The Guest Worker Gaffe

In my first immigration column on JackBlog -- a posting that unleashed a lengthy, and at times hateful, dialogue about immigration -- I had initially intended to discuss one aspect of the proposed (and since failed) immigration reform bill: the guest worker program. The Southern Poverty Law Center released an in-depth report on that program, which many have compared to modern-day slavery, on the eve of the bill's failure. The report sheds some light on one of the darkest aspects of the bill, and helps explain why some -- who were not virulently anti-immigrant -- were actually against many of the bill's provisions.

Here is an excerpt from the report's summary:

In his 2007 State of the Union Address, President Bush called for legislation creating a "legal and orderly path for foreign workers to enter our country to work on a temporary basis." Doing so, the president said, would mean "they won't have to try to sneak in." Such a program has been central to Bush's past immigration reform proposals. Similarly, recent congressional proposals have included provisions that would bring potentially millions of new "guest" workers to the United States.

What Bush did not say was that the United States already has a guestworker program for unskilled laborers — one that is largely hidden from view because the workers are typically socially and geographically isolated. Before we expand this system in the name of immigration reform, we should carefully examine how it operates.

Under the current system, called the H-2 program, employers brought about 121,000 guestworkers into the United States in 2005 — approximately 32,000 for agricultural work and another 89,000 for jobs in forestry, seafood processing, landscaping, construction and other non-agricultural industries.

These workers, though, are not treated like "guests." Rather, they are systematically exploited and abused. Unlike U.S. citizens, guestworkers do not enjoy the most fundamental protection of a competitive labor market — the ability to change jobs if they are mistreated. Instead, they are bound to the employers who "import" them. If guestworkers complain about abuses, they face deportation, blacklisting or other retaliation.

Federal law and U.S. Department of Labor regulations provide some basic protections to H-2 guestworkers — but they exist mainly on paper. Government enforcement of their rights is almost non-existent. Private attorneys typically won't take up their cause.

Bound to a single employer and without access to legal resources, guestworkers are:

* routinely cheated out of wages;

* forced to mortgage their futures to obtain low-wage, temporary jobs;

* held virtually captive by employers or labor brokers who seize their documents;

* forced to live in squalid conditions; and,

* denied medical benefits for on-the-job injuries.

posted by L.W. on 07/12/07 at 03:36 PM