Podcast
Transcription
HEAD-DOWN EPISODE 1 TRANSCRIPT
PRODUCED BY FUTURO INVESTIGATES AND LATINO USA
[FUTURO INVESTIGATES SONIC ID]
FERNANDA ECHAVARRI: HEY, TODAY’S EPISODE IS THE SECOND IN OUR TWO-PART SPECIAL HEAD DOWN. SO WE RECOMMEND THAT IF YOU HAVEN’T LISTENED TO PART ONE, YOU PRESS PAUSE AND GO BACK TO YOUR FEED AND LISTEN TO EPISODE 1. IN NOVEMBER 2021, THE DEPARTMENT OF JUSTICE REVEALED THE RESULTS OF A THREE-YEAR INVESTIGATION IN SOUTHEAST GEORGIA. IT WAS CALLED OPERATION BLOOMING ONION…
[TAPE NEWS REPORTS]: TWO DOZEN PEOPLE HAVE BEEN INDICTED AFTER THE FEDS BUSTED WHAT THEY CALL A MODERN DAY SLAVERY RING…
…THE DEFENDANTS ARE ACCUSED OF FORCING MEXICAN AND CENTRAL AMERICAN MIGRANT WORKERS TO DIG FOR CROPS BAREHANDED AT GUNPOINT.
THE WORKERS WERE HELD IN CRAMPED UNSANITARY QUARTERS AND FENCED WORK CAMPS WITH LITTLE OR NO FOOD, LIMITED PLUMBING AND WITHOUT SAFE WATER.
FERNANDA: THE GOVERNMENT ALLEGED TWO MIGRANTS DIED AND OTHERS WERE RAPED. THEY WERE LEGALLY-WORKING HERE. PROSECUTORS SAID THE MIGRANTS WERE RECRUITED AND ENSLAVED BY U.S. EMPLOYERS WHO TOOK ADVANTAGE OF THEM, THROUGH A GOVERNMENT PROGRAM FOR TEMPORARY WORKERS. THE PROGRAM THAT GIVES THEM VISAS CALLED H-2A IS SUPPOSED TO HAVE OVERSIGHTS IN PLACE TO KEEP THESE THINGS FROM HAPPENING. BUT ACCORDING TO PROSECUTORS, THE LABOR CONTRACTORS-TURNED-CRIMINALS FRAUDULENTLY OBTAINED TENS OF THOUSANDS OF THESE H-2A VISAS FOR WORKERS IN A PERIOD OF FIVE YEARS. ALLEGEDLY, IN ADDITION TO ALL OF THE HORRENDOUS PHYSICAL AND EMOTIONAL ABUSE, THE WORKERS GOT LITTLE TO NO PAY. AND IN MANY CASES THEY WERE SOLD –YES, YOU HEARD THAT RIGHT– THEY WERE SOLD TO WORK IN OTHER FARMS.
VOICE: THE CONSTRUCT OF SLAVERY MAY HAVE BEEN TAKING A NEW FORM, BUT STORIES SUCH AS THESE OUT OF SOUTH GEORGIA ARE A STARK REMINDER THAT SLAVERY IS STILL ALIVE TODAY.
FERNANDA: THIS CASE IS EXTREME AND RARE. BUT WE FOUND THAT THE H-2A PROGRAM IS ACTUALLY PLAGUED WITH SYSTEMIC PROBLEMS. AND EVEN PEOPLE WHO WORK IN THE GOVERNMENT ADMIT IT. LIKE MIKE RIOS, FROM THE DEPARTMENT OF LABOR.
MIKE RIOS: IF YOU HAVE HALF A BRAIN YOU CAN SEE THAT THE H -2A PROGRAM LITERALLY IS THE PURCHASE OF HUMANS TO PERFORM DIFFICULT WORK UNDER TERRIBLE CONDITIONS, SOMETIMES, INCLUDING SUBHUMAN LIVING CONDITIONS.
FERNANDA: FROM FUTURO INVESTIGATES AND LATINO USA, IN COLLABORATION WITH PRISM, I’M FERNANDA ECHAVARRI, IN FOR OUR HOST MARIA HINOJOSA. TODAY, WE BRING YOU PART TWO OF HEAD DOWN. WHERE WE’LL TAKE A CLOSER LOOK AT HOW, FROM ITS VERY BEGINNING, THE H-2A VISA PROGRAM WAS LARGELY SET UP TO FAIL FOREIGN WORKERS. FOR YEARS, TINA VASQUEZ, EDITOR-AT-LARGE AT PRISM, AND I HAVE BEEN LOOKING INTO THE FEDERAL H-2A PROGRAM.
TINA VAZQUEZ:: WE’VE BEEN FOLLOWING ITS EXPLOSIVE GROWTH AND REPORTING ON THE ABUSE THAT OFTEN HAPPENS INSIDE OF IT.
FERNANDA: LAST WEEK WE BROUGHT YOU THE STORY OF TWO FORMER MIGRANT WORKERS AND FRIENDS WHO CAME HERE AS PART OF THE PROGRAM AND ENDED UP BEING TRAFFICKED. IT WAS SO BAD THEY HAD TO ESCAPE THEIR LABOR CAMP IN NORTH CAROLINA.
FERNANDA: WE ALSO WENT TO MEXICO TO THE HUB FOR THESE H-2A VISAS AND INVESTIGATED THE ROLE THAT THE RECRUITER PLAYS… A VERY SKETCHY MIDDLEMAN BETWEEN THE MIGRANTS AND THE FARMS.
TINA: FOR THIS EPISODE, WE’LL BRING YOU THE RESULTS OF OUR INVESTIGATION INTO MILLIONS OF DOLLARS OWED TO FARMWORKERS. AND WHY THESE FUNDS END UP IN THE US GOVERNMENT’S HANDS.
FERNANDA: WE’LL TELL YOU THE STORY OF TWO BROTHERS WHO SPOKE UP AGAINST UNSAFE WORKING CONDITIONS AND SUFFERED GRAVE CONSEQUENCES.
TINA: AND YOU’LL HEAR FROM GOVERNMENT OFFICIALS CLOSE TO THE PROGRAM…WHO ARE SURPRISINGLY CANDID ABOUT WHAT THE U.S. IS DOING WRONG AND COULD DO BETTER.
FERNANDA: AND ALL OF THIS AS THE BIDEN ADMINISTRATION IS PREPARING TO EXPAND THE H-2A PROGRAM WITHOUT FULLY REFORMING IT FIRST. BEFORE WE GO ANY FURTHER, LET’S HAVE A QUICK REFRESHER ON HOW IT WORKS. IT HAS BECOME A LIFELINE FOR U.S. FARMERS. IT IS THANKS TO MIGRANT WORKERS COMING EVERY YEAR THAT WE GET ENOUGH LABOR SUPPLY TO HAVE FRUITS AND VEGETABLES ON OUR TABLES. WHY MIGRANT WORKERS? WELL, IT’S GRUELING WORK — SPENDING HOURS UNDER THE SCORCHING SUN, BENDING YOUR BACK OVER AND OVER AND OVER AGAIN, AT TIMES WORKING FOR LESS THAN MINIMUM WAGE, EXPOSING YOUR BODY TO PESTICIDES AND EXTREME WEATHER… ALL IN AN INDUSTRY KNOWN FOR DANGEROUS WORKING CONDITIONS AND LACK OF REGULATIONS. SO AS YOU CAN IMAGINE, FOR A VERY LONG TIME NOW, U.S. CITIZENS HAVE BEEN AVOIDING THIS TYPE OF WORK.
NEWS ARCHIVE: IT’S BEEN A CHALLENGE FOR MANY FARMERS IN EERIE COUNTY TO HIRE WORKERS TO COLLECT STRAWBERRIES AND ALL OTHER KINDS OF FRUITS AND VEGETABLES BUT SOME FARMERS LIKE JOHN MASON OWNERS OF MASON FARMS WONT HAVE TOO MUCH OF A STRUGGLE BECAUSE HE IS USING PLAN B FOREIGN WORKERS ALSO KNOWN AS H-2A
JOHN MASON: I GET YELLED AT WHEN PEOPLE KNOW THAT WE HAVE MEXICANS WORKING FOR US, THAT THEY SAY, UH, YOU KNOW, YOU’RE STEALING AMERICAN JOBS. NOW WE’RE FILLING JOBS THAT AMERICANS REFUSE TO WORK AT ANYMORE.
FERNANDA: SO, THE U.S. GOVERNMENT TRIED TO MAKE FARMERS’ LIVES EASIER BY FACILITATING A PROCESS IN WHICH FOREIGN WORKERS COULD COME HERE. AND THAT’S HOW THE H-2A PROGRAM WAS CREATED IN 1986. FAST FORWARD TO TODAY, THE U.S. IS ISSUING MORE H-2A VISAS THAN EVER BEFORE. IN MEXICO, WHERE 90 PERCENT OF H-2A WORKERS COME FROM, A STAGGERING QUARTER OF A MILLION VISAS WERE ISSUED JUST LAST YEAR. SO THOSE JOBS THAT U.S. CITIZENS DON’T WANT TO DO, MEXICANS ARE DOING MORE AND MORE.
TINA: IN THEORY, EMPLOYERS MUST COMPLY WITH SPECIFIC LAWS AND REGULATIONS, LIKE PROVIDING WORKERS HOUSING AND MEALS, PAYING FOR THEIR VISAS, AND BASIC WAGES. BUT IN PRACTICE, THESE LAWS ARE REGULARLY VIOLATED.
FERNANDA: AND HERE’S SOMETHING ELSE: LATELY, MEMBERS OF CONGRESS HAVE TALKED ABOUT EXPANDING THE H-2A PROGRAM TO DEAL WITH ISSUES LIKE INFLATION…
NEWS: FARMERS AND RANCHERS HAVE BEEN TELLING THEM THAT THEY DON’T HAVE ENOUGH FARM WORKERS IN THE UNITED STATES THAT IS HEAVILY CONTRIBUTING TO THE INCREASE IN FOOD PRICES.THE BIPARTISAN GROUP OF LAWMAKERS PROPOSES EXPANDING THE H TWO A VISAS.
