Biometric Data on All Workers Proposed

by Lindsey Daniel, AFSC Policy Intern

In a Senate hearing last week, Senator Chuck Schumer (D-NY) and Congressman Luis Gutierrez (D-IL), both leaders on immigration in the House and Senate, stated that an employment verification system including a biometric identifier, such as fingerprints, is a key to any broad immigration bill. "Only by creating a biometric-based federal employment verification system will both employers and employees have the peace of mind that all employment relationships are both lawful and proper," said Schumer.

Currently an electronic employment verification system called, E-Verify, is used by the government determine the eligibility of workers in America for employers who chose to voluntarily use the system. The government recently announced that it will require federal contractors to use E-Verify.

Failure to Fix E-Verify Errors Raises Concern

Senator Russ Feingold (D-IL) expressed concern for the expansion of E-Verify without trying to fix the system. He cited reports showing that roughly 600,000 workers, mostly U.S. citizens, would be deemed ineligible under mandatory electronic employment verification. "Workers must be given a simple, straightforward means to appeal any data errors," said Feingold.

You can watch the hearing webcast by visiting the hearing webpage.

Social Security Administration Testifies on E-Verify's Impact

The current E-Verify system requires the Social Security Administration (SSA) to verify that a newly hired employee's Social Security Number, name and date of birth match the SSA records. For employees claiming United States citizenship, SSA also confirms citizenship status. "The SSN card was never intended, and does not serve, as a personal identification document," said David Rust of the SSA in a House hearing on E-Verify last week.

In almost every situation, SSA must conduct a face-to-face interview if an employee contests a mismatch of their SSN or citizenship information, explained Rust. This is time SSA employees cannot use to assist applicants for a Social Security benefit, according to Rust.

To watch the hearing webcast and view witness statements, click here.

Mandatory E-Verify Affects Every Single Worker

A mandatory electronic employment verification system - and all the errors that come with it — does not just affect immigrants; it will apply to every single worker in this country — U.S. citizens and immigrants alike, emphasizes Tyler Moran of the National Immigration Law Center (Immigration Impact).

"In most cases, employers aren't likely to wait out the red tape to re-verify a worker - employers will fire first and only the most well connected workers will be able to ask questions later. This will further jeopardize economic recovery by expanding job loss, undermining employer confidence and thrusting millions of hardworking, legal families into a web of uncertainty," said Anna Burger of the Service Employees International Union (SEIU).

Learn more

A community survey of 400 immigrant workers conducted by the American Service Committee’s (AFSC) Arizona program reveals the impacts of mandatory E-Verify in Arizona:

• Download the report (PDF)

Agricultural Workers Face January (In) Justice

In less than two weeks the White House will have new residents, and Congressional hallways will buzz with increased action. Public hearings will be held, appointments will be made and it is likely that policies -- on a number of issues -- will be reviewed.

This is an ideal moment for the incoming administration to consider a forward-looking shift in immigration policy and repair an obsolete system that no longer responds to global economic, demographic or social shifts.

One basic starting point for the new administration should be the announcement of an executive order that immediately stops worksite and community raids. From coast to coast, and with a clear disregard for basic human rights, raids have destroyed entire immigrant communities and torn apart families. The towns of Postville, Iowa and New Bedford, Massachusetts, and other cities and towns have provided a disturbing sense of how communities have unraveled and the humanitarian crisis that has always followed.

Another immediate action for Washington's new leadership is for a revision of last-minute regulations that target temporary agricultural workers. On January 18th farm and agricultural workers (hired through the Department of Labor’s H2-A temporary agricultural worker program) will face new regulations that raise concerns about wages and labor protections. The H2-A program has historically allowed agricultural sector employers to hire immigrant workers for temporary employment.

AFSC has consistently pressed for a substantive alternative to temporary employment programs so that seasonal farmworkers have the opportunity to adjust their immigration status and be full participants in the nation's social fabric and labor force. Seasonal agricultural workers have limited labor rights, and often live a transitional and marginal existence. The enactment of the regulations will continue this abysmal reality and diminish the few labor protections agricultural guest workers can sometimes rely on while, also, scaling down their wages. More troubling is that these last minute policies continue to set the tone for chipping away at the hard-earned rights of workers in general.

