Washington, DC – Farmworker Justice applauds President Obama for taking action to address our broken immigration system. Farmworker Justice has been helping farmworker organizations advocate for a more just immigration system because immigration policy has profound impacts on farmworkers, their families and their communities. The President’s administrative relief for certain undocumented immigrants will help several hundred thousand farmworker families. It also represents a step toward desperately-needed, comprehensive reform of our immigration system that Congress should enact.
“We commend President Obama for providing temporary protection against deportation and work authorization for undocumented immigrants who have strong ties to our communities. Several hundred thousand farmworkers who labor on our farms and ranches could be eligible for this administrative relief. It is sensible and within the President’s authority. With protection against the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces.
“Even as we celebrate with those who will be eligible for relief, we are disappointed at the limits of the program. The eligibility criteria will deny administrative relief to many deserving farmworkers and their family members, including many long-time farmworkers who do not have U.S. citizen children.” said Bruce Goldstein, President of Farmworker Justice.
Goldstein concluded: “Immigrant farmworkers and other aspiring Americans deserve to be treated with respect and should be given the opportunity to earn immigration status and citizenship. Demands by some employer groups for exploitative guestworker programs should be rejected. Congress should pass immigration legislation that remains true to our history as a nation of immigrants.”
There are remarkably few data sets about the demographic and economic characteristics of farmworkers. Among the few studies that do exist, many have significant shortcomings. One of the better sources for over 20 years has been the National Agricultural Workers Survey (NAWS), commissioned by the U.S. Department of Labor (DOL). A random sample of farmworkers is interviewed regarding their families, their jobs, immigration status, and health. There are additional categories that vary between surveys. In the past, the DOL published several helpful reports based on the NAWS data.
Unfortunately, DOL has not published a report in many years and until recently it even stopped releasing the data to the public. Farmworker Justice requested and obtained DOL’s release of the public data from the 2011-2012 surveys. The raw data is available at http://www.doleta.gov/agworker/naws.cfm.
Our staff examined the survey data to provide a basic economic and demographic portrait of farmworkers, including data related to some of the specific policy issues in which we work. We have not conducted a complete analysis of all the data. The downloadable memorandum summarizes some of the major findings drawn from the NAWS to help inform the public, policymakers, and organizations that serve farmworkers.
Updated statistics in memo include:
Total population of farmworkers
Percentage of migrant workers
Gender and Age breakdowns
Ethnicity and Language breakdowns
The simple family farmer in the folk song “Old McDonald’s Farm” tended alone to his animals; he didn’t hire any farmworkers. Much has changed since the era of Old McDonald, yet today’s farming corporations often claim they don’t “employ” any of the workers on their farms or ranches.
Similarly, the McDonald’s Corporation, which started in a single store in 1948, claims it doesn’t employ any of the workers in its franchised restaurants. By denying employer status companies seek to avoid responsibility for ensuring that workers receive the minimum wage, Social Security coverage and other worker benefits and protections, and for negotiating with unions.
Today about 2.5 million people labor on farms and ranches in the United States. They cultivate and harvest fruits, vegetables and other crops and they raise and care for dairy cows, chickens, sheep and other livestock. Most of them work on larger farms that use from several dozen to a few thousand farmworkers each year. A large percentage of these farmworkers are recruited, hired and employed through farm labor contractors, “crewleaders,” labor leasing firms or other intermediaries. The farm operator often contends that it does not “employ” any farmworkers. Rather, it claims that the labor contractor is the sole “employer” and therefore is solely responsible for complying with the minimum wage, workers’ compensation, Social Security contributions and immigration laws.
About 1.5 million people work at tens of thousands of McDonald’s fast food franchises around the world, whom McDonald’s claims that it does not employ. It contends that the franchisee is the only employer and is solely responsible for setting job terms and complying with labor and immigration laws.
These efforts to escape status and responsibility as an employer have dire consequences for many workers. The farm operators and McDonald’s possess economic power to dictate how the farm labor contractors operate and how the McDonald’s franchisees carry out their functions. They take advantage of that power for their own benefit, leaving few resources for the worker to gain from the labor contractor or franchisee.
Farmworkers often do not receive the promised, or even legally-required, job terms from their labor contractor. If they dare to sue the labor contractor, most have a hard time collecting what is owed. With a majority of the farm labor force lacking authorized immigration status, few farmworkers feel protected to file lawsuits or join a labor union.
The McDonald’s Corporation’s success is built largely on its ability to control the consistency of the customer experience at its company-owned and franchised restaurants throughout the world. For workers who wish to reform the way they are treated, many franchise owners will not and cannot adopt major changes unless McDonald’s revises its approach.
