Migrant Families Make their Way to Midwest Once More

Every year for decades, migrant families have boarded up their houses, told friends to check their mail, taken final exams a few weeks early, packed up their cars, and headed north to weed, tend, harvest, and process the foods we buy in the produce section of our local grocery stores.  Many families pay for the journey with their income tax return, arriving with scant assets and little more than a hope of a good growing season.  Migrant workers fall into one of three categories.  Some are recruited by a corporate employer, such as a processing or canning company.  They receive written contracts, sometimes are granted free housing in a labor camp, and are guaranteed work.  Others have a longstanding relationship with a particular farmer.  While the agreement might not be oral, some of these relationships extend back to a handshake between grandfathers.  This form of migrant work is more tenuous, however, than the corporate employer, as it hinges on good weather – if a drought or infestation should occur, the migrants could be 2000 miles from home with no money and no work.  Finally, some migrant families head North with only a hope of work – no contract, no contact, no housing, no plan other than to find a farm and pitch their services.

Migrant farmworkers are not immigrants; instead, they are either legal visitors with temporary work permits, legal permanent residents or citizens migrating internally within the United States.

This summer looks to be a difficult one for migrant families. Fargo remains inundated after the Red River flooding, and is months behind its agricultural calendar.  Other areas of the country are struggling with drought or other natural difficulties.  More importantly, however, is the economic depression. Farmers that once employed workers are either hiring less or none at all, in hopes of saving even just a few dollars.  Some farmers are using more pesticides or herbicides this year, in order to save money on paying migrant workers to weed or tend the rows.  Other farms have filed bankruptcy. Many farmers that have hired migrant workers for decades have called to tell them they will not be needing their services this year.

While the migrant families working for corporate employers or specific farmers will surely find this year a difficult one, the workers who just leave their hometowns in the Rio Grand Valley for the possibility of work in the Midwest could face a devastating summer.  Unable to find work and with little resources to return home, they will be easy prey for less-than-ethical employers. (Druley, Laurel. “Life on the Bottom Rung: No Place for Migrants”)

This summer, I will be working with the Migrant Farmworkers unit of Southern Minnesota Regional Legal Services, Inc. Under my supervisor Ana Maria Gomez-Gomez, I will primarily be working in Rochester, Owatonna, Plainview, and Elysian, though I will be covering cases in Dakota, Steele, Olmsted, Le Seur, and Waseca counties.  My work will focus on assisting migrant farmworkers with their adjustment to life in Minnesota, with any housing claims, employment wage claims, immigration questions, and any other legal questions that come up in the course of the summer.

I so look forward to working with migrant families from the Rio Grande Valley as they make their temporary homes here in southeastern Minnesota.  Having made that same journey myself, from Brownsville, TX, to Rochester, MN, I hope to be able to offer them some meaningful support and aid.  I wonder if any of the students to whom I gave early exams will be coming up with their families this season… Regardless, I hope to be able to help them get at least a minimum wage, secure decent housing, receive their security deposits at the end of the summer (something I have yet to ever receive myself), work in safe conditions, receive any public benefits to which they are entitled and require, renew or apply for new immigration status, and generally become adjusted to a new community.  It’s going to be a busy summer, but certainly one filled with meaning.

My work with SMRLS this summer comes at a dynamic time in immigration law, with Obama pledging to make progress towards comprehensive immigration reform in his first year of presidency. It comes less than a month after the first anniversary of the first large-scale ICE raid in Postville, IA, just a few hours south of here.  The work begins in a time when local law enforcement officers through 287(g) are attempting to enforce federal immigration laws in many of our nation’s cities and towns, resulting in racial profiling, arbitrary searches and arrests, and a terrified immigrant community unwilling to cooperate with the law enforcement they need and that needs them. (Moffett, Dan. “Cops aren’t Border Patrol”).  My role as Summer Advocate with SMRLS also comes at a time when Ms. Sonia Sotomayor, a Latina woman from the Bronx, has been put forth as Obama’s candidate to replace Justice Souter on the Supreme Court.  It also comes at a time that xenophobic individuals are seeking to place the blame of Wall Street on immigrants who don’t even own a bank account, when states and municipalities are balancing their budgets by cutting public welfare and other services to the indigent (in New York state, for example, elderly, disabled and blind legal residents will now get half of what they had previously received after the ruling in Khrapunskiy v. Robert Doar). But, my summer advocate role also coincides with bipartisan legislation like AgJobs, a bill supported by both the National Cattlemen’s Beef Association and Farmworker Justice which seeks to relieve labor shortages while securing rights for migrant workers and discouraging agriculture’s exploitation of unauthorized workers (purportedly some 75% of the workforce by some estimates). (“Farms and Immigrants.” New York Times).

As I scan the cucumbers, corn, sugar, beets, potatoes, onions, asparagus, garlic, peppers, and tomatoes, I think of the migrant families making the drive to Minnesota and other states in the Midwest right now.  I look forward to learning from them and advocating for them, starting next week.