In commenting on the regulations, U.S. Representative Howard L. Berman (D-CA) observed, "Given today's economic crisis, it is stunning that on their way out the door, the Bush Administration would take this eleventh-hour swipe at farm workers who are already paid some of the lowest wages in the United States."

Take Action Now:

• Visit http://www.change.gov/ and urge that the nation's work standards and labor regulations protect any worker in an equal and sensible manner.
  

  
  
  

A Taxing Time for Chicago Cab Drivers

Cabdrivers Have Human Rights Too!

“Cabdrivers deserve a fair fare increase...”
Chicago Sun-Times Headline Commentary – 10/3/08

For months now Chicago's United Taxidrivers Community Council (UTCC) has worked to draw attention to the grim work and labor conditions of its members. AFSC’s Chicago office serves as a community ally of UTCC and provides technical assistance and support to this cab-driver led, grassroots organization. Chicago's increased cost of living, the national economic downturn and the daily and weekly expenses of driving a taxi in the city and its surrounding suburbs, have increased the financial hardship faced by the 10,000 taxi workforce.

This past April as fuel costs increased the City Council imposed a $1 gas surcharge. However, the gas surcharge was conditional, only provided temporary relief and was then passed on to passengers and customers. UTCC has noted that the gas surcharge bears no relation to a revision of current fare rates which would provide substantive economic relief. The gas surcharge was recently reduced and gradually eliminated altogether.

In early October the City Council’s Committee on Transportation and Public Way indicated its unwillingness to consider a fare increase for at least another year. UTCC has taken various steps to address this situation including sending a letter to the City Council’s Committee on Transportation and Public Way, urging for their support of a public hearing on the revision of the current fare rates.

Moreover, public opinion and increased media coverage point to support for a fare hike and solidarity with the city's taxidrivers. In a November 2008 letter to Mayor Richard M. Daley, Fayez Khozindar (UTCC board chair)wrote:

“...We have completed and we will be submitting over 1,300 signatures calling for a permanent 16% fare increase, and biennial review of the rates of fare thereafter. According to our statistics, cabdrivers are driving an average shift of 12 hours and 20 minutes, and earning a mere $5.77 an hour. Please consider that in the city of Chicago, birthplace of the 8-hour-day, many cabdrivers are working 14 hours a day.

We will do what it takes to catalyze the reforms that we need, but we wish to keep the city running smoothly. We are ready to strike, if our request for productive dialogue is not reciprocated -- but we hope that we will be offered a seat at the table, instead of being excluded from decision-making in matters that affect us, as in the past.”

UTCC also seeks a moratorium on the issuance of new city medallions, and an ongoing dialogue with the Department of Consumer Services and city officials to improve the industry’s labor conditions.

For further information on the AFSC and UTCC partnership contact Prateek Sampat at psampat@afsc.org or at 312-427-2533.

Local Victory in Florida

By Lucio Perez-Reynozo
AFSC – Miami, Florida

In times of difficulty, in times of persecution of millions of undocumented individuals and families, a sign of relief for a few day labor workers is in place.

The City of Lake Worth (Palm Beach County, Florida) has approved a Resource Center for daily workers in spite of opposition. Read more on the city’s decision in this Palm Beach Post article.

The City of Lake Worth is a small city with a significant Maya population that has embraced the City as its own. Maya people began to settle in Lake Worth during the middle of the 1980s at the time when thousands of people fled Guatemala because of mass killings and genocide.

The people bring with them a culture that has been in existence for thousands of years, including different languages. Most of those who have settled in the city speak Kanjobal and Mam.

Hopefully, the Resource Center will be an educational center for everyone who wants to learn, including those who opposed its development.

Link: AFSC-Miami

Reflections on My Trip to Postville

Guest post by Rabbi Laurie Zimmerman of Madison, Wisconsin

I was standing next to a long table full of neatly arranged trays of cookies when I felt a light tap on my shoulder. I turned around and saw a woman with white hair smiling kindly at me. Noticing my kippah she offered, "The kosher cookies are over here." After finishing our march through the tiny town of Postville, Iowa, the hospitality committee of St. Bridget's Catholic Church was waiting for us, eager to show their appreciation that we had come. (Photo Credits: Rabbi Laurie Zimmerman)

Interfaith March Joins Over 1,000 People

It was an extraordinary experience to march through Postville, a town of 2,200 people. The afternoon began with an interfaith service with hundreds of people packed into the tiny church. We read liturgy of courage, hope, and love together both in English and Spanish, and we sang a beautiful rendition of Hinei mah tov in unison - indeed, how great it was that we were all sitting there together.