FERNANDA: THEY WANT TO MAKE THE PROGRAM BIGGER TO STOP INFLATION, AND THE WHITE HOUSE WANTS TO EXPAND IT TO CURB MIGRATION AND REDUCE HUMAN TRAFFICKING. HERE’S VICE PRESIDENT KAMALA HARRIS IN GUATEMALA, DURING AN OFFICIAL VISIT IN 2021.
KAMALA HARRIS: WHEN WE SEE SOME OF THE MOST VULNERABLE IN OUR COMMUNITIES TAKING ADVANTAGE OF BEING SOLD FOR PROFIT, BEING ABUSED, IT SHOULD BE A PRIORITY FOR ALL OF US WHO CARE ABOUT THE HUMAN CONDITION AND HUMANITY.
FERNANDA: EXCEPT WE KNOW THAT THERE IS HUMAN TRAFFICKING IN THE H TWO A PROGRAM. REMEMBER OPERATION BLOOMING ONION AT THE TOP OF THE EPISODE?
BLOOMING ONION: THE DOCUMENTS ALSO ALLEGE THE MIGRANTS WERE REPEATEDLY RAPED. AS IF THAT’S NOT ENOUGH, THE CONSPIRATORS OFTEN SOLD AND TRADED THE HUNDRED PLUS WORKERS AMONGST THEMSELVES.
FERNANDA: AND ALL OF THIS IS CONNECTED TO SOMETHING DEEPER – OUR COUNTRY’S HISTORY.
ARCHIVE: THIS IS THE VANGUARD OF 1500 MEXICANS BROUGHT TO THE STATES BY THE FARM SECURITY ADMINISTRATION. MOST ARE LABORERS, ALL OF THEM ARE BACHELORS.
FERNANDA: FOREIGN WORKERS HAVE BEEN BUILDING AND FEEDING THIS COUNTRY FOR CENTURIES. BUT THERE’S A SPECIFIC MOMENT IN HISTORY THAT DIRECTLY CONNECTS WITH THE H-2A PROGRAM AS WE KNOW IT TODAY… …THE BRACERO PROGRAM, CREATED IN 1942.
ARCHIVE: THE TERM MOST COMMONLY USED IS BRACEROS. IN SPANISH THIS MEANS A MAN WHO WORKS WITH HIS ARMS AND HANDS.
TINA: THE U.S. AND MEXICAN GOVERNMENTS SIGNED AN AGREEMENT TO BRING YOUNG LABORERS TO U.S. FIELDS DURING AND AFTER WORLD WAR II.
ARCHIVE: ALL SUCH FARM JOBS WHICH ARE TOUGH, DIRTY OR UNPLEASANT ARE GENERALLY REFERRED TO AS STOOP LABOR. IT ISN’T EASY TO FIND MEN WILLING TO TAKE ON SUCH UNDESIRABLE KINDS OF WORK.
TINA: THEY CAME TO REPLACE THE MILLIONS OF MEN WHO WERE DEPLOYED TO THE WAR. YES, MEXICAN WORKERS DOING WHAT AMERICANS COULDN’T DO.
FERNANDA: BETWEEN 1942 AND 1964, FOUR POINT SIX MILLION CONTRACTS WERE SIGNED THROUGH THIS BRACERO PROGRAM. IN THE DECADES AFTER THE PROGRAM ENDED, BRACEROS SHARED THEIR STORIES OF WAGE THEFT AND ABUSE.
ARCHIVAL VICTOR BRACERO: YA NO MÁS NOS TAPÁBAMOS ACÁ, PERO ENCUERADOS. PARA PASAR ADONDE NOS IBAN A FUMIGAR, BIEN FUMIGADOS AHÍ Y TODO.
FERNANDA: THAT’S VICTOR ALEMAN SPEAKING FOR THE BRACERO PROJECT, WHICH DOCUMENTS ORAL TESTIMONIES FROM FORMER BRACEROS. HE DESCRIBED THE HUMILIATION HE FELT AT THE HANDS OF US OFFICIALS AT THE BORDER. THEY FORCED WORKERS TO STRIP AT PROCESSING CENTERS BEFORE CROSSING AND SPRAYED THEM WITH PESTICIDES THAT ARE NOW CONSIDERED CARCINOGENS. FAST FORWARD TO 1986, WHEN THE H-2A PROGRAM WAS CREATED, MUCH OF THE BASIS FOR IT CAME FROM THE BRACERO PROGRAM. HERE’S FORMER PRESIDENT RONALD REAGAN SPEAKING TO FARMERS THAT YEAR.
ARCHIVAL TAPE – REAGAN: WE’LL BE GIVING FARMING BACK TO THE FARMERS. . SO WHILE TIMES MAY BE TOUGH, THE FUTURE FOR AMERICAN FARMERS, YOUR FUTURE I THINK LOOKS BRIGHT
FERNANDA: BUT TO REALLY UNDERSTAND THE LEGACY OF RACISM AND EXPLOITATION IN THE U.S. AGRICULTURAL INDUSTRY, WE NEED TO GO EVEN FURTHER BACK. TO THE FAIR LABOR STANDARDS ACT, WHICH BECAME LAW NEARLY A CENTURY AGO, WHEN FRANKLIN D. ROOSEVELT WAS PRESIDENT.
ARCHIVAL TAPE – ROOSEVELT: WHAT WE ARE TRING TO GIVE TO THE WORKERS OF THE COUNTRY A MORE FAIR WAGE TO RETURN TO PREVENT CUTTHROAT COMPETITION, TO PREVENT UNDULY LONG HOURS FOR LABOR.
FERNANDA: THIS LAW FUNDAMENTALLY CHANGED WORKING CONDITIONS IN THE U.S., IT GAVE US A MINIMUM WAGE, A 40-HOUR WORK WEEK, OVERTIME PAY –YOU KNOW, THE GOOD STUFF. BUT THESE BENEFITS DIDN’T APPLY TO FARMWORKERS –WHO AT THE TIME IN THE SOUTH WERE OVERWHELMINGLY BLACK. IN FACT, YOU CAN DRAW A STRAIGHT LINE FROM SLAVERY, TO THE FAIR LABOR STANDARDS ACT, TO THE CONDITIONS WE CONTINUE TO SEE IN AGRICULTURE TODAY. NEARLY A CENTURY LATER, FARMWORKERS ACROSS THE U.S., MOSTLY LATINO IMMIGRANTS NOW, ARE STILL DENIED EVEN THE MOST BASIC FEDERAL PROTECTIONS, SUCH AS WATER BREAKS OR ACCESS TO SHADE IN EXTREME HEAT. FOR MANY FAMILIES, THE EFFECTS OF THESE RACIST EXCLUSIONS ARE REAL, THEY’RE TANGIBLE. ON THE DAY WE WERE SETTING UP TO RECORD THIS EPISODE, TINA BROUGHT UP HER UNCLE.
TINA: SO MY UNCLE SALVADOR, UM, HE DIED PRETTY YOUNG,
FERNANDA: I’M SORRY…
TINA: OF CANCER. AND I DIDN’T PUT IT TOGETHER UNTIL LATER THAT IT MIGHT HAVE BEEN RELATED TO THE WORK THAT HE DID. BUT ALL OF THAT IS JUST TO SAY, SO I HAVE THIS COUSIN AND, I STARTED TO REPORT ON THIS STORY AROUND THE TIME THAT SHE AND I WERE RECONNECTING AGAIN A LOT AND…WE WERE ABLE TO VERIFY THAT, HER DAD WAS IN THE BRACERO PROGRAM.
FERNANDA: OH, WOW.
TINA: SO I ALWAYS HAD A LOT OF QUESTIONS LIKE, OH, HOW DID THAT HAPPEN?
FERNANDA: DO YOU HAVE MEMORIES OF YOUR UNCLE SALVADOR?
TINA: I JUST REMEMBER HIM COMING OVER… ON THE WEEKENDS, I THINK, AND HAVING THESE LIKE, HUGE CRATES OF GRAPES AND THEY WERE GIANT GRAPES, THAT KIND, THAT HAD LIKE A LOT OF SEEDS IN THEM, BUT HE WOULD BRING US THESE HUGE CRATES AND I, I HAD NO IDEA WHY. I DON’T THINK I PUT IT TOGETHER AS A KID. LIKE, OH, HE PICKED THESE, YOU KNOW?
FERNANDA: THE FIRST PERSON I EVER MET THAT WORKED IN THE BRACERO PROGRAM WAS WHEN I WAS A ROOKIE REPORTER FOR A LOCAL NEWSPAPER IN SOUTHERN ARIZONA IN LIKE 2009. IT WAS WHEN THE MEXICAN GOVERNMENT FINALLY, AFTER YEARS OF LITIGATION, AGREED TO GIVE MONEY BACK TO THE WORKERS THAT MEXICO HAD KEPT 10% OF THEIR WAGES FOR DECADES. THAT WAS THE SORT OF INCENTIVE FOR THE WORKERS TO COME BACK, RIGHT, GO TO THE U.S, DO THIS WORK. AND THEN MEXICO SAID, WE’LL KEEP 10% OF YOUR WAGES FOR WHEN YOU COME BACK, AND THEN WE’LL GIVE THEM TO YOU. WELL, THAT DIDN’T HAPPEN. THE WORKERS DIDN’T SEE THOSE PESOS, YOU KNOW, FOR DECADES. THERE WAS AN OLDER MEXICAN MAN THAT HAD BEEN A BRACERO. AND I REMEMBER GOING INTO HIS HOME, AND HE WAS SITTING THERE TALKING TO ME AND I COULD JUST SEE… HOW HIS HANDS WERE THE HANDS OF A WORKING MAN, OF A MAN THAT WORKED THE FIELDS, THAT GAVE HIS YOUTH, THAT GAVE HIS LIFE TO THE, TO HARVESTING OUR VEGETABLES AND OUR FRUITS HERE IN THE UNITED STATES, AND I THINK ABOUT HIM WHEN, WHEN WE’RE TALKING ABOUT THE H-2A PROGRAM TODAY. I ALWAYS THINK ABOUT HIM.