Postville: The Difference a Year Makes

Yesterday, immigrant rights advocates marched down the tiny streets of Postville, IA. They marched to remind the nation that workplace raids cause ongoing devastation, that immigrants deserve basic human rights, and that Obama must live up to his promise to tackle immigration reform in the next year. [Martin, Liz. "Postville story, a year later, told in photos"]

Local businessman Gabay Menahem joined the march and commented on the economic difference a year makes.  “A year ago it was impossible to buy a house in Postville. Now there are 228 houses for sale out of 700 total.”  More than 30% of the Jewish community left after the raid, and much of the Latino community was either deported after entering guilty pleas or fled in fear.  [Love, Orlan] Some still remain, wearing transponders on their ankles more than a year later.  Children still remain [local school attendance has only dropped about 3%], but they are in increasing need of mental health services, and many of them are missing at least one parent.

Father Ouderkirk and St. Bridget’s Church continue to minister to the Latino community of Postville.  They currently care for 30 affected families, aiding them with housing and food and counseling as they seek to be reunited with their family members or as they wait for their day in court.

Most of the 389 workers arrested pled guilty last May.  They were housed in a cattle-barn, expedited through a trailer-home courthouse ten at a time, and threatened with years in prison unless they pled guilty on the spot.  Many of them were from Guatemala, and few of them spoke English.  The majority of them had no idea what a Social Security number was, or why the leading prosecutor Stephanie Rose thought that they had used fake ones.  Many of them had received fake numbers from their employer, Agriprocessor’s Inc., the largest kosher meatpacking plant in the nation.

Last week, the Supreme Court issued its ruling on Flores-Figueroa, ruling that to be convicted of aggravated identity theft, the person must know they are using another person’s identification.  While this ruling does little for the 389 workers, most of whom pled guilty and have since been deported, but it is resulting in dropped charges against some of Agriprocessor’s administration.  Last Tuesday, federal prosecutors dropped aggravated identity theft charges [a mandatory 2 years imprisonment] against human resources manager Laura Althouse, who was allowed to rescind a guilty plea she entered last year. [Preston, Julia. "Dismissal of Guilty Pleas is Sought for Immigrants"]

As the Supreme Court’s decision affects the sentencing of this dubious employer’s administrative staff, many are calling upon Attorney General Eric Holder Jr. to order a case-by-case investigation into the almost 300 guilty pleas entered last May in Postville. “The federal prosecutors used the law as a hammer to coerce the workers,” said David Leopold, vice president of American Immigration Lawyers Association.  Others went farther, including Representative Zoe Lofgren (D-California), chairwoman of the House immigration subcommittee.  She is calling on the Justice Department to start over, since these cases didn’t comport with the law. [Preston, Julia. "Dismissal of Guilty Pleas is Sought for Immigrants"]

Today marks the day after Postville’s raid last year.  Postville no longer represents the largest ICE raid [Laurel, MS, now holds that dubious title].  This tiny town in northern Iowa has largely been forgotten by politicians and lawmakers, if not the general public.  As life goes on and our courts begin to follow the new Flores-Figueroa ruling, it is vital that we make sure it is evenly applied.  There is an unpleasant aroma of injustice when the immigrants who worked in subhuman conditions were imprisoned five months and deported, while the employers were never made to stand accountable for their numerous employment violations [child labor laws, safety protocols, and pay] and look to walk on some of the harsher sanctions of identity theft and employing undocumented workers.

Rochester Day of Prayer

This evening, the Rochester Assembly of God Church held a local observance of the National Day of Prayer.  While meditative groups around the nation are gathered today to lift up peace, our nation’s economy, worldwide health, and the needy wherever they are, the celebration here in Rochester, MN, had a slightly different feel.  Among the normal reverends, pastors, and churchgoes, the Ghareeb family prayed alongside Scott Zaskey.  Zaskey is a Mayo One pilot who’s led medical flights and just completed a tour of duty in Iraq. (Christina Killion Valdez) The Ghareebs are a family from Baghdad whom my father-in-law Pat has been helping adjust to America.  They came last summer, after the father was kidnapped by al-Qaeda and freed.  Since arriving, they’ve been learning about American indoor shopping malls, driving big automobiles, English-as-a-Second-Language classes, and how to find a job in an awful recession. More Iraqi refugees are expected this year, and some have already arrived to this small Minnesota city.

I would like to add my voice to their prayer.  Knowing several refugee families from Somalia, Sudan, and Iraq, I would pray that we would come to realize that war can never create peace.  Recognizing conflict throughout the world, I pray that refugees from Haiti might be recognized in the United States, at least with Temporary Protected Status, until their country comes out of 70% unemployment and hurricane wreckage.  I pray that Liberians might not have to wait with bated breath every year to see if their TPS will be renewed or if they will be forced to return to a country in shambles (and as Charles Taylor still awaits his day in court).  I pray that we would all recognize in the words of Dr. King that we are all “caught up in an inescapable network of mutuality, tied up in a single garment of destiny.”