One of the solutions is to reject the companies’ claims that they are not “employers,” instead making the farm operator and McDonald’s “joint employers.”
Farmworkers have sued growers and their labor contractors as joint employers with some success, and fast food workers are also now making efforts to hold McDonald’s responsible as an employer of the workers in its franchised restaurants in the U.S. Recently, the chief attorney at the National Labor Relations Board announced plans to bring a case to hold McDonald’s responsible as an employer under the National Labor Relations Act. The NLRA (which excludes agricultural workers and employers) protects most workers’ right to organize free from retaliation and requires employers to bargain collectively in good faith with certified labor unions.
The response from business has been predictably fierce. Both McDonald’s and farm operators want to exercise the right to control their franchises and labor contractors, respectively, to assure their profit, which has substantial consequences for the people who actually perform the work.
Long ago, Old McDonald’s Farm stopped being the predominant model for agriculture, and McDonald’s ceased to be an owner-operated hamburger joint. The courts should make clear that fast food chains and farm operators are jointly responsible as employers of the workers who labor in restaurants and farms.
Goldstein is president of Farmworker Justice, a non-profit, nonpartisan organization in Washington, D.C. that works to improve living and working conditions for migrant and seasonal farmworkers.
By Bruce Goldstein
President Obama Announces Plan to Defer the Deportation of up to 5 Million Undocumented Persons
Farmworker Justice applauds President Obama for taking positive executive action to address our broken immigration system. We celebrate with the hundreds of thousands of hard-working farmworkers who will qualify for this relief. Farmworker Justice has been working towards a more just immigration system for farmworkers for decades and with the hard work of so many, we stand one step closer to the reform our immigration system so desperately needs. We vow to continue fighting until Congress passes legislation for all undocumented immigrants, including farmworkers who are not covered by this executive action. Our press statement on the President’s announcement is available here.
The President’s plan includes a series of actions, the most significant of which is a plan to provide relief from deportation for up to 5 million undocumented immigrants (this number includes individuals eligible for DACA). Deferred action participants may also apply for work authorization. Individuals may qualify for the new program if they are the parents of US citizens or legal permanent residents (LPR) and have been in the US since January 1, 2010. Applicants must have US citizen or LPR children as of the date of the announcement, November 20, 2014. Applicants will be required to pay a fee and pass a criminal and national security background check. USCIS will not be accepting applications to this program for several months, likely until sometime in the spring. Deferred action and work authorization will last for 3 years and be renewable.
A very rough estimate of farmworkers eligible for deferred action is 450,000. Available data are inadequate to confidently state a number or even a range. There may be about 2.4 million farmworkers in the U.S.; between 50% and 70% are undocumented. Surveys show that a large majority (over 80%) have resided in the U.S. for at least five years; a substantial portion (probably less than one-half) are parents of children who are U.S. citizens or lawful permanent residents.
DACA Program Expanded:
The Deferred Action for Childhood Arrivals program (DACA) will also be expanded to cover more individuals. The requirement that applicants have continuously resided in the US since June 15, 2007 will be changed to January 1, 2010. Significantly, the requirement that applicants were under the age of 31 as of June 15, 2012 will be eliminated, so there will be no upper age limit for applicants who otherwise qualify.
According to the White House, “The Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations. An interagency working group will also explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of retaliation.” As more details become available, we will analyze how this might impact workers on the ground.
The Department of Homeland Security (DHS) is also revising its enforcement priorities through a new enforcement memo. Enforcement will be focused on people who committed major crimes and on border enforcement. DHS will be eliminating the Secure Communities program and replacing it with a new program that is aligned with the new priorities.
Other Changes to Visa Programs:
There will also be changes related to H-1B and L visas, students in STEM fields, and entrepreneurs. DHS and the White House will have more information on these plans available on their websites soon.
We will be engaging in more detailed analysis that we will share with you all. We are working with the UFW, UFWF and other farmworker organizations to implement the President’s deferred action program to ensure that as many eligible farmworkers as possible are able to learn about the program and apply. The United Farm Workers Foundation has created a website, sisepuede.org, which provides information about administrative relief. We will also be posting materials on our webpage, www.farmworkerjustice.org.
On November 20th, 2014 President Obama announced his plans for executive action on immigration. We applaud the President’s action, which includes a deferred action program that provides relief from deportation and work authorization for millions of undocumented individuals, including hundreds of thousands of farmworkers and their family members.
Immigration is a critically important issue for farmworkers. Learn about current legislation proposals impacting farmworkers.
Learn about the history of guestworker programs, H-2A program for temporary agricultural work, and the H-2B visa program.