We were quite a diverse group of over 1,000 people. The march, organized by Jewish Community Action of Minneapolis, Jewish Council on Urban Affairs of Chicago, and our host, St. Bridget's Catholic Church, drew a fascinating crowd. As we walked through the neighborhoods, Postville residents sat on porch stoops or lawn chairs watching us as we marched by. They seemed to be fascinated by us - after all, such a march had never happened in this town.

When we arrived at Agriprocessors, a rabbi, speaking through the loud-speaker, explained a piece of Talmud which prohibits employers from oppressing their workers. We passed a park where we heard more speeches and a poem by children. We then walked into the center of town where we were confronted by a small, angry group of counter-protestors who did not seem to be from Postville. One sign read, "Pack their sack and send them back." A line of police officers separated us.

Community Reflects on "Disaster" of Raids

I walked for some time with an older couple who lived ten miles outside of Postville. They kept repeating the word disaster - the raid was a disaster, the working conditions at the plant were a disaster, the plight of the children separated from their parents was a disaster, the deportations were a disaster. They were members of St. Bridget's. I asked what people in the church thought of all of this. They answered, "The church just doesn't like to see families separated. It's just not right."

Iowan Hospitality

A downpour interrupted the last of the speeches outside of St. Bridget's. We all piled into the church - with a spread of cookies waiting for us. Throughout the day I had wondered what the folks at St. Bridget's thought of so many Jews converging on their town. Did they understand that we also shared so many things in common? The kosher cookies seemed to say it all. I thanked one of the women on the hospitality committee. She responded, "We are so happy to have you." "But serving 1,000 people cookies?" I asked. "We're Iowans. This is what we do."

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For information on the May 12 Immigration and Customs Enforcement (ICE) raid in Postville and AFSC's involvement, click here and find out how you can help.

• To read "Interpreting after the Largest ICE Raid in US History: A Personal Account," by Erik Camayd-Freixas, Ph.D., click here (PDF, 104Kb).
  
• To read an article by Sandra Sanchez of AFSC Des Moines about the ICE raid on immigrant workers in Postville, click here.

REST IN PEACE: Farm Workers Die in Scorching Heat

State Monitoring an Urgent Need

"Last week I talked to a farm worker picking nectarines. I asked him what precautions his employer was taking, and he said that other than being told to drink water and seek shade -- if it got too hot -- there was nothing else.

There have not been employee meetings to keep reminding people of the deadly potential. Also, employees are intimidated, thinking that if they take time off to cool down they will be fired, and that's not something to look forward to..." - Graciela Martinez -AFSC area staff (Visalia, California)


For California's farm workers, keeping track of the weather conditions and the blazing heat is increasingly a matter of daily survival. The physically grueling and backbreaking work that exposes farm workers to the unbearable heat is increasingly a matter of life -- or death.

While some media attention has been drawn to the tragedies in California, farm workers in vineyards and agricultural fields throughout the nation also face similar weather conditions.

Sadly, California is a disturbing reminder of what can happen when basic labor and worker rights are not vigorously monitored or implemented.

Since mid-May four persons have succumbed to the incessant heat and unrelenting weather conditions. In each instance s/he indicated not feeling well. In several of these deaths, body temperatures exceeded 105 degrees:


May 13: Maria Isabel Vasquez Jimenez (17), pregnant, died while laboring in Stockton area grapevines. Her core temperature was 108.

June 20: Jose Macarena Hernandez (64), died while harvesting butternut squash in Santa Maria. He died during one of the state's record-breaking heat days.

July 8: Abdon Felix Garcia (42), father of three, died after a day of labor in Arvin-based vineyards.

July 9: Ramiro Carrillo Rodriguez (48), died after a day of work in Reedley. He leaves behind two teen-agers, ages (13) and (16).

