 tons of tomatoes to make minimum wage during one of the grueling 10-hour workdays. This is twice what they had to pick 30 years ago for the same amount of money. Most workers pick about 150 buckets a day. And these workers have been rendered powerless by law. In Florida, collective bargaining is illegal, one of the legacies of Jim Crow practices designed to keep blacks poor and disempowered. Today the ban on collective bargaining serves the same purpose in thwarting the organizing efforts of the some 30,000 Hispanic, Mayan and Haitian agricultural laborers who plant and harvest 30,000 acres of tomatoes.
The CIW, which organized a nationwide boycott in 2001 against Taco Bell, forced several major fast food chains including Yum Brands, McDonald’s, Burger King, Subway, Whole Foods Market, Compass Group, Bon Appétit Management Co., Aramark and Sodexo to sign the agreement, which demands more humane labor standards from their Florida tomato suppliers and an increase of a penny per bucket. But if the major supermarkets too do not sign this agreement, growers who verbally, sexually and physically abuse workers will be able to continue selling tomatoes to the supermarkets. This could leave at least half of all the fields without protection, making uniform enforcement of the agreement throughout the fields difficult if not impossible.
“Supply chains are very opaque and secretive,” says Gerardo Reyes, a farmworker and CIW staff member. “This is one of the reasons a lot of these abuses continue. The corporations can always feign that they did not know the abuses were happening or that they had any responsibility for them as long as there is no transparency or accountability.”
One of the most celebrated modern cases of fieldworker slavery was uncovered in November 2007 after three workers escaped from a box truck in which they had been locked. They and 12 others had been held as slaves for two and a half years. They had to relieve themselves in a corner of the truck at night and pay five dollars if they wanted to bathe with a garden hose. They were routinely beaten. Some were chained to poles at times. During the days they worked on some of the largest farms in Florida. It was the seventh such documented case of slavery in a decade.
“As long as the supermarket industry refuses to sign this agreement it gives the growers an escape,” says Reyes. “We need to bring the pressure of more buyers who will sign the agreement to protect the workers. We have gotten all of the major corporations within the fast food industry and food providers to sign this agreement. Two of the three most important buyers within the industry are on board. But if these supermarkets continue to hold out they can put all the mechanisms we have set in place for control at risk. If Wal-Mart, Trader Joe’s and other supermarkets say the only criteria is buying from those growers who offer the lowest possible price then we will not be able to curb abuses. If the agreement is in place and there is another case of slavery then the growers will be put in a penalty box. If we do not have the ability to impose penalties then there will always be a way for abusive growers to sell. The agreement calls on these corporations to stop buying from growers, for example, that use slave labor. Without the agreement there is no check on these practices.”
“Supermarkets, such as Trader Joe’s, insist they are responsible and fair,” Reyes goes on. “They use their public relations to present themselves as a good corporation. They sell this idea of fairness, this disguise. They use this more sophisticated public relations campaign, one that presents them as a friend of workers, while at the same time locking workers out of the discussion and kicking us out of the room. They want business as usual. They do not want people to question how their profits are created. We have to fight not only them but this sophisticated public relations tactic. We are on the verge of a systemic change, but corporations like Trader Joe’s are using all their power to push us back.”
Members and supporters of the Coalition of Immokalee Workers will march from a Trader Joe’s store at 604 W. Huntington Dr. in Monrovia, Calif., to the market chain’s headquarter a mile away, starting at noon Oct. 21. The farmworkers organization is demanding that Trader Joe’s support the human rights of the men and women who harvest tomatoes sold in its stores. For more information, click here, send an email to email@example.com or telephone (510) 725-8752 begin_of_the_skype_highlighting (510) 725-8752 end_of_the_skype_highlighting.
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.
Hershey’s ‘No Charlie’s Chocolate Factory’ August 23, 2011Posted by rogerhollander in Human Rights, Immigration, Labor.
Tags: boycott, chocolate factory, cultural exchange, exel, foreign workers, guestworker, guestworker alliance, hershey chocolate, immigrants, jon swaine, labor, roger hollander, slave labor, unfari labor, working conditions
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NEW YORK – It sounded like the perfect summer job.
Anger … a student protests against the working conditions at a Hershey’s factory. (Photo: AP)
Students from China, Africa and eastern Europe would work in a Hershey’s chocolate plant before using their earnings to travel the US and learn English.
“We have all seen Charlie’s chocolate factory,” said one student, 19-year-old Harika Duygu Ozer. Another said: “I thought we would see America like in movies.”
The factory, in Palmyra, Pennsylvania, did not live up to Roald Dahl’s thrilling world of chocolate waterfalls and infinite treats, however.
The 400 students, who each paid up to $US5940 ($5700) to join the State department’s cultural exchange scheme, claimed they were forced to become “captive workers”.
Shifts, often at night, consisted of lifting dozens of heavy boxes, trying to control fast-moving production lines, they said.
“They don’t care if you are small, you don’t have the power, you didn’t eat – they just care about their production,” one of the students said.
A spokesman for the National Guestworker Alliance, which is backing the group, said: “They were warned to stop complaining or they would be kicked out.”
The students walked out last week in protest at their conditions and pay, which after deductions and rent charges allegedly amounted to between $US40 and $US140 for 40 hours of work per week. They marched with dozens of supporters through Hershey itself.
Hershey said the plant was run by Exel, a logistics company. Exel said temporary workers were overseen by a third company, and that it had been told to stop hiring students from the scheme. It said students were informed of likely working conditions.