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Report: Unbalanced Immigration Enforcement Hurts All Workers’ Rights

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by James Parks, Oct 27, 2009

Photo credit: Joe Kekeris  
  Some of the Indian workers from the Signal International shipyard, who rallied in front of the White House in 2008, were singled out for investigation by immigration officials.  
 
   

When Josue Diaz, an immigrant worker and his co-workers protested the inhumane and illegal working conditions at a construction site in Texas, their employer called local police and the Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security. But the law enforcement officials didn’t enforce the workers’ rights or penalize the employer. They arrested the workers.

Diaz’s experience is not unusual. According to a new report released today, the federal government’s immigration enforcement in recent years—including a heavy reliance on raids and often inadequately trained enforcement agents—has severely undermined efforts to protect workers’ rights, which in turn harms both immigrant and native-born workers alike.

 The comprehensive report, “ICED OUT: How Immigration Enforcement Has Interfered with Workers’ Rights,” was prepared by the AFL-CIO, American Rights at Work and the National Employment Law Project (NELP). Drawing on case studies like Diaz’s from across the country, the report examines a series of alarming incidents between 2005 and 2008.

The report says the balance in enforcement measures that was the rule in the Clinton administration was badly eroded during the Bush years. The authors present a blueprint for how the new administration and federal agencies can restore that balance.

 Rebecca Smith of NELP, one of the report’s co-authors, told a press conference at AFL-CIO today that aggressive, military-style raids allows some unscrupulous employers to exploit workers who complain about conditions on the job. She said the Obama administration inherited this failed immigration policy and she hopes the report will serve as a guide for reform. 

Employers have been encouraged to violate wage and hour laws, [safety and health] requirements, and labor laws that protect collective bargaining rights. All workers, both immigrant and native born, are suffering from depressed core labor standards as a result.

Ana Avendaño, assistant to AFL-CIO President Richard Trumka, and a report co-author, pointed out that all U.S. workers suffer the consequences. By driving down labor standards to the lowest common denominator, it becomes harder to enforce laws and standards even for native-born workers.

 Focusing on raids and other types of immigration enforcement without regard to enforcement of labor and employment laws does not address what is really sustaining illegal immigration-the virtually unfettered ability of employers to exploit immigrant workers economically

Co-author Julie Martinez Ortega of American Rights at Work, added:

Simply put, there needs to be a better balance of communication between immigration and labor agencies, and it starts with heeding the policy that already exists, but is being ignored. There is a serious impact for the economy and for workers-both native and immigrant-when immigration enforcement overshadows the equally important goal of protecting labor rights.

Avendaño said the ultimate solution is a U.S. immigration policy that moves immigrant workers toward full citizenship and takes away the ability of employers to threaten deportation as a way to exploit workers for low wages and poor conditions. She reminded reporters that the AFL-CIO has endorsed principles for immigration reform that protect the rights of all workers. Written by former Labor Secretary Ray Marshall for the Economic Policy Institute (EPI), this approach also has been adopted by Change to Win.

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15 Comments

  1. andytheironworker on 27.10.2009 at 22:42 (Reply)

    You must be out of your mind to think that illegal immigrants should be given reforms so that they can be rewarded for breaking the law by entering this country illegally and than stealing AMERICAN jobs. You should hold your head in shame for even entertaining the thought of amnesty for people that have knowingly broken the law when they entered this country. If a man breaks the law by stealing your car or worst, raping your child, should he be granted amnesty because he entered this country illegally?

    I have ancestors that came to this country over 10, 000 years ago. These ancestors belonged to the race of people who should be known as the first Americans. This is their country.

    I also have ancestors that came to this country during the 1900s by means of a legal immigration. And guess what, my family’s 1900s immigrants learned English, the official language of the country they immigrated to.

    Instead of having your head up your butt worrying about illegal immigrants having undeserving rights and jobs you should devote your efforts to securing jobs for American citizen workers.

    Illegal immigration is a crime that must be stopped at all costs to protect American citizens and their jobs. Illegal immigrants drag down our economy with their free hospital visits, non payment of taxes, and doing union jobs at substandard rates. All illegal immigrants should be rounded up and sent back across the border tomorrow without any delay.

    P.S. STOP THE IMPORTATION OF CHINESE GOODS!!!

  2. Dr on 28.10.2009 at 08:21 (Reply)

    When did illegal aliens get worker rights,do you have any idea what illegal means.It means they are here stealing American jobs in the first place.Labor laws are passed to protect legal citizens.They do not say come here illegally protest in the streets because you are treated badly and we will protect you.Again the pro illegal AFL-CIO is looking at this from the wrong perpective.You seem to want to protect the people that have no right to be here over and above every legal citizen.Let them go home and protest working conditions in there own country where they should have started this kind of thing in the first place.