According to Graciela Martinez, "These tragic deaths can be avoided with proper information and vigilance, by working with the employers, or with the farm labor contractors to make sure rest time and water is provided at all times, especially during the hottest parts of the year."

YOU CAN TAKE ACTION TO CHANGE THIS TRAGIC SITUATION: LET GOVERNOR SCHWARZENEGGER HEAR YOUR VOICE FOR LABOR RIGHTS!

Send the Governor an e-mail: http://www.gov.ca.gov/interact#contact OR

Call the Governor's office: 916-445-2841 OR

Send the Governor a fax: 916-558-3160 OR

1. Request that he act now to prevent any future deaths or tragedies.

2. Urge him to add real "muscle" to the state's heat regulations (which he signed in 2006), and make sure that there are sufficient state inspectors to monitor compliance by agricultural employers and farm labor contractors.

3. Let him know that you will continue to monitor this situation until visible improvements are made and farm worker labor rights are fully protected.

E-Verify Hits Home

by Daniela Martinez Moreno
AFSC Special Projects Fellow

Representative Maxine Waters (D-CA) expressed concerns about E-Verify: "I question all of these systems," said Representative Waters. "I question whether or not we really know whether or not there is a 0.5 percent error or a 4 percent error in the E-Verify system."

On June 10, the House Judiciary Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee held a hearing on the Electronic Employment Verification System, also known as "E-Verify." The system uses information in databases maintained by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to check an individual's employment eligibility.

Representative Zoe Lofgren (D-CA), Chair of the Immigration Subcommittee, expressed concerns about the system's faulty database and the potential effects of making E-Verify mandatory for all employers. The SSA's Office of the Inspector General reports that 4.1 percent of its records contain discrepancies related to name, date of birth, or citizenship status, with 12. 7 million of those records pertaining to individuals born in the United States.

Rep. Lofgren highlighted Traci Hong's story. Hong serves as Rep. Lofgren's Legislative Counsel. When a government agency used E-verity to check Hong's work eligibility, Hong made "six separate trips" to the personnel office and to SSA to prove that she was a naturalized U.S. citizen. Navigating the system proved difficult for Hong, an immigration lawyer. "Others might have given up," said Rep. Lofgren (USA Today).

Half a Percent Goes a Long Way

Although Representative Heath Shuler (D-NC) argued that the error rate in E-Verify is "only 0.5 percent", House members pointed out that a 4.1 percent error rate in the SSA database translates to 17.8 million errors that could affect an employee's work eligibility. Subcommittee members raised questions about Representative Shuler's legislation, the Secure America Through Verification and Enforcement Act (SAVE Act, H.R. 4088), which would mandate the use of E-Verify by all employers.

Proponents of Employment Verification at Odds

Representatives Sam Johnson (R-TX) and Gabrielle Giffords (D-AZ), cosponsors of the New Employee Verification Act (NEVA, H.R. 5515) were also amongst the list of witnesses questioned by House Immigration Subcommittee members. NEVA mandates the creation of a new Secure Electronic Employment Verification System (SEEVS) that would use the SSA database to verify employment eligibility for U.S. citizens or nationals, and DHS information to verify employment eligibility for non-U.S. citizens.

According to Representative Giffords, "In Arizona, E-Verify is carrying into virtually all other aspects of life. Media outlets report instances of racial profiling and discrimination on the part of employers." Arizona became the first state to mandate the use of E-Verify for all its employers.

However, Representative Maxine Waters (D-CA) expressed concerns that NEVA still mandates the use of the faulty SSA database. "I question all of these systems," said Representative Maxine Waters. "I question whether or not we really know whether or not there is a 0.5 percent error rate, or a 4 percent error rate," Rep. Waters said.

House Members Apprehensive About Potential Discrimination

Representative John Conyers (D-MI), Chairman of the House Judiciary Committee, expressed concerns that "for many employers, it will be easier to just not hire employees with 'unusual' names or who appear foreign."

Members of the Immigration Subcommittee are also wary about the potential effects of E-Verify on employer discrimination. A September 2007 evaluation on E-Verify conducted by Westat, a research agency for the U.S. government, revealed that "31 percent of employers reported using E-Verify to verify employment eligibility before the employee's first day of paid work." E-Verify prohibits registered employers from using the program for pre-employment screening of job applications.