FERNANDA: THE STOLEN WAGES, THE MISTREATMENT, IT’S EASY TO SEE THAT NOT MUCH HAS CHANGED. WHEN I FIRST MET THE TWO BROTHERS FROM GUANAJUATO IN THE SPRING OF 2018, THEY ASKED ME TO KEEP MY AUDIO RECORDING EQUIPMENT PACKED UP WHEN I PULLED UP TO THEIR HOME. THEY WANTED ME TO BE DISCREET BECAUSE THEY DIDN’T WANT THEIR NEIGHBORS IN THEIR SMALL TOWN TO KNOW THEY WERE TALKING TO REPORTERS. THEY ALSO ASKED THAT WE PROTECT THEIR IDENTITIES OUT OF FEAR FOR THEIR LIVELIHOODS.
GUANAJUATO BROTHERS: YB:AQUI HEMOS TRATAMOS DE SOBREVIVIR EN ESTE PUEBLO
FERNANDA: THE OLDEST IS IN HIS LATE 30S. HE’S SOFT SPOKEN AND SUPER POLITE. THE YOUNGEST, IS IN HIS EARLY 30S, AND MUCH CHATTIER. HE HAS A WIFE AND TWO KIDS.
GUANAJUATO BROTHERS: DE AQUÍ SOMOS. Y AQUÍ HEMOS VIVIDO (FADE UNDER) TODO…
FERNANDA: THEY STARTED WORKING IN THE FIELDS IN THEIR HOMETOWN IN THEIR LATE TEENS WHEN THEY HAD TO STOP GOING TO SCHOOL TO BRING MONEY HOME. THEY DID THAT FOR OVER A DECADE… SO THEY WERE SKILLED FARMWORKERS BY THE TIME THEY FIRST TRAVELED TO THE UNITED STATES THROUGH THE H2A PROGRAM TO DO SIMILAR WORK BUT FOR A MUCH HIGHER PAY.
GUANAJUATO BROTHERS: ME TUVE QUE METER A TRABAJAR AL CAMPO COMO DESDE LOS 17, DIECISÉIS AÑOS.
FERNANDA: IN 2017 THEY ENDED UP IN THE PACIFIC NORTHWEST, WORKING FOR THE BIGGEST BLUEBERRY PRODUCER IN THE COUNTRY, BUT THEIR TIME IN THE H-2A PROGRAM DIDN’T END WELL… THEY DIDN’T FALL IN LINE WITH THE UNSPOKEN RULE THAT FARM WORKERS KEEP THEIR HEADS DOWN, DO THE WORK, AND DON’T COMPLAIN. THEY SPOKE UP. THE BROTHERS ARRIVED IN WASHINGTON STATE’S PICTURESQUE TOWN OF SUMAS NEAR THE CANADIAN BORDER JUST AT THE START OF THE BLUEBERRY PICKING SEASON. WAS IT WHAT YOU EXPECTED? WHAT YOU WERE PROMISED I ASKED?
GUANAJUATO BROTHERS: NO. LA VERDAD, NO. DESDE AQUÍ TE PROMETEN MÁS QUE NADA, PUES DEL TRABAJO QUE ES A LO QUE POR LO QUE UNO VA Y DE LA COMIDA. ESTE ESTAR BIEN ALLÁ Y PUES NO
FERNANDA: THE DETAILS OF WHAT THE BROTHERS SAY HAPPENED TO THEM THAT SUMMER IN WASHINGTON WERE ALLEGED IN A CLASS ACTION LAWSUIT AGAINST SARBANAND, THE FARM WHERE THEY WORKED, AND A RELATED COMPANY, MUNGER BROTHERS.
JOE: THE EXPECTATION WAS THEY WERE TO BE IN THE FIELDS EVERY SINGLE DAY WORKING UNLESS THEY WERE ON THEIR DEATHBEDS.
FERNANDA: THAT’S JOE MORRISON, AN ATTORNEY WITH COLUMBIA LEGAL SERVICES BASED IN WASHINGTON STATE.
JOE: THAT SENT A CHILLING MESSAGE TO THE WORKERS THAT BASICALLY THERE NO SICK DAYS
FERNANDA: JOE REPRESENTED THE BROTHERS AND ABOUT 500 OTHER WORKERS IN THE LAWSUIT THAT ALLEGED SARBANAND VIOLATED FEDERAL ANTI-TRAFFICKING LAWS AND USED CONSTANT THREATS AND INTIMIDATION AGAINST H-2A FARMWORKERS. THE WORKERS WERE MOSTLY FROM RURAL AREAS IN MEXICO. AND ACCORDING TO THE LAWSUIT, WHEN THEY NEEDED TO TAKE A BREAK FROM THE SUN, OR TO EAT A SNACK, THEIR MANAGERS THREATENED TO FIRE THEM IF THEY DIDN’T IMMEDIATELY GET BACK TO WORK…
JOE: EVEN THOUGH IT WAS RECORD TEMPERATURES IN 2017 AND THERE WERE ALSO SMOKE FROM NEARBY FOREST FIRES.
FERNANDA: AND THOSE TEMPERATURES WOULD PROVE DEADLY.
PROTEST BROTHERS: ESTÁ MUY GRAVE EL COMPAÑERO, OCUPAMOS AYUDA, YO PIENSO QUE PRINCIPALMENTE EL DEPARTAMENTO DE LABOR.
FERNANDA: COMING UP ON LATINO USA, A WORKER COLLAPSES IN THE FIELDS AND HIS COMPAÑEROS DO THE UNLIKELY THING. THAT’S AFTER THE BREAK. STAY WITH US. HEY, WE’RE BACK. I’M FERNANDA ECHAVARRI, IN FOR MARIA HINOJOSA. BEFORE THE BREAK, WE HEARD ABOUT A GROUP OF TEMPORARY FOREIGN WORKERS AT A BLUEBERRY PLANT IN SUMAS WASHINGTON, WHO WERE FORCED TO WORK NON-STOP. THE WORKERS HAD COME FROM MEXICO WITH H-2A VISAS, AND IN A LAWSUIT, THEY ALLEGED THAT THEY WERE EXPECTED TO GET THROUGH 12-HOUR WORK DAYS WITHOUT SHADE OR ADEQUATE WATER. SOME OF THEM WERE STARTING TO FEEL SICK… SHOWING SIGNS OF HEAT STRESS, BUT THEY WERE TOO SCARED TO SAY ANYTHING. THEN, ON AUGUST 2, 2017, ONE OF THE WORKERS, WHO WAS PICKING BERRIES WITH THE GUANAJUATO BROTHERS, COLLAPSED ON THE FIELD. HE WAS TAKEN BY AMBULANCE TO A NEARBY HOSPITAL WHERE HE LATER DIED. HE WAS 28 YEARS OLD. ABOUT 60 WORKERS, INCLUDING THE BROTHERS, WENT ON STRIKE ONE OF THE WORKERS CALLED THE DEPARTMENT OF LABOR TO COMPLAIN ABOUT WHAT HAPPENED AND LATER THAT DAY, DOL INVESTIGATORS SHOWED UP TO INTERVIEW SOME OF THE WORKERS. THE BROTHERS REMEMBER SEEING THE INVESTIGATORS THERE AND FEELING A SENSE OF RELIEF KNOWING THE GOVERNMENT WAS NOW GETTING INVOLVED. THE NEXT DAY THE STRIKE ENDED… BUT …
JOE: WHEN THE WORKERS SHOWED UP TO WORK THE COMPANY LINED UP ALL OF THE WORKERS ALL 600 OF THEM AND CALLED OUT THE WORKERS WHO ARE ON STRIKE IN FRONT OF EVERYBODY ELSE
FERNANDA: AND FIRED THEM ON THE SPOT. THEY SAID “YOU HAVE AN HOUR TO LEAVE THE CAMP…”
JOE: AND THIS IS A PLACE IN SUMAS WASHINGTON THAT IS RIGHT ON THE CANADIAN BORDER SO THERE’S A BORDER PATROL, IMMIGRATION FOLKS ARE RIGHT CLOSE BY. THERE’S AN INTERNATIONAL CROSSING POINT INTO CANADA. AND THE COMPANY TELLS THEM YOU NEED TO GET OUT OF OUR CABINS ARE OUT OF THE LABOR CAMP WITHIN ONE HOUR WITH ALL YOUR STUFF OR WE’RE GOING TO BRING IN IMMIGRATION OR THE POLICE.
GUANAJUATO BROTHERS: DESPUÉS DE LO QUE PASÓ PUES PARA MÍ YO CREO QUE FUE ESTE.. DORMIR EN LA CALLE PORQUE ESO FUE LO QUE NOS PASÓ A NOSOTROS DESPUÉS DE QUE NOS CORRIERON.
FERNANDA: THE SOFT-SPOKEN BROTHER TOLD ME THAT THE WORST PART OF THIS WHOLE EXPERIENCE WAS HAVING TO SLEEP ON THE STREET AFTER THEY WERE FIRED. FOR HIS YOUNGER BROTHER, IT WAS INFURIATING KNOWING THAT THEY DID A GREAT JOB, THEY WORKED HARD AND THEY WERE KICKED TO THE CURB.
GUANAJUATO BROTHERS: YB: O SEA DESPUÉS DEL TRABAJO – DESPUÉS DE UN BUEN TRABAJO – QUE LES ESTAMOS HACIENDO NOSOTROS, ZAS, ELLOS NO LO TOMAN ASÍ, NOMÁS TE DAN UNA PATADA Y ÁMONOS, TU NO ME SIRVES.
FERNANDA: AND REMEMBER, AS IS THE CASE WITH OTHER WORKING U.S. VISAS, IF MIGRANT FARMWORKERS LOSE THEIR JOBS, THEY ALSO LOSE THEIR IMMIGRATION STATUS BECAUSE THEIR VISAS ARE TIED TO THEIR EMPLOYER. IN MANY INSTANCES, THE EMPLOYER IS REQUIRED TO IMMEDIATELY REPORT THE WORKER TO IMMIGRATION AUTHORITIES. AND WHILE THE WORKER CAN TRY TO TRANSFER TO ANOTHER EMPLOYER, THEY DON’T REALLY HAVE A LOT OF TIME TO DO SO, MAKING THEIR LEGAL STAY IN THE U.S. VIRTUALLY IMPOSSIBLE… THAT’S HOW THEY END UP JOBLESS AND UNDOCUMENTED.
