Workplace Immigration Enforcement Trampled On Workers' Rights, Report Says
By Diego Graglia &bull 10/27/09 • Categorized as Immigration News 
Workplace raids by immigration authorities have “severely interfered with the protection of labor rights for immigrant workers,” according to a new report released Tuesday by labor organizations.
A July 27, 2008, pro-immigration reform march in Postville, Iowa, in support of workers at Agriproccessors plant. (Photo: Prairie Robin/Flickr)
“The single-minded focus on immigration enforcement without regard to violations of workplace laws has enabled employers with rampant labor and employment violations to profit by employing workers who are terrified to complain about substandard wages, unsafe conditions, and lack of benefits, or to demand their right to bargain collectively,” reads the report prepared by the National Employment Law Project, the AFL-CIO, and the American Rights at Work Education Fund (click here for pdf).
The report comes as the Obama administration has continued many of the Bush-era enforcement policies, although work-site raids have been scaled back since the Democrats took over in January. Nevertheless, local police forces with immigration enforcement powers –like Maricopa County (Arizona) Sheriff Joe Arpaio, whose federal contract was scaled back– had until recently continued to conduct these operations.
The labor groups said immigration enforcement must be balanced with enforcement of labor standards, so that the “perverse economic incentives” that lead to the employment of undocumented immigrants are removed and workers’ rights are protected.
The opposite has happened, according to the document.
“This report shows that in too many instances, Immigration and Customs Enforcement (ICE) worksite raids have prevented meaningful enforcement of labor standards for all workers.
“ICE actions have created incentives for shady employers to continue hiring and abusing undocumented workers, since the deportation of their employees may excuse those employers from complying with labor laws.”
Work-site raids became common during the Bush administration, especially in rural areas where poultry and meat processing plants and other manufacturing facilities were popular targets for ICE. One particularly controversial raid took place in May 2007 at a plant in Postville, Iowa, which became a poster child for the persecution of immigrant workers.
The scenes of massive raids where dozens or hundreds of workers were lined up to be processed –and sometimes, speedily deported– have not been repeated under President Obama. But the administration has not sworn off raids either. It seems to prefer a different approach that forces companies to prove they haven’t hired people who are not authorized to work in the U.S. — leading to hundreds of layoffs at some companies.
Tuesday’s report says ICE has conducted operations even at companies “where workplace disputes exist.”
“The government has trampled on the labor rights of workers,” it adds.
The report’s authors recommend that the Obama administration create a task force to oversee new policies to ensure a balance between labor rights and immigration enforcement and that ICE take measure to not interfere when there are labor disputes.
Wake up. It doesn’t matter if the employer is violating labor laws, they should NOT BE EMPLOYING ILLEGAL ALIENS!! So why don’t the illegals report the employers? Oh, that’s right, they’ll get fired if they do! SOunds like the illegals and low-life employeres are made for one another.
Dear Halibut,
I think labor advocates are trying to get across a similar point: since undocumented workers cannot report labor violations, those employers get away with committing them, and this ends up lowering the standards for everyone, not only undocumented workers.
Thanks for your comment.
Diego Graglia
Feet in 2 Worlds
If you live a life in the shadows, breaking the law, stealing social security numbers, exploiting a system that wasn’t put in place for you, expect your life not to be perfect. The American Dream cannot be stolen. We have 15 million unemployed U.S. citizens and legal residents, and you wonder why it’s hard for us to care about people who sneak into our country like thieves in the night. If you don’t like your working conditions, go back to your own country.
Get rid of the illegals and we won’t have any broken labor laws.
Illegals are the ones that work the hardest in this country. And Kelly yea illegals dont like their working conditions but they have no choice at least they keep trying hard and work many hours just to pay to live under a roof and feed their family. Do you think if there were better circumstances in Mexico they would be here? I dont think so Americans should take it as a compliment that many immigrate to this country implying that they like America and come here to pursue the american dream.So dont be complaining about illegals when Americans themselves brake many more laws thamn illegals. When they “broke the law” to come here it was for a good reason, to work hard and give their families a better life and people like you try to make illegals the bad guys?! I DONT THINK SO!!!
Stephanie & other commenter’s,
While I can somewhat sympathize with what you’re saying, I don’t agree with it.
If they didn’t “like” America, they would not be here. It seems that most come here for what they like, which is easy money amongst other things. Just like we Americans do, myself included.
In a way, we need them. Americans are lazy and proud. Naturally, I’m making a generalization. Not every American, me included is lazy. (smile) There are jobs, and Americans would get hired if they just wanted to work. Instead, they have the perception that they are ‘better’ then ‘that’ and instead, remain unemployed. Meanwhile, landscaping companies for example are paying for work visas so those wanting to come LEGALLY can do so.
Realistically, it really doesn’t matter if the illegal or legal immigrant is from Mexico, Africa or the Moon. No human should be treated unfairly by their employer. The employers should be ashamed of themselves, instead, the greed that pushes us all to succeed in life often gets the better of them.
Since we don’t live in a perfect, much less realistic world more often than not, sometimes, though not ethical, there are questionable consequences for those illegals. While I would both pray and hope I would never treat an immigrant disrespectfully, sadly, there are those that do.
Though I wish no harm on anyone, I am a firm believer that what goes around will come around. One way or another.