Despite Growing Concerns, Administration Moves Ahead with E-Verify

Despite discussions in Congress about the dangers of making E-Verify mandatory for all employers, on June 9 President George Bush amended Executive Order 12989 to mandate the use of the electronic employment verification system for all federal contractors. DHS has designated E-Verify as the electronic employment eligibility verification system that all federal contractors must use to comply with Executive Order 12989.

AFSC is troubled with this development and encourages the public to call for the laying down of E-verify. This proposed 'will have a negative impact on the rights of workers, and civil the liberties and labor rights of immigrants and non-immigrants alike. E-verify do not resolve the realities of a broken immigration system which has not kept pace with global changes, economic shifts or the root causes of migration.

Guestworkers' Dream of a Better Tomorrow Becomes Exploitation Nightmare

In 2006 Vijay Kumar and Sony Suleka travelled from India to Mississippi with a promise of gainful employment and a better life by labor recruiters in return for $20,000 (Associated Press). The advertisement for welders and pipe fitters to rebuild oil rigs destroyed by Hurricane Katrina read "permanent lifetime settlement in the USA for self and family" (Washington Post). "These workers came to help rebuild the Gulf, and on arrival their nightmare began," said Representative Dennis J. Kucinich (D - OH) this week at a rally in front of the Department of Justice.

According to the facts found in the civil class action lawsuit, filed on behalf of over 500 Indian workers, Signal International, LLC, abused the H-2B visa program in a fraudulent, coercive, and threatening recruitment process that resulted in the grave mistreatment and severe exploitation of the Indian workers.

"When we complained we were told we could be deported," said Shivan Raghavan (Washington Post).

Workers Risk Safety to Bring Traffickers to Justice

In March 2008 the workers escaped from the work camps and reported themselves as survivors of human trafficking to the Department of Justice (DOJ). The workers bravely requested that DOJ investigate the actions that led to their being held in servitude. In addition, they have agreed to cooperate with a federal criminal investigation of Signal International, LLC in order to ensure that their suffering is not repeated.

"We could have disappeared, but we chose to come forward and report the company to the Department of Justice. We sacrificed our ability to work and be with our families for the sake of bringing Signal and its recruiters to justice," the workers said in a collective statement read by Sabulal Vijayan. At the rally, the workers suspended a 29-day hunger strike as they await action from the Department of Justice.

Members of Congress Request DOJ Action

Twenty members of Congress wrote a letter to DOJ requesting a grant of "continued presence" status as trafficking victims under the Trafficking Victims Projection Act (TVPA). This would allow the workers to remain safely in the U.S. without the threat of deportation while the federal government conducts a criminal trafficking investigation.

Congressional members included Senator Bernard Sanders (I-VT), Representatives Neil Abercrombie (D-HI), Tammy Baldwin (D-WI), Robert Brady (D-PA), John Conyers (D-MI), Gene Green (D-TX), Raul Grijalva (D-AZ), Luis V. Gutierrez (D-IL), Mazie Hirono (D-HI), Mike Honda (D-CA), Dennis Kucinich (D-OH), Barbara Lee (D-CA), Jim McDermott (D-WA), Doris Matusi, James Moran (D-VA), Janice Schakowsky (D-IL), Fortney Stark (D-CA) and Delegate Eleanor Holmes Norton (D-DC). (Photo credits: Sara Ibrahim).

AFSC Joins in Call for Workers' Justice

AFSC stands in solidarity with those who suffer the injustice of being stripped of their fundamental rights of liberty, family, livelihood, and fairness.

To Learn More

Visit the New Orlean's Center for Racial Justice website and blog.

AFSC Submits Comments on "No Match" Rule

Last week the American Friends Service Committee (AFSC) submitted comments on the Department of Homeland Security's (DHS) republished No-Match rule. AFSC strongly opposes DHS' reissuance of the Safe Harbor Procedures for Employers Who Receive a No-Match Letter believing that relying on outdated information and a flawed database is a disaster for the nation's workforce.

>Read the National Immigration Law Center's summary of the supplemental proposed rule here.

The use of a flawed database to verify employment serves no one, least of all employers or workers - whether native born or born elsewhere. Indeed, errors and discrepancies have already fostered apprehension and fear among workers, and could lead to racial profiling, worksite or labor rights abuse, summary dismissals and other actions that impinge on the basic civil and labor rights of all workers - regardless of their status in the United States.