GUANAJUATO BROTHER: “ESTÁS AMARRADO AL CONTRATO Y ES PURA PRESION… PURO PENSAR QUE NADAMAS VAS A LLEGAR,
OB: O SEA COMO SI ESTUVIERA UNO PRISIONERO
FERNANDA: YOU’RE TIED TO THAT CONTRACT, THE YOUNGER BROTHER TELLS ME. IT’S LIKE YOU’RE A PRISONER, HIS OLDER BROTHER ADDS. SO EVEN THOUGH THE EMPLOYER WAS ACCUSED OF BREAKING PRETTY MUCH EVERY PROMISE MADE BY NOT PAYING THE WORKERS ENOUGH.
GUANAJUATO BROTHER: NO NOS RESPETARON NUESTRO CONTRATO.
FERNANDA: …PROVIDING SQUALID LIVING CONDITIONS
GUANAJUATO BROTHER: UN CATRE,
FERNANDA: …NOT GIVING THE WORKERS ENOUGH TO EAT, AND AT TIMES SERVING ROTTEN FOOD
GUANAJUATO BROTHER: EN MUCHAS OCASIONES LA COMIDA ESTABA ECHADA A PERDER
FERNANDA: IT WAS THE EMPLOYEES WHO HAD EVERYTHING TO LOSE. THE BROTHERS, AND THE OTHER WORKERS WHO WERE FIRED FOR PROTESTING, HAD NO CONNECTIONS IN WASHINGTON. THEY HAD NO MONEY. FOR DAYS, THEY WALKED AROUND SUMAS, WASHINGTON, WITH THEIR ROLLING SUITCASES, TRYING TO GET SOME MONEY SO THAT THEY COULD MAKE THEIR WAY BACK TO MEXICO. THEY ENDED UP SLEEPING IN THE STREETS UNTIL A LATINO FAMILY THAT LIVED NEARBY TOLD THEM THAT THEY COULD SET UP CAMP ON THEIR PROPERTY.
VAMOS A VER, ¿CÓMO ESTÁN? ¿CUÁNTOS DUERMEN AQUÍ?
FERNANDA: DOZENS OF MEN, INCLUDING THE BROTHERS, SLEPT IN TENTS FOR TWO WEEKS.
VIDEO FROM FB PAGE: NO PUEDE SER POSIBLE QUE ESTEMOS HACIENDO UN TRABAJO TAN IMPORTANTE QUE ES EL CAMPO. FRUTAS Y VERDURAS PARA QUE USTEDES COMAN Y NO PUEDE SER POSIBLE QUE
FERNANDA: MEMBERS OF FAMILIAS UNIDAS POR LA JUSTICIA, A NONPROFIT IN WASHINGTON THAT HELPS MIGRANTS, SHOWED UP TO THE CAMP. THEY LIVE STREAMED ON THEIR FACEBOOK PAGE SHOWING THE CONDITIONS THE WORKERS WERE IN, AND ASKED FOR DONATIONS.
VOICE: YO PIENSO QUE PRIMERAMENTE QUE EL DEPARTAMENTO DE LABOR PONGA ATENCIÓN EN ESTE CASO,
FERNANDA: MEMBERS OF THE NONPROFIT CALLED ON THE GOVERNMENT TO STEP IN, SINGLING OUT THE DEPARTMENT OF LABOR.
PROTEST: “QUEREMOS, JUSTICIA, CUANDO LA QUEREMOS, AHORA”
FERNANDA: A FEW WEEKS LATER, MOST OF THE WORKERS MADE THEIR WAY BACK TO MEXICO. THE BROTHERS HAD BEEN HOME IN GUANAJUATO FOR ABOUT A YEAR WHEN I VISITED IN 2018. THEY WERE WAITING TO HEAR ABOUT THE CLASS ACTION LAWSUIT AND STRUGGLED TO MAKE MONEY. RIGHT WHEN I GET THERE, THEY WANT TO TAKE ME TO A TOMATILLO FIELD WHERE THEY SOMETIMES WORK…IT’S ONE OF THEIR ONLY OPTIONS FOR MAKING A LIVING HERE. THERE ARE NO FACTORIES OR BIG BOX STORES, AND THE CLOSEST CITY – WHICH IS STILL A SMALL TOWN IN COMPARISON TO OTHER CITIES IN MEXICO – IS ABOUT AN HOUR AWAY. SO FOR THE FIRST HALF OF THE YEAR MOST LOCALS LIKE THEM TRY TO WORK AS MUCH AS POSSIBLE AND SAVE MONEY FOR THE WINTER MONTHS WHEN NOT MUCH IS GROWING HERE. THIS IS A HIRED-BY-THE-DAY KIND OF GIG. EVERY MORNING AT SUNRISE A TRUCK PICKS UP WORKERS AT THE ENTRANCE OF THEIR TOWN. DOZENS OF MEN AND WOMEN HOP ON AND THEY ARE PACKED SO TIGHT THEY CAN’T EVEN SIT DOWN SOMETIMES. RAIN OR SHINE THEY STAND IN THE BACK OF THAT TRUCK FOR ABOUT 45 MINUTES TO GET TO THAT TOMATILLO FIELD. IT’S NOT EVEN NOON AND IT’S ALREADY UNCOMFORTABLY HOT AND HUMID. THIS FARM IS BIG, ABOUT THE SIZE OF 6 FOOTBALL FIELDS. IT’S MUDDY AND MESSY WITH VINES AND WEEDS WRAPPED AROUND THE TOMATILLO PLANTS MAKING IT HARD TO SEE IF THERE ARE ANY WALKING PATHS FOR HARVESTING.THIS IS TOUGH LABOR: THERE ARE ABOUT 40 MEN AND WOMEN OF VARIED AGES, QUIETLY WORKING. SOME HAVE THESE LITTLE PORTABLE RADIOS ATTACHED TO THEIR BELTS SO THEY CAN LISTEN TO MUSIC WHILE THEY WORK. THE BROTHERS TELL ME THEY MAKE ABOUT $10 A DAY HERE. THEY COULD MAKE THAT IN AN HOUR WORKING FOR THE H-2A PROGRAM IN THE US. HAVING YEARS AND YEARS OF EXPERIENCE WORKING IN AGRICULTURE MAKES THE BROTHERS PRIME CANDIDATES FOR RECURRING H-2A WORK. SO WHY HADN’T THEY BEEN ABLE TO GO BACK TO WORK FOR US FARMS? THE BROTHERS TELL ME THAT THERE’S ONLY ONE PERSON IN THEIR WHOLE TOWN THAT’S IN CHARGE OF RECRUITING H-2A WORKERS. IT’S A WOMAN THAT THEY KEEP GOING BACK TO, ASKING IF THEY CAN GET PUT ON THESE LISTS, AND THIS WOMAN KEEPS TELLING THEM NO.
GUANAJUATO BROTHER: SOUND OF DIAL TONE “BUENO” BUENO. BUENO, HOLA…
FERNANDA: EARLIER THIS YEAR, I CALLED THE OLDER BROTHER TO SEE IF THEIR CIRCUMSTANCES HAD CHANGED.
GUANAJUATO BROTHER: HOLA, CÓMO ESTÁ AQUÍ? AQUÍ USTED COMO ESTA?
TAMBIÉN BIEN…
FERNANDA: HE TELLS ME THAT THEY TRIED YEAR AFTER YEAR TO GET RECRUITED TO WORK ON US FARMS, BUT SINCE LEAVING WASHINGTON MORE THAN FIVE YEARS AGO, THEY HAVEN’T BEEN ABLE TO GET WORK IN THE H-2A PROGRAM.
GUANAJUATO BROTHER: QUE PORQUE SUPUESTAMENTE NOSOTROS ESTAMOS QUE EN UNA LISTA NEGRA…
FERNANDA: THEY STRONGLY SUSPECT THEIR NAMES WERE GIVEN OUT TO OTHER US COMPANIES AS UNWANTED WORKERS. AND BECAUSE THERE IS NO CENTRALIZED PLACE FOR FOREIGN FARM WORKERS TO APPLY FOR U.S. JOBS, THE RECRUITERS ARE THE GATEKEEPERS.
GUANAJUATO BROTHER: SI LA EMPRESA HUBIERA DADO NUESTRO NOMBRE PARA QUE NINGUNA OTRA EMPRESA NOS CONTRATARA.
FERNANDA: IN LATE 2019 THERE WAS AN AGREEMENT IN THE CLASS ACTION LAWSUIT. THE DEFENDANTS IN THE LAWSUIT: SARBANAND, MUNGER BROTHERS AND THE RECRUITER, AGREED TO PAY $3.7 MILLION TO SETTLE. HOWEVER, THEY ALL DENIED ANY LIABILITY OR WRONGDOING. OVER 500 WORKERS RECEIVED ABOUT $4,500 DOLLARS EACH. THE WORKERS WHO PROTESTED ALSO RECEIVED AN ADDITIONAL $10 THOUSAND EACH. BUT THERE’S ONE THING THAT HASN’T BEEN SETTLED. NOTHING IN THE COURT ORDER MENTIONS THE BLACKLISTS. IS BEING BLACKLISTED IS WHAT’S STILL HURTING YOU, I ASKED?
ESO ES LO QUE A USTED TODAVÍA LE PERJUDICA.
GUANAJUATO BROTHER: SÍ.
FERNANDA: AY, AY, AY…
FERNANDA: NOW, REMEMBER THOSE DEPARTMENT OF LABOR OFFICIALS WHO SHOWED UP TO THE BLUEBERRY FARM WHEN THE WORKER DIED? WELL, THAT DAY IN 2017 THEY STARTED THEIR OWN INVESTIGATION. TWO YEARS LATER, THEY FOUND THAT MUNGER BROTHERS AND TWO RELATED COMPANIES VIOLATED THE RULES OF THE H2A PROGRAM AND FAILED TO PROVIDE SAFE HOUSING AND PROPER PAY. THE DEPARTMENT OF LABOR ENDED UP ORDERING THEM TO PAY $3.5 MILLION DOLLARS IN BACK WAGES AND PENALTIES. IT ALSO PROHIBITED THEM FOR PARTICIPATING IN THE H2A PROGRAM FOR THREE YEARS.