    1. Obamadobrasil on 28.10.2009 at 22:06 (Reply)

      I was one illegal, now i am an American citizen, i do not blame the one who get nervous about us inmigrants, because they are victims of American corporations, who wants control de government and the people almost the same way they control other people and nations.
      All the imnigrants should get together and take vacation and boycot all kind traveling for 2 weeks just to show how important is our contribution in USA…..

  3. jax on 28.10.2009 at 09:32 (Reply)

    Dr: Legalizing a split workforce with reform of this kind benefits all workers, by making sure that nobody is being undercut, and that bad employers aren’t outside the law. We need real solutions to the immigration crisis– deporting 12 million people doesn’t work. The status quo doesn’t work. Comprehensive immigration reform is a solution that actually works, and that actually benefits taxpayers and workers.

    Here’s to the AFL-CIO for fighting for standing up for it.

  4. Dr on 28.10.2009 at 10:16 (Reply)

    Jax on,who says we can’t deport them,what it cost to keep them here more than outways the cost of deportation.Besides I didn’t say deport them what I’m saying is don’t enable them.To me they are nothing more than SCABs.I’m building trades and for years I have watched them work behind our picket lines.Every plumber,carpenter,electrican and laborer,block layer and roofer in this country will tell you the same thing.I don’t see them trying to join any building trades locals.They don’t come to apply for apprenticeship or journeyman cards.Mainly because they don’t have enough education or experience to qualify.They are a primary cause of lower wages in this country.If you want to give them your job or childrens job its OK with me but don’t expect me to agree with you.

  5. ALL Workers Unite on 28.10.2009 at 10:31 (Reply)

    Dr, as a labor movement, attacking workers for defending their rights (and federal labor and employment law protects the rights of all workers) is totally backwards, counterproductive, and helps the bosses. Which side are you on? Labor unions fight to defend and improve workers’ rights, not immigration law. In fact, our immigration system is broken, that is why people come to work without papers.

    Our labor laws are also broken. And you want unions to focus their attention on going after unauthorizied workers? Silly. You don’t see the Chamber of Commerce going after employers that hire unauthorized workers, do you? We also don’t see our federal gov’t punishing employers for this, do you? That is one of the points of the article. There are two sets of laws being broken and the employer is involved in both and makes a good profit while their at it witout any liability. And you want to target the worker?

    I’m glad this report has been published. Maybe we’ll start enforcing labor and employement law and employers can’t exploit workers anymore. This would benefit all workers, right? Isn’t this the point for the existence of unions?

  6. MdeG on 28.10.2009 at 10:46 (Reply)

    Jax is right. Putting immigration status before workers’ rights is letting the bosses pit workers against each other. Don’t fall for it! If basic wage and hour protections are enforced for all, we’re all safer.

    Many migrants come from places where economies have been messed over by NAFTA’s removal of local union protections, by the arrival-and-departure of overseas assembly industry. You think NAFTA did a number on the US, you should look south. They got it even worse than we did, and guess who’s laughing all the way to the bank.

    I don’t know anybody who came here to “steal a job.” Most of teh undocumented folks came because they didn’t see any other options. The Bill of Rights applies to people, not to citizens, and I’m in favor of it.

  7. Dr on 28.10.2009 at 12:04 (Reply)

    Illegal aliens have no rights here.They are not citizens and they are believe it or not SCABs.Our immigration system is not broken it is unenforced and has been for decades.Wait until your on the picket line and illegal aliens walk across it to do your job and there is no way to stop it except for informational picketing or going to jail.

    1. W3 on 06.11.2009 at 15:13 (Reply)

      Hate to break it to ya, Doc, but anyone, regardless of whether they were born in this country or emigrated to this country, will take your job if you are on the picket line. The days of going on strike are becoming a thing of the past. Just recently, Boeing announced plans to build a new assembly line in Charleston, SC instead of the birthplace of Boeing in Everett, WA. This was mostly due to a 2-month strike by the International Association of Machinists (IAM) that cost the company over $2 billion in lost production. See related link for more details if you doubt my word:
      http://www.goiam.org/index.php/news/iam-news/6302-machinists-dispute-boeing-strike-concerns-

      The employees who are IAM members are going to lose there jobs in WA (unless they decide to make the 4000+ mile move to SC) just because they went on strike. Lovely. Keep on keepin’ on, Doc, and you will still be the last at the picket line, bitterly complaining about job losses while getting nothing done.