>Read more of AFSC's response here.

AFSC Portland and Coloradans for Immigrant Rights Share Local Community Concerns

The daily and ongoing work with community partners, faith-based and, grassroots organizations enables AFSC to continue to learn and more deeply understand the pressing immigration policy issues which generate tension and apprehension in immigrant and refugee communities throughout the nation. For example, the proposed "No Match" ruling has already had grave consequences in several of these communities, including job loss and the ensuing worry of how to make ends meet in an already dismal setting in which undocumented immigrant workers are targeted. Yet, legislative and policy solutions to address this situation have been repeatedly stalled.

AFSC Portland Area Program Office and Coloradans for Immigrant Rights, a partner project of AFSC recently submitted comments providing regional perspectives on the detrimental impact of the proposed rule.

Since the issuance of the proposed rule, AFSC Portland and CFIR have received an increasing number of calls from community members reporting increased fear and confusion as employees and employers struggle to understand the policy.

According to AFSC Portland Office Immigration Specialist, Alice Perry, "Due to the current anti-immigrant climate, many citizens of Latino descent in Oregon have reported racial profiling across a number of areas. Reissuing this rule can only make it worse," she wrote in the public comment submitted to DHS.

AFSC strongly urges DHS to pursue worksite policies, which enable employers to help their workers adjust their immigration status, even as those workers continue to contribute to the nation's economic vitality. Rather than re-craft a failed approach to our nation's immigration issues, AFSC urges the administration to pursue realistic and effective policies which provide a due and fair process for the immigration adjustment of immigrant workers who work and who contribute to the nation's economic and social vitality.

AFSC Responds to Proposed H-2A Visa Program Changes

by Daniela Martinez Moreno
AFSC Special Projects Policy Fellow

On April 14, AFSC submitted public commentary on proposed changes to the H-2A agricultural guestworker program requirements. "With more than four decades engaged in direct community work and partnerships with farm workers and their families, and other leading faith organizations, AFSC is troubled that proposed changes to the H-2A Visa program lack a coherent process for the integration of workers," AFSC stated in the comment to the Department of Labor. AFSC joined hundreds of organizations including Farmworker Justice to issue comments in opposition to the Administration's plan to overhaul the H-2A agricultural guestworker program. Photo Credit: Echando Raices/Taking Root.

> Read more of AFSC's response here.

Changes Reduce Wages and Labor Protections

In February, the Department of Labor (DOL) proposed new regulations to change the H-2A guestworker program, which they claim will make it easier for farmers to obtain a much-needed workforce through legal channels. However, the proposed regulations significantly reduce the wages of agricultural guest-workers and weaken the already modest labor protections.

The proposed regulations mandate the use of the Bureau of Labor Statistics (BLS) database in order to calculate the wages of the workers. According to advocacy organizations Farmworker Justice and United Farm Workers (UFW), the use of the flawed BLS surveys significantly reduce workers' wages.

Congressional Leaders Urge Withdrawal of Proposed Regulations

Last month five senior members of the House of Representatives, including Rep. George Miller (D-CA), Chairman of the Committee on Education and Labor, and Rep. John Conyers (D-MI), Chairman of the Judiciary Committee, sent a letter to Department of Labor Secretary Elaine L. Chao urging the DOL to withdraw the proposed H-2A regulations.

The proposed regulations "fly in the face of the very purpose" of the DOL, wrote the House members, which is to promote and foster the welfare of the wage earners in the U.S. and improve their working conditions.

Needed Reforms Must Not Compromise Worker Rights

AFSC emphasizes that much-needed reform to the H-2A program must not compromise worker rights and also ensure that all workers are protected and treated in compliance with national labor standards. Furthermore, any changes to the H-2A program should involve the oversight and leadership of appropriate Congressional leaders and committees charged with safeguarding worker rights and labor protections.

AFSC will monitor the unfolding discussion and work with faith and other organizations including community organizations and unions to ensure that the nation's workers are protected. We will remain attentive and continue to speak in support of policy proposals and humane measures, which strengthen the rights of all workers and remain true to the nation's founding principles of due process and justice.