FERNANDA: PERO QUÉ ACABO PASANDO CON EL CASO?
GUANAJUATO BROTHER: ESTE… PUES NOSOTROS HEMOS SEGUIDO ESPERANDO A VER QUÉ, SI NOS VAN A LLAMAR, O QUÉ NOS VAN A DECIR…
FERNANDA: IN 2020 THE BROTHERS FROM GUANAJUATO GOT PAID OUT OF THAT SETTLEMENT. ABOUT A YEAR LATER, THEY GOT PAPERWORK FROM THE DEPARTMENT OF LABOR VIA SNAIL MAIL, TELLING THEM THEY WERE ALSO ENTITLED TO COMPENSATION FROM THEIR INVESTIGATION. THE OLDER BROTHER SHOWED ME THE DOCUMENTS THAT HE WAS ASKED TO FILL OUT AND RETURN. HE MAILED THEM OUT FROM MEXICO IN THE SUMMER OF 2021, BUT ALMOST TWO YEARS LATER, HE HASN’T HEARD A WORD OR SEEN A PENNY.
TINA: ACCORDING TO EXPERTS, WORKERS RARELY SPEAK UP. AND IF THEY DO, MOST OF THE TIME THEY NEED HELP NAVIGATING THE TOOLS THE DEPARTMENT OF LABOR HAS IN PLACE TO PROTECT THEM. SO… FERNANDA AND I RECENTLY SET UP A VIRTUAL MEETUP TO TRY THOSE TOOLS OURSELVES. FERNANDA TRIED IT IN SPANISH AND I TRIED IT IN ENGLISH.
FERNANDA: LET’S SAY I’M A WORKER AND I WANNA FILE A COMPLAINT, WHERE DO I GO? WHAT DO I DO?
TINA: SO I WOULD GOOGLE. FILE A COMPLAINT. D O L. RIGHT.
FERNANDA: OKAY. LET ME DO THE SAME GOOGLE, BUT IN SPANISH.
TINA: YOU KNOW, THE FIRST THINGS ARE BASIC… YOUR NAME. BUT FOR ME, IF I’M THINKING ABOUT THIS AS AN H-2A WORKER AND THE WORKERS THAT I’VE SPOKEN TO. THE NEXT COUPLE OF THINGS, THEY SEEM COMPLICATED TO ME. SO YOUR ADDRESS. SO THE FIRST THING I THINK IS: DO I GIVE THE ADDRESS OF MY LABOR CAMP? DO I GIVE YOU THE ADDRESS OF THE PLACE THAT I AM WORKING? DO I GIVE YOU THE ADDRESS OF MY HOME IN MY HOME COUNTRY?
FERNANDA: YEAH, I’M SEEING THE SAME THING IN SPANISH. MM-HMM. . OKAY. IT’S A, IT’S PRETTY TEXT-HEAVY, I GOTTA SAY. YEAH… WELL I AM LOOKING AT ALL OF THIS ON MY PHONE AND IT’S NOT VERY MOBILE FRIENDLY I GOTTA SAY…
TINA: I WOULDN’T KNOW HOW TO FILL THIS OUT IF I WERE AN H2A WORKER. SO ONE OF THE THINGS THAT I THINK IS VERY ODD IS IT SAYS LOCATION OF THE COMPANY AND THEN IN PARENTHESIS “THIS MAY BE DIFFERENT FROM WHERE YOU WORKED”. DO YOU GOOGLE THE NAME OF THE COMPANY YOU WORKED FOR AND YOU ARE LOOKING FOR THEIR CORPORATE ADDRESS? WHAT IF YOU DON’T KNOW THE NAME OF THE COMPANY YOU WORKED FOR? DO YOU PUT THE FARM…?
TINA: THE ONLINE COMPLAINT FORM ASKS FOR AN EMAIL ADDRESS, AND WHILE MANY H-2A WORKERS MAY HAVE ONE, THEY DON’T REALLY USE IT TO COMMUNICATE. MOST OF THE COMMUNICATION HAPPENS VIA WHATSAPP MESSAGING. VOICE OR TEXT, THAT’S HOW WE’VE ALWAYS TALKED TO THE FARMWORKERS. AND THEN, THERE’S ALSO THE ISSUE OF LANGUAGE. THE FORMS ARE AVAILABLE IN ENGLISH AND SPANISH, BUT MANY H2A WORKERS COME FROM INDIGENOUS COMMUNITIES FOR WHICH SPANISH IS NOT THE PRIMARY LANGUAGE. THANKFULLY… THERE IS A PHONE NUMBER. SO THAT SHOULD BE EASIER…
FERNANDA: SHOULD WE TRY TO DO THIS ON THE PHONE AND SEE WHAT THAT’S LIKE. . YEAH.
TINA: LET’S SEE.
RECORDING: WELCOME TO THE US DEPARTMENT OF LABOR WAGE, AND OUR. THE WAGE IN OUR DIVISION ENFORCES THE FEDERAL MINIMUM WAGE, OVERTIME PAY, CHILD LABOR PROVISIONS, AND RECORD KEEPING REQUIREMENTS UNDER THE FAIR LABOR STANDARDS. . ADDITIONALLY, WE ENFORCE A NUMBER OF OTHER LABOR LAWS INCLUDING F M L A, GOVERNMENT CONTRACTS, AGRICULTURAL EMPLOYMENT AND HOUSING, CERTAIN IMMIGRATION PROGRAMS, WAGE GARNISHMENTS, AND MY DEBATE.
FERNANDA: THIS IS ALREADY SO MUCH.
RECORDING: VISIT OUR WEBSITE AT DOL DOT GOV SLASH AGENCIES SLASH WHD FOR MORE INFORMATION. FOR INFORMATION RELATED TO UNEMPLOYMENT BENEFITS, PRESS 1. FOR OFFICE HOURS, ADDRESS PHONE AND FAX NUMBERS, PRESS TWO. TO DIAL WAGE AND OUR STAFF BY NAME OR EXTENSION, PRESS THREE. TO REPEAT THIS MENU, PRESS NINE… TO SPEAK WITH SOMEONE, PRESS ZERO, OR JUST STAY ON THE LINE. PLEASE ENTER THE FIVE DIGIT ZIP CODE FOR YOUR EMPLOYER’S ESTABLISHMENT. FOLLOWED BY THE POUND SIGN. BASICALLY BEEN WITH WAGE AND HOURS.
TINA:OH, WELL NOT WHERE I LIVE, BUT MY EMPLOYER’S ESTABLISHMENT FOR THE NEAREST CIVILIAN LOCATION. I DON’T, I COULDN’T EVEN TELL YOU…I’M GOING TO HANG UP.
FERNANDA: OK, SO NOT THE MOST HELPFUL PHONE LINE… AND AT THE RISK OF TALKING ABOUT YET ANOTHER WEBSITE… I KNOW, SUCH FUN RADIO CONTENT... WE DO HAVE TO MENTION A DEPARTMENT OF LABOR SITE CALLED WORKERS OWED WAGES AND THIS ONE… ON THE FLIP SIDE OF THE COIN IS VISUALLY A LOT EASIER TO NAVIGATE.
TINA: YES. IT LOOKS EASIER. I’VE SPOKEN TO WORKERS WHO COULD ACCESS THIS WEBSITE THAT IT MADE SENSE TO THEM WHAT THEY WERE SUPPOSED TO DO. UM, BUT THE PROBLEM FOR THEM, ESPECIALLY FOR LATINO WORKERS… WHICH, YOU KNOW, H-2A WORKERS ARE PREDOMINANTLY LATINO WORKERS… THE PROBLEM CAME WITH THEIR NAMES MM-HMM. . SO EITHER THEIR EMPLOYER DIDN’T, IN THEIR FULL NAME OR ENTERED THEIR NAME IN DIFFERENTLY THAN THE NAME THAT THEY USED SO THEY DIDN’T KNOW WHAT THAT WAS. OR THEY HAVE MULTIPLE SPANISH SURNAMES AND SO THEY DIDN’T KNOW WHICH ONES TO USE OR THERE WASN’T SPACE FOR ALL OF THEM.
FERNANDA: AND THAT’S EVEN ASSUMING THAT THEY KNOW THIS WEBSITE EXISTS.
TINA: THE WORKERS THAT I’VE SPOKEN TO THAT KNEW THAT THIS WEBSITE EXISTED WAS BECAUSE THEY WERE WORKING WITH AN ADVOCACY ORGANIZATION, RIGHT?
FERNANDA: YEAH. I SPOKE TO A LAWYER WHO DIDN’T KNOW THAT THIS WEBSITE EXISTED, AND HE WORKS WITH H TWO A FOLKS, SO IF HE DOESN’T KNOW IT EXISTS, THEN MOST LIKELY THE WORKERS ON THE FARMS HAVE NO IDEA.
FERNANDA: AT THE END OF THE DAY, FOR H2A WORKERS, FILING A COMPLAINT IS A HUGE EFFORT. AND MOST OF THE TIME IT’S MAY NOT EVEN BE WORTH IT. THEY END UP GETTING FIRED, AND HAVING TO RETURN TO THEIR HOME COUNTRIES, WITH QUITE A BIT OF DEBT.
TINA: AND WHEN DOL FINDS WORKERS THAT ARE OWED MONEY, THE AGENCY HAS UP TO THREE YEARS TO LOCATE THEM. THREE YEARS! SO YEAH, MOST WORKERS HAVE LONG RETURNED HOME BY THEN. AND IT’S NOT LIKE THE U.S. GOVERNMENT IS GOING TO SEND EMPLOYEES TO REMOTE AREAS IN MEXICO TO FIND WORKERS. SO WHAT HAPPENS IN THE END? THEIR LOST WAGES ACTUALLY END UP IN THE HANDS OF YET ANOTHER US GOVERNMENT AGENCY: THE TREASURY DEPARTMENT.