      With regards to illegal immigration, ICE and the DOL need to target the employer, not its employees for violating immigration laws. ALL Workers Unite has it right. The AFL-CIO should concentrate on labor laws, not immigration laws.

      What Would Jesus Do?

  8. Frisco Worker on 28.10.2009 at 12:52 (Reply)

    Mdeg is right on. We need to defend all workers in this country against attacks by the bosses. Recent union organizing victories in this country have been won BECAUSE of the immigrant workers. Many of the brothers and sisters from Central America have weathered struggles American workers only read about and they know who the enemy is and it is not there fellow worker no matter country he hails from.

    It is the duty of the trade unions in this country to not only organize the unorganized and defend immigrant rights because they go together.
    The bosses, throughout history going back to ancient times, have always pitted native born against the newly arrived. Better to keep them divided so they can screw us both. Any working man or woman attacking the immigrant worker is either ignorant of the facts or a reactionary and has no place in the trade unions. We should be linking up with our brothes and sisters who are being exploted to the max by AMERICAN capitalists who ran from union shops to third world countries to increase their bottom line.

  9. ChrisS on 28.10.2009 at 19:27 (Reply)

    Everyone seems to forget that many of these illegal workers have taken jobs away from Americans. They do NOT have rights as workers. All labor laws only apply to those who are working here legally. We have millions of unemployed Americans who would love to save their house from foreclosure and put food only their table by working at good paying construction job. It would set a devastating precedent to start affording rights to illegal workers. We need to lobby Congress to fund eVerify to protect our AMERICAN brothers and sisters.

  10. tim070 on 28.10.2009 at 22:58 (Reply)

    I can’t believe that the AFL-CIO should suggest that people that violate our laws of this country should then somehow be protected under the laws of this country. It seems that the AFL-CIO should begin to worry more about increasing the wages of the union workers who have lost ground due the ever increasing illegal workforce in the states most affected. How can an organization that claims to represent unions, suggest that the best way to increase our wages is to flood the market will illegal labor? Its simple supply and demand wages go up when demand is high and supply is limited, unions need to use the same strategy as big oil.
    It doesn’t matter what country they come from, they have decided to break the law, no matter if their struggles have been difficult. Would you feel the same way if a SCAB RAT crosses the picket line to take your job, because he needed to work to support his poor family? Do you have the same compassion for the citizens of this country that would cross the picket line for your job, would you say oh he needs the job more then me go ahead and take it. Don’t give me that crap they aren’t here to take your job.

    It doesn’t take a rocket scientist to know that companies will exploit their workforce, it is certainly why we have lost so many jobs to third world countries, but they will come back to the U.S. when this country is overflowing with cheap labor. So if that is what we want, to have our standard of living drop below Bangladesh then just watch the cheap unskilled labor roll in.

  11. IllegalsGoHome on 29.10.2009 at 00:28 (Reply)

    What a load of BULL! Who do these people think they’re fooling? I ’smell’ LaRaza or MALDEF and/or some other pro-illegal groups at work here!

    Word to the (not) so wise: If you’re in this country illegally the only ‘right’ you have is the right to leave. And as a CITIZEN of this country I, and millions of my fellow citizens and other LEGAL residents, would appreciate your doing just that. And we’d like you to do it sooner rather than later.

    If you’re in this country illegally YOU ARE NOT WELCOME here! You DO NOT have the right to demand ANYTHING! If you come to this country illegally and don’t like the way you’re treated here TOUGH! GO HOME! And unlike when you’re ’stealing’ in we won’t try to stop you when you’re leaving.

  12. alexs9 on 30.10.2009 at 20:26 (Reply)

    Tell me who gains from these raids? no one. Everyone loses. Families are separated and people live in fear, even those who work legally suffer from all of this non-sense. An immigration reform is in need and I have hope that this administration will heal this wound in our immigration policy. People should never be punished for wanting a better life and working hard towards it.

  13. grace on 01.11.2009 at 18:32 (Reply)

    Report: Unbalanced Immigration Enforcement Hurts All Workers’ Rights

    Okay, balance out the enforcement — DEPORT ALL ILLEGALS ASAP. Apply immigration laws across the board, to the letter.

    The AFL-CIO is its own worse enemy. Its a hypocrit. The AFL-CIO “jumps up and down” wanting labor laws enforced but when it comes to other laws, the AFL-CIO says it’s okay to break them.

    The AFL-CIO does not have the manpower nor resources to properly protect the LEGAL workers so the should not be spreading themselves so thin and giving themselves a black eye by defending clear and habitual lawbreakers.

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