Do something.

April Showers bring May Flores Decision from the Supreme Court

Having spent much of this past semester writing and researching my Legal Writing brief at the University of Minnesota Law School, I became intimately acquainted with the aggravated identity theft statute 18 USC 1028A.  Today, almost a year since it was used to deport nearly 400 Latino immigrants after the ICE raid in Postville, the Supreme Court issued its decision on Flores-Figueroa vs. United States. Justice Breyer authored the opinion which explained that for aggravated identity theft, the defendant must have known they were misappropriating an actual person’s identity.  All too often in the past, 1028A was used as a catch-all statute to compound the sentences of unwitting immigrants who were given papers and had no knowledge that their Social Security numbers belonged to a real person.[Stout, David. "Supreme Court Rules Against Government in Identity-Theft Case"]

In Postville, for example, local sources state that the management of Agriprocessors actively provided such false documents for the immigrant workers from Central America.  Within a week of that raid in May of 2008, chained groups of immigrants were brought before a judge holding court in a trailer. They were told that they had stolen people’s Social Security numbers [a word few of them knew], and that they should accept the government’s offer of 6 months and then deportation.  Most took the deal, though they understood little English and even less about the complex American immigration system.[Stout, David. "Supreme Court Rules Against Government in Identity-Theft Case"]

Ignacio Flores-Figueroa was a Mexican immigrant working in an Illinois steel facility.  Unbeknownst to him, the papers he had procured bore the name and number of an actual person. When he was caught, Ignacio pled guilty to the immigration charges but refused to accept the aggravating sentence of identity theft.  While the 8th Circuit upheld the conviction, the Supreme Court’s decision today means that Ignacio will serve less time before he is deported.  However, this case, argued by Stanford University Law Professor Kevin Russell, will hopefully change, if not eliminate, ICE employer raids in the future. [Stout, David. "Supreme Court Rules Against Government in Identity-Theft Case"]  While real identity thieves will still be subject to the compounding sentencing of 1028A, vulnerable immigrants will no longer be forced to spend extra time in prison before returning to their families.  As Postville prepares for its first anniversary march of last year’s ICE raid, one can only think Flores-Figueroa came a year too late.

The Pulse of The United States – May 2009

Last night, I spent almost half an hour filling out the 2009 American Community Survey, part of the 2010 census.  As my wife and I filled it out, I wondered what the census would show this year.  Many predict that Minnesota will lose a seat in the House, that some serious redistricting will go on, and that the answers from the census will be analyzed and implemented in everything from political campaigns to television commercials.

Although the American public won’t get the results from the 2010 census for a while now, and when it does immigrants and minorities will still probably be underrepresented, this past week saw some encouraging polls released from the New York Times, CBS, ABC, and the Washington Post, just in time for the initiation of immigration reform discussion before the Senate Immigration Subcommittee on Thursday, April 30. (Belanger, Maurice). The New York Times and CBS polls asked:

Which comes closest to your view about illegal immigrants who are currently working in the U.S.: 1. They should be allowed to stay in their jobs, and to eventually apply for U.S. citizenship; OR 2. They should be allowed to stay in their jobs only as temporary guest workers, but NOT to apply for U.S. citizenship; OR 3. They should be required to leave their jobs and leave the U.S. [NYTimes]

44% said they favored allowing immigrants to stay and eventually apply for citizenship, while 21% said they should be allowed to stay in their jobs as temporary guest workers.  Refreshingly contrary to national pundits who typically pit African Americans against recent immigrants, 55% of African Americans favored allowing undocumented workers to stay and work, with only 19% stating they should be required to leave their jobs and the U.S. (Belanger, Maurice)

The Washington Post/ABC poll released on Thursday was similarly encouraging news.  The survey asked,

Would you support or oppose a program giving ILLEGAL immigrants now living in the United States the right to live here LEGALLY if they pay a fine and meet other requirements? [ABC]

61% said they favored allowing undocumented immigrants to continue to live here and have a viable path to citizenship.  Liberals supported this (70%), Democrats supported it (68%), Republicans and Independents supported it (59%), and moderates (63%) and conservatives supported it (56%). (Belanger, Maurice) Despite the repeated statements from nativists that this is a partisan issue and that humane immigration reform is contrary to rule of law in the United States, the poll speaks loudly that the majority of Americans are in favor of treating these new Americans humanely and reasonably.

With 73% of Americans under 30 supporting such legislation (compared to 42% of seniors), this comprehensive immigration reform seems to be the mandate of the future. As the Senate debates the finer points of specific immigration bills, it is highly encouraging to know that the American people have not caved in to nativist and xenophobic fears during this time of economic depression, but instead have chosen to recognize that as Dr. King said, we are all “inextricably linked in the garment of destiny.”