FERNANDA: MORE ON THIS, AFTER THE BREAK. STAY WITH US. HEY, WE’RE BACK. I’M FERNANDA ECHAVARRI, IN FOR MARIA HINOJOSA. BEFORE THE BREAK, WE TOLD YOU ABOUT HOW STOLEN WAGES FROM MIGRANT WORKERS END UP WITH THE TREASURY DEPARTMENT. ONCE THERE, THE MONEY IS PLACED IN A GENERAL FUND THAT THE GOVERNMENT CAN USE HOWEVER IT WANTS. WE ASKED TREASURY HOW EXACTLY IS IT THAT THE MONEY SPENT, BUT ALL THEY WOULD TELL US IN AN EMAIL WAS. QUOTE: “H-2A IS A PROGRAM ADMINISTERED BY THE DEPARTMENT OF LABOR, PERIOD FOR MANY PROGRAMS ACROSS THE GOVERNMENT, UNUSED FUNDS REVERT TO THE GENERAL TREASURY.” END QUOTE. REMEMBER, JOE MORRISON, THE LAWYER WHO REPRESENTED HUNDREDS OF H2A FARMWORKERS, INCLUDING THE BROTHERS FROM GUANAJUATO? WELL, WHEN THE CLASS ACTION SUIT SETTLED AND THE FORMER EMPLOYERS PAID OUT, JOE’S OFFICE SET OUT TO FIND THEM— WITH THE SAME KIND OF INFORMATION DOL USUALLY HAS: THE WORKERS’ PHONE NUMBERS AND ADDRESSES. BUT THEY ADDED SOME EXTRA STEPS:
JOE MORRISON: YOU NEED MULTIPLE STAFF WHO ARE CONNECTED WITH THE TECHNOLOGY THAT’S BEST REACHING PEOPLE AND SEARCHED LONG AND HARD FOR PEOPLE.
FERNANDA: MOST OF THOSE WERE ON WHATSAPP, SO THEY MESSAGED AND MESSAGED AND MESSAGED. AND WHEN PEOPLE WEREN’T MESSAGING THEM BACK, THEY WOULD LOOK UP THE ADDRESSES AND SEE WHO WERE THEIR NEIGHBORS. THEY WOULD CALL THOSE NEIGHBORS AND TRY TO REACH THEM THAT WAY… AND THEIR EFFORTS PAID OFF. THEY GOT CASH FROM THE SETTLEMENT TO 98% OF THE MORE THAN 500 WORKERS. IN FACT, THEIR SUCCESS RATE WAS SO HIGH THAT THE DEPARTMENT OF LABOR INVESTIGATORS ACTUALLY REACHED OUT TO JOE’S OFFICE TO SEE IF THEY COULD SHARE THE CONTACT INFORMATION FOR THE WORKERS. THE DEPARTMENT NEEDED TO FIND THEM BECAUSE IT HAD MONEY FROM THE FINE IT GAVE THE EMPLOYER.
JOE: THERE WERE VERY DEDICATED STAFF. THEY ASKED US FOR HELP // AND WE MADE THEM AWARE OF HOW WE DISTRIBUTED OUR FUNDS AND HOW THE PRIMARY COMMUNICATION TOOL WITH WORKERS IS WHATSAPP.
FERNANDA: BUT THE DEPARTMENT TOLD JOE’S OFFICE BACK THEN THAT THEY WERE NOT ALLOWED TO USE WHATSAPP. WE SHOULD MENTION THAT DURING THE PANDEMIC, THE DOL DID USE THE MESSAGING APP TO GIVE BACK WAGES, THEY’RE NO LONGER USING IT. SOME WORKERS WHO DID GET THE DOL MONEY A FEW YEARS AGO STARTED SPREADING THE WORD, WHICH OF COURSE MADE OTHERS WHO DIDN’T GET IT, FEEL FRUSTRATED. SO THEY TURNED TO AN 800 NUMBER WITH, YOU GUESSED IT, A SIGNIFICANT PHONE TREE THAT ENDED UP TURNING PEOPLE AWAY.
JOE: SO WE WOULD COMMUNICATE WITH THE DEPARTMENT OF LABOR ABOUT BOTH ISSUES, TRYING TO HAVE A MORE USER, USER-FRIENDLY CALL-IN SYSTEM.
FERNANDA: SO WHILE THERE ARE GOOD PEOPLE AT THE DEPARTMENT OF LABOR WORKING VERY HARD TO GET MONEY BACK TO FARMWORKERS, THEY’RE NAVIGATING A BROKEN SYSTEM–A LOT OF RED-TAPE AND BUREAUCRACY THAT IS SIMPLY NOT WORKING AS WELL AS IT COULD.
TINA: AND NOW, WE HAVE A PRETTY GOOD IDEA OF WHAT THESE SYSTEM FLAWS LOOK LIKE IN PRACTICE. IN 2021, I FILED A FREEDOM OF INFORMATION ACT REQUEST WITH THE DEPARTMENT OF LABOR. I ASKED FOR A 10-YEAR, NATIONWIDE BREAKDOWN OF BACK WAGES OWED TO H-2A WORKERS. A FEW MONTHS LATER, I GET THIS SPREADSHEET WITH NAMES OF THE COMPANIES THAT STOLE WAGES AND, ON THE FINAL PAGE: THE EXACT DOLLAR AMOUNT THAT NEVER MADE IT TO WORKERS. MORE THAN SEVEN MILLION DOLLARS OWED TO H-2A WORKERS ENDED UP WITH THE TREASURY FOR CASES SPANNING 2011 TO 2021. AND IT’S EVEN MORE SIGNIFICANT WHEN YOU CONSIDER THAT SOME OF THE CLAIMS THAT WORKERS FILED WERE FOR $100 OR $200 DOLLARS. THEY EARNED THIS MONEY, THEY DID BRUTAL WORK IN THE FIELDS, AND THEN THEY NEVER GOT A PENNY.
MIKE RIOS: SEVEN MILLION DOLLARS… THAT’S JUST A SHOCKING NUMBER. MIKE: OBVIOUSLY IT ALSO HIGHLIGHTS THE DIFFICULTY THAT WE HAVE IN FINDING WORKERS SO THAT WE MAY REUNITE THEM WITH THEIR HARD-EARNED WAGES.
TINA: THAT’S MIKE RIOS. HE IS A REGIONAL AGRICULTURAL ENFORCEMENT COORDINATOR AT THE DEPARTMENT OF LABOR. WE HEARD FROM HIM AT THE TOP OF THE SHOW. HE HAS WORKED AT THE DEPARTMENT OF LABOR FOR 25 YEARS, AND HE SPENT THE FIRST 15 AS AN INVESTIGATOR BEFORE MOVING UP THE RANKS. OVER THE YEARS, HE HAS SEEN COUNTLESS VIOLATIONS IN THE H-2A PROGRAM. AND HAD TO PUT UP WITH EMPLOYERS CLAIMING THEY DIDN’T KNOW THEY WERE BREAKING THE LAW.
MIKE: I WILL NEVER EVER UNDERSTAND FOLKS THAT SAY THAT THEY DID NOT KNOW THEY NEEDED TO DO SOMETHING, ESPECIALLY WHEN IT COMES TO SOMETHING AS BASIC AS PAYING FULL WAGES OR PROVIDING MEALS, OR PROVIDING DECENT HOUSING… EVEN IF IT’S THEIR FIRST YEAR IN THE H-2A PROGRAM. HOW DO YOU NOT KNOW?
TINA: I’M NOT GONNA LIE, I WAS EXPECTING MIKE TO BE TIGHT-LIPPED OFFICIALS WHO HAD TIDY TALKING POINTS INSTEAD OF REALLY DELVING INTO THE PROBLEMS IN THE H TWO A PROGRAM. BUT MIKE DIDN’T HOLD BACK:
MIKE: I MEAN, YOU DON’T HAVE TO GO TOO FAR TO SEE THAT, RIGHT? IF YOU HAVE HALF A BRAIN, YOU CAN SEE THAT THE H TWO A PROGRAM LITERALLY IS THE PURCHASE OF HUMANS TO PERFORM DIFFICULT WORK UNDER TERRIBLE CONDITIONS, SOMETIMES, INCLUDING SUBHUMAN LIVING CONDITIONS. YOU’RE LITERALLY BUYING PEOPLE TO COME DO TERRIBLE WORK.
TINA: THAT’S A GOVERNMENT OFFICIAL WHO ACTUALLY HELPS OVERSEE ENFORCEMENT IN THE H-2A PROGRAM, AND HERE HE IS ADMITTING THAT THE SYSTEM THAT WE HAVE JUST ISN’T WORKING. AND THIS IS A SYSTEM THAT BRINGS MORE THAN 300,000 TEMPORARY FOREIGN WORKERS TO THE US EACH YEAR.
MIKE: IT SOUNDS LIKE A LOT TO HAVE 600, 700, HECK, IT SOUNDS LIKE A LOT TO HAVE A THOUSAND INVESTIGATORS, BUT THAT IS JUST A TINY, TINY, TINY LITTLE FRACTION OF, OF THE AMOUNT OF PEOPLE THAT ARE COVERED BY OUR LAWS.
TINA: BECAUSE THOSE INVESTIGATORS ARE NOT JUST FOR TEMPORARY FOREIGN WORKERS, THEY’RE NOT EVEN JUST FOR AGRICULTURE IN GENERAL. THESE ARE THE SAME INVESTIGATORS WHO RESPOND TO COMPLAINTS AT A CONSTRUCTION SITE, A SUPERMARKET, A HOSPITAL, YOU NAME IT. AND, PLEASE, DON’T ZONE OUT HERE BUT IT’S HARD NOT TO BRING UP GOVERNMENT BUDGETS. LAST YEAR, THE DEPARTMENT OF LABOR RECEIVED $14 BILLION IN FUNDING. FOURTEEN BILLION FOR THE AGENCY RESPONSIBLE FOR PROTECTING ALL WORKERS IN THE U.S. NOW, COMPARE THAT TO THE COMBINED BUDGETS FOR CUSTOMS AND BORDER PROTECTION AND ICE. IN 2021, CONGRESS GAVE THEM MORE THAN $23 BILLION. AND THEN, AS MIKE SAYS, THE PROBLEM GOES BEYOND A GUEST WORKER PROGRAM. THE PROBLEM IS HOW THE AGRICULTURAL INDUSTRY OPERATES.
