Immigrants and Labor Laws: Two States, Two Approaches
February 10th, 2008An article in last month’s L.A. Times details a program called EMPLEO, which educates workers on their legal rights as employees, regardless of immigration status. The U.S. Department of Labor will investigate charges of nonpayment of wages without inquiring into whether the victim is legally allowed to work in the U.S.
The L.A. branch of the Department of Labor seems to be truly enlightened when considering the rights of immigrants:
“We don’t ask the question,” said Priscilla Garcia, an assistant district director for the department’s West Covina office. “We just make sure that the laws are enforced properly and that employees are receiving their entitlement to minimum wage and overtime.”
The Mexican and Central American consulates in Los Angeles said they play a critical role in the program because they have long advocated for immigrants living in the U.S. States and have gained the trust of their communities. Immigrants may be wary of going to U.S. authorities because they fear deportation or losing their job or because they don’t know they have the same labor rights as Americans.
Compare this to what occurred in Rhode Island when an illegal immigrant appeared in court for a workers’ compensation hearing when he sliced his face open with a chainsaw while on the job:
On the day of a scheduled hearing, however, immigration agents arrested Velásquez outside the J. Joseph Garrahy Judicial Complex in Providence. According to Velásquez, Gorman was standing nearby and called out, ‘Now Edgar, I’m sending you back to Mexico — I have no use for you now,’ and said, ‘Edgar, adios,’ as agents placed Velásquez in handcuffs.
The young man returned to Mexico under “voluntary departure,” which is not as serious as a deportation, and was subsequently granted a humanitarian visa so he could return for a hearing.
Velasquez has since returned to Mexico, and his story serves as a stark contrast to the more enlightened response to workers’ complaints in California.
To read the complete story, click here.
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