Centenial Celebration

Transaction Search Form: please type in any of the fields below.

Date: April 29, 2024 Mon

Time: 8:36 pm

Results for migrant abuses

1 results found

Author: American University, Washington College of Law, Immigrant Justice Clinic

Title: Taken for a Ride: Migrant Workers in the U.S. Fair and Carnival Industry

Summary: Samuel Rosales Rios came to the United States from Mexico as a temporary worker under the H-2B guestworker program1 only to be treated by his employer not as a guest, but as a near-slave. Samuel was permitted to enter the U.S. and work legally on a temporary seasonal basis for the employer who had sponsored his work visa, the operator of a Greek food stand at a state fair. Samuel and his coworkers were forced to work between 16 and 17 hours per day for many days in a row in temperatures that sometimes reached over 90 degrees Fahrenheit (over 30 degrees Celsius). The workers lived in poor housing and sometimes earned as little as $1 USD (approximately 13 MXN) per hour, despite being promised an hourly rate of $10 to $12 USD (approximately 129 to 154 MXN) and decent living conditions. Samuel received so little pay that he could not afford to buy additional food to supplement the single meal his employer provided, leading him to suffer dehydration and hunger during his long shifts. After several days of sleeping in an overcrowded, bedbug and flea-infested trailer, and without an adequate place to bathe, Samuel eventually sought treatment in an emergency room for dehydration and infections from bug bites. Samuel and his coworkers’ experiences are illustrative of the appalling work conditions H-2B workers in the fair and carnival industry often face. These workers are vulnerable to unfair employment and labor practices in part because their visas only authorize them to work for the employer who sponsored them, and also because they often arrive in the U.S. with a debilitating pre-employment debt. Recent attempts to enhance H-2B worker protections, while a step in the right direction, are currently stalled due to employer-driven litigation. As a result of inadequate government oversight and enforcement of existing laws, coupled with workers’ limited access to exercise their rights by filing complaints regarding employment and health and safety violations, employers continue to bring workers to the U.S. and place them in deplorable work and living conditions with almost absolute impunity. While Samuel’s employer faced legal consequences, many more violations of fair and carnival workers’ basic rights are never reported or enforced. Too many workers like Samuel are taken for a ride. Based on interviews with H-2B workers in Maryland, Virginia, and Mexico, this report sheds light on the abuses that fair and carnival workers face. Such abuses include deceptive recruitment practices and high pre-employment fees and costs; wage theft; lack of access to legal and medical assistance; substandard housing; and unsafe work conditions. The fair and carnival industry epitomizes what is currently most problematic with the H-2B temporary worker program, as employers are often able to mistreat their workers and claim exemption from basic worker protection laws with very little scrutiny. This report provides recommendations that would rectify H-2B worker mistreatment through means such as comprehensive immigration reform, agency rulemaking, and enforcement of existing laws. Fixing the H-2B program would not only help foreign temporary workers: all workers in the U.S. benefit when the rights of a specific group of workers are enhanced and enforced.

Details: Washington, DC: American University, Washington College of Law, Immigrant Justice Clinic, 2013. 104p.

Source: Internet Resource: Accessed March 12, 2013 at: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf

Year: 2013

Country: United States

URL: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf

Shelf Number: 127920

Keywords:
Forced Labor
Human Rights
Immigration
Migrant Abuses
Migrant Workers, Labor Conditions (U.S.)