MIKE: YOU CAN THROW A ROCK AND HIT A VIOLATION IN THE AGRICULTURAL INDUSTRY. IN FACT, I WOULD SAY THAT WAGE THEFT IS ALMOST BAKED INTO THE SYSTEM.
ANNOUNCER: BUENAS TARDES. ES UN HONOR PARA MI PARTICIPAR EN EL LANZAMIENTO DEL PROGRAMA PILOTO… (FADE UNDER)
FERNANDA: ON MARCH 13, JUST AS WE WERE WRAPPING UP THIS STORY, HIGH-RANKING GOVERNMENT OFFICIALS FROM THE UNITED STATES AND MEXICO MADE A BOMBASTIC ANNOUNCEMENT.
SE PUDO RECUPERAR ESA CANTIDAD QUE ES DE ESTOS 13,000 TRABAJADORES.
FERNANDA: THEY LAUNCHED A PILOT PROGRAM TO PAY BACK 6.5 MILLION DOLLARS IN STOLEN WAGES TO 13,000 FORMER MEXICAN H-2A WORKERS.
ALCALDE: ¿CUÁL ES LA TAREA QUE TENEMOS DE MANERA CONJUNTA? UBICARLOS
FERNANDA: THE TWO GOVERNMENTS PROMISED TO FIND THESE WORKERS BY SHARING INFORMATION IN ORDER TO TRACK THEM DOWN.
TINA: AND IF YOU’RE WONDERING WHETHER THIS 6.5 MILLION HAS ANYTHING TO DO WITH THOSE 7 MILLION THAT WE WERE TALKING ABOUT EARLIER, WE WERE CURIOUS TOO. WE CONFIRMED WITH THE DEPARTMENT OF LABOR THAT THESE ARE THE SAME FUNDS, YES THE SAME FUNDS WE FOUND IN OUR INVESTIGATION.
FERNANDA: AND WHILE THE U.S. AND MEXICAN GOVERNMENTS CHARACTERIZED THIS MONEY AS “RECOVERED,” IT WAS NEVER REALLY MISSING. AS WE FOUND, THAT MONEY JUST MOVED FROM THE ABUSIVE EMPLOYER, TO THE DEPARTMENT OF LABOR AND THEN THE TREASURY DEPARTMENT. BUT THE GOVERNMENT OFFICIALS DIDN’T SAY THAT AT THEIR PRESS CONFERENCE. THEY ALSO DIDN’T GIVE A CLEAR TIMELINE OR FRAMEWORK AS TO HOW —OR WHEN— THEY PLAN TO RETURN THOSE STOLEN WAGES. FOR NOW, PEOPLE CAN GO TO THE WORKERS OWED WAGES WEBSITE. REMEMBER THAT ONE? THE ONE THAT LOOKS EASY TO NAVIGATE BUT DOESN’T REALLY READ PEOPLE’S LAST NAMES RIGHT? SO AS MUCH AS THIS ANNOUNCEMENT SOUNDS LIKE GOOD NEWS, AND IT IS, WHO KNOWS HOW EASY IT’LL BE FOR WORKERS TO ACTUALLY GET THEIR MONEY BACK?
GUANAJUATO BROTHER: HONESTAMENTE PUES CON EL DINERO PUES YO SÍ TRATE DE MÁS QUE NADA AYUDAR A MIS PAPAS…
FERNANDA: LAST MONTH WHEN I TALKED WITH THE OLDER BROTHER FROM GUANAJUATO ON THE PHONE, HE TOLD ME THAT HE USED PART OF HIS SETTLEMENT MONEY TO HELP HIS ELDERLY PARENTS. HE ALSO BOUGHT A SMALL PIECE OF LAND WHERE HE STARTED BUILDING A HOME FOR HIMSELF. BUT IT’S BEEN TOUGH.
GUANAJUATO BROTHER: PUES SÍ, ESTE…HA SIDO MUY DURO PORQUE YA ME HAN YA ESTE. ME HAN ROBADO COMO, NO TENGO LUZ, NO TENGO AGUA. PUES ES COMO ESTRESANTE TODO.
FERNANDA: HE’S BEEN BURGLARIZED. HE DOESN’T HAVE ELECTRICITY OR RUNNING WATER. IT’S BEEN ONE THING AFTER ANOTHER… PLUS, HE’S HAD SOME HEALTH ISSUES AND A SURGERY THAT MAKES IT HARDER FOR HIM TO WORK IN THOSE TOMATILLO FIELDS WHERE HE TOOK ME YEARS AGO. SO HE SPENDS HIS DAYS AS A CLERK AT A LOCAL STORE. HE TELLS ME THAT HE’S BEEN WORKING WITH A NONPROFIT IN THE PACIFIC NORTHWEST THAT IS HELPING HIM APPLY FOR A T VISA, A SPECIAL US VISA FOR VICTIMS OF LABOR TRAFFICKING. HE’S GONNA WAIT AS LONG AS HE HAS TO SO HE CAN COME TO THE US TO LEGALLY WORK A NON-AGRICULTURAL JOB AND SEND MONEY BACK TO HIS FAMILY. EVEN AFTER SUFFERING SERIOUS CONSEQUENCES FOR SPEAKING UP, HE DOESN’T REGRET TAKING PART IN THE PROTEST.
OLDER BROTHER: SE PODRÍA DECIR QUE UNO PERDIÓ ESA, ESA OPORTUNIDAD, PERO…
FERNANDA: YES, HE LOST HIS OPPORTUNITY IN THE U.S., BUT AT LEAST, HE SAYS, PEOPLE WILL HEAR THAT THIS PROGRAM IS NOT ANYTHING IT PROMISES TO BE.
OLDER BROTHER: PARA QUE VEAN MÁS PERSONAS QUE QUE NO ES LO QUE PARECE, PUES, Y PUES QUE… MÁS QUE NADA, PUES QUE NO SE CALLEN.
FERNANDA: NOW, AS WE COME TO THE END OF THIS TWO-PART SPECIAL ON THE H2A PROGRAM, YOU MAY BE WONDERING IF CONGRESS AND/OR THE WHITE HOUSE ARE DOING ANYTHING TO MAKE IT BETTER.
BIDEN: “WE KNOW THAT SAFE, ORDERLY, AND LEGAL MIGRATION IS GOOD FOR ALL OUR ECONOMIES. BUT WE NEED TO HALT THE DANGEROUS AND UNLAWFUL WAYS PEOPLE ARE MIGRATING – AND THE DANGEROUS WAYS.
TINA: SINCE BIDEN TOOK OFFICE IN JANUARY OF 2021, HE’S TURNED SAFE AND ORDERLY MIGRATION INTO A KIND OF MANTRA. HE SAYS IT ALL THE TIME. AND JUST IN FEBRUARY OF THAT YEAR, 2021, THE WHITE HOUSE ASSEMBLED WORKING GROUPS TO DISCUSS THE H-2A PROGRAM. THE IDEA IS TO DIVERT ASYLUM SEEKERS FROM THE SOUTHERN BORDER AND INTO THIS PROGRAM. HERE’S BIDEN TALKING ABOUT THE PLAN LAST SUMMER.
PRESIDENT BIDEN: AND ON THIS JOBS FRONT, OUR DEPARTMENT OF AGRICULTURE IS LAUNCHING A PILOT PROGRAM TO HELP AMERICAN FARMERS BRING IN SEASONAL AGRICULTURAL WORKERS FROM NORTHERN CENTRAL AMERICA COUNTRIES UNDER THE H-2A VISA PROGRAM. TO IMPROVE CONDITIONS FOR ALL WORKERS.
FERNANDA: HERE’S THE MAIN ISSUE WITH THAT. THE BIDEN ADMINISTRATION WANTS TO OFFER THIS TEMPORARY WORKER PROGRAM TO MIGRANTS WHO ARE SEEKING ASYLUM AT OUR SOUTHERN BORDER. A PROGRAM THAT IS RIDDLED WITH ABUSE AND TRAFFICKING BEING OFFERED TO PEOPLE WHO ARE FLEEING VIOLENCE AND TRAFFICKING.
DANIEL COSTA: THEY’RE ONLY GONNA BE ABLE TO STAY IN THE UNITED STATES FOR 6, 7, 8 MONTHS OUTTA THE YEAR. WHAT HAPPENS DURING THOSE OTHER MONTHS OF THE YEAR? UH, THEY HAVE TO GO BACK TO THEIR HOME COUNTRY AND, UM, THEY’RE GONNA BE GOING BACK TO A COUNTRY THAT THEY FLED.
TINA: THIS IS DANIEL COSTA. HE IS AN ATTORNEY WHO HAS SPENT YEARS MONITORING CASES JUST LIKE THE BROTHERS FROM GUANAJUATO.
DANIEL COSTA:MAYBE BECAUSE THEY WERE BEING PERSECUTED, SOMEBODY IN THEIR FAMILY WAS MURDERED, YOU KNOW, YOU’RE GONNA SEND THEM BACK TO THAT SITUATION AND YOU’RE GONNA SEND THEM BACK TO THAT SITUATION WITH DOLLARS IN THEIR POCKETS, WHICH I THINK IS JUST GONNA MAKE THEM TARGETS FOR EXTORTION.
TINA: WE ASKED THE WHITE HOUSE ABOUT THESE WORKING GROUPS AND ABOUT SPECIFIC DETAILS ON THEIR STRATEGY TO EXPAND THE H-2A PROGRAM BUT BY PUBLICATION TIME, THEY DIDN’T RESPOND.
FERNANDA: WORKERS, ADVOCATES, ATTORNEYS THEY ALL WANT A TOTAL OVERHAUL OF THE H-2A PROGRAM SO THAT IT BENEFITS EMPLOYERS AND WORKERS–NOT JUST EMPLOYERS. OTHERS DEMAND QUICKER FIXES THAT CAN BE DONE WITHOUT CONGRESS, LIKE PUTTING SOME REGULATORY STRUCTURES IN PLACE.
TINA: AND WHILE THERE IS NO MAJOR REFORM IN SIGHT, THERE HAVE BEEN SOME RECENT CHANGES TO HOW THE PROGRAM WORKS.
FERNANDA: IN JANUARY, THE DEPARTMENT OF HOMELAND SECURITY ANNOUNCED THAT MIGRANT WORKERS INVOLVED IN LABOR DISPUTES CAN NOW REQUEST WORK AUTHORIZATION AND PROTECTION FROM DEPORTATION. SO, IN THEORY, THIS MEANS THAT IF AN H-2A WORKER FILES A CLAIM AGAINST THEIR EMPLOYER, THEY SHOULD BE PROTECTED AGAINST RETALIATION. BUT THE ANNOUNCEMENT DIDN’T COME WITH A CLEAR PLAN FOR EDUCATING WORKERS ABOUT THIS NEW PROTECTION.
TINA: AND IN LATE MARCH, THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION –ALSO KNOWN AS OSHA– WAS GRANTED AUTHORITY TO CERTIFY SPECIFIC VISAS FOR IMMIGRANT VICTIMS OF CRIME, SUCH AS THE MIGRANT WORKERS THAT WE MET IN EPISODE 1.
FERNANDA: BUT THE SOLUTIONS BEING OFFERED TODAY ARE STRATEGIES FOR NAVIGATING ABUSE, NOT STRATEGIES FOR ENDING ABUSE. THE FOCUS IS REALLY ON EXPANDING H2A, NOT FULLY REFORMING IT.
ARCHIVAL TAPE – HOUSE DISCUSSES BILL
VOICE 1: THE CLERK WILL REPORT THE TITLE OF THE BILL.
VOICE 2: HR 1603 A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO PROVIDE FOR TERMS AND CONDITIONS FOR NON-IMMIGRANT WORKERS PERFORMING AGRICULTURAL LABOR (FADE THE NEXT FIVE SECS UNDER)
TINA: TAKE FOR EXAMPLE THE FARM WORKFORCE MODERNIZATION ACT. IT WAS MEANT TO PROVIDE SOME FARMWORKERS WITH A PATHWAY TO CITIZENSHIP.
ARCHIVAL TAPE – HOUSE DISCUSSES BILL
VOICE 3: THIS IS A BIPARTISAN BALANCED SOLUTION. IT IS A VICTORY FOR FARMERS WHO HAVE STRUGGLED WITH PERSISTENT LABOR SHORTAGES FOR DECADES. IT IS ALSO A VICTORY FOR FARM WORKERS WHO HAVE WORKED TIRELESSLY IN THE FIELD, GROWING AND HARVESTING FOOD WITHOUT PROPER LABOR PROTECTIONS OR ANY GUARANTEE THAT THEY CAN REMAIN IN THIS COUNTRY.
TINA: N DECEMBER OF LAST YEAR, IT SEEMED IMMINENT THAT THE LAW WAS GOING TO PASS. BUT WHEN LAST-MINUTE CHANGES UPSET THE GOP, THE BILL DIED.
FERNANDA: IT’S WORTH HIGHLIGHTING THAT FOR DECADES THERE HAVE BEEN WAGE THEFT AND ABUSE LAWSUITS FILED BY H-2A WORKERS, ALONG WITH GOVERNMENT REPORTS, ADVOCACY REPORTS, DOCUMENTARIES, EXPOSES, CONGRESSIONAL HEARINGS. SO ANYONE IN A POSITION OF POWER HAS A LOT OF INFORMATION ABOUT THIS ALREADY.
JEFF SESSIONS: NEXT WE HAVE MR. DANIEL COSTA, DIRECTOR OF IMMIGRATION LAW AND POLICY RESEARCH AT THE ECONOMIC POLICY INSTITUTE.
TINA: THAT’S FROM THE SUMMER OF 2016. DANIEL COSTA IS BEING INTRODUCED BY THEN-ATTORNEY GENERAL JEFF SESSIONS TO SPEAK BEFORE CONGRESS.
TAPE DANIEL COSTA/ARCHIVAL
DANIEL COSTA: WORK PROGRAMS THAT TIE WORKERS TO A SINGLE EMPLOYER AND THAT PERMIT EMPLOYERS TO LEGALLY UNDERPAY THEIR BONDED MIGRANT WORKERS OR A RECIPE FOR DISASTER.
FERNANDA: HE TOLD CONGRESS THIS SEVEN YEARS AGO. DANIEL WASN’T THE FIRST AND HE CERTAINLY WON’T BE THE LAST TO DISCUSS THE PROGRAM’S DEEP FLAWS. OF COURSE, MANY EMPLOYERS IN THE AGRICULTURAL INDUSTRY DON’T SEE IT THE SAME WAY. OTHERS SAY IT IS MUTUALLY BENEFICIAL FOR EMPLOYERS AND WORKERS, AND YES THERE ARE GENERATIONS OF MEXICAN MEN WHO HAVE GIVEN THE U.S. THEIR YOUTH, THEIR WORK, AND IN EXCHANGE THEY’VE BEEN ABLE TO MAKE BETTER LIVES FOR THEMSELVES AND THEIR FAMILIES IN THEIR HOMETOWNS. I MET AN OLDER MAN IN NORTHERN MEXICO WHO HAD WORKED FOR MORE THAN 20 YEARS IN THE TOBACCO FIELDS OF NORTH CAROLINA, GOING BACK AND FORTH EVERY YEAR. HE TOLD ME THAT HE MISSED SO MANY OF HIS CHILDREN’S MILESTONES, BUT WAS ABLE TO BUY LAND, A TRUCK, START A BUSINESS. HIS SON THEN FOLLOWED IN HIS FOOTSTEPS; HE ALSO BECAME AN H-2A WORKER, AND IT WAS NOW HIS TURN TO SAY HEARTBREAKING GOODBYES TO HIS LITTLE BOY.
TINA: THERE CAN NEVER REALLY BE A FULL ACCOUNTING OF THE H-2A PROGRAM’S HUMAN COST.
DANIEL COSTA: I BELIEVE THERE’S A GROWING GLOBAL CONSENSUS AMONG IMMIGRANTS RIGHTS ACTIVISTS AND WORKER ADVOCATES THAT TEMPORARY FOREIGN WORKER PROGRAMS ARE IN FACT, BY THEIR VERY NATURE INDENTURED WORKER PROGRAMS. IN OTHER WORDS, THEY’RE CLOSE TO SLAVERY.
TINA: FOR MIGRANT WORKERS LIKE THE FRIENDS WE MET IN PART ONE AND THE BROTHERS WE HEARD FROM EARLIER…WE CAN’T EVEN FULLY COMPREHEND THE EXTENT TO WHICH THEY’VE BEEN ROBBED BY RECRUITERS AND EMPLOYERS, AND FAILED BY THE U.S. GOVERNMENT, SO HOW ON EARTH CAN WE MEASURE THE TOLL ON THEIR BROKEN BODIES AND THEIR SPIRITS?
FERNANDA: THE GOAL OF THE H-2A PROGRAM HAS ALWAYS BEEN TO ADDRESS LABOR SHORTAGES FOR FARMERS. NOW, THERE’S A NEW GOAL: TO USE IT TO SLOW MIGRATION TO THE SOUTHERN BORDER. BUT THE WORKERS, THEIR RIGHTS, THEIR STOLEN WAGES, THEIR LIVES… THOSE DON’T SEEM TO BE A PRIORITY IN THE AGENDA. SO FOR NOW, ALL THEY HAVE IS THE UNSPOKEN RULE: PUT YOUR HEAD DOWN, DO THE WORK, DON’T COMPLAIN.
SHOW CREDITS
“HEAD DOWN” IS AN ORIGINAL PRODUCTION BY FUTURO INVESTIGATES, IN COLLABORATION WITH LATINO USA, AND PRISM.
I’M FERNANDA ECHAVARRI IN FOR OUR HOST AND EXECUTIVE PRODUCER MARIA HINOJOSA.
THIS EPISODE WAS REPORTED AND PRODUCED BY PATRICIA SULBARÁN, TINA VASQUEZ, AND ME, WITH ASSISTANCE FROM ROXANA AGUIRRE. IT WAS EDITED BY ANDREA LÓPEZ-CRUZADO AND ME.
PENILEY RAMÍREZ IS THE EXECUTIVE PRODUCER OF FUTURO INVESTIGATES.
MUSIC AND SCORING BY JACOB ROSATI.
FACT-CHECKING BY AMY TARDIF.
THIS EPISODE WAS MIXED BY JULIA CARUSO AND JJ QUERUBIN.
NANCY TRUJILLO AND RAUL PEREZ ARE FUTURO INVESTIGATES PROJECT MANAGERS.
REPORTING WAS MADE POSSIBLE WITH SUPPORT FROM THE W.K. KELLOGG FOUNDATION, THE MCGRAW CENTER FOR BUSINESS JOURNALISM, THE CRAIG NEWMARK GRADUATE SCHOOL OF JOURNALISM AT THE CITY UNIVERSITY OF NEW YORK, THE TOW FOUNDATION, AND MICHELLE MERCER AND BRUCE GOLDEN. EARLY SUPPORT FOR THIS REPORTING CAME FROM THE HOWARD G. BUFFETT FOUNDATION.
SPECIAL THANKS TO ABRAHAM VAZQUEZ, SOFÍA SÁNCHEZ, ELIZABETH LOEWENTHAL TORRES, NINA ALVAREZ, DIANE SYLVESTER, AND THE FARMWORKERS WHO SHARED THEIR STORIES WITH US.
THE LATINO USA TEAM ALSO INCLUDES:
DAISY CONTRERAS
MIKE SARGENT
MARTA MARTINEZ
VICTORIA ESTRADA
AND REYNALDO LEAÑOS JR.
OUR EDITORIAL DIRECTOR IS FERNANDA SANTOS.
OUR ENGINEERING TEAM ALSO INCLUDES STEPHANIE LEBOW AND JJ QUERUBIN.
OUR MARKETING MANAGER IS LUIS LUNA.
OUR THEME MUSIC WAS COMPOSED BY XENIA RUBINOS.
FOR MORE, VISIT FUTURO-INVESTIGATES-DOT-ORG AND PRISMREPORTS.ORG
JOIN US AGAIN NEXT TIME AND IN THE MEANTIME, YOU CAN FIND US ON SOCIAL MEDIA.
CHAU
