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Indian Worker Congress on MN Public Radio

admin | December 20, 2008

Rep. Ellison, rights groups show support for jailed Indian workers

by Dan Gunderson, Minnesota Public Radio
December 17, 2008

Twenty-three men from India jailed in Fargo are getting support from human rights advocates and members of Congress.

St. Paul, Minn. – The workers are charged with having false documents and they say they are victims of human trafficking.

Seven of the men entered guilty pleas Wednesday in federal court in Fargo. They will be turned over to Immigration officials who will decide if they should be deported.

Minnesota Congressman Keith Ellison and other supporters started a 24-hour fast this afternoon to show support for the jailed workers.

The men came to the U.S. on worker visas as welders and pipefitters in the wake of hurricane Katrina. The workers say they promised to pay $20,000 each and in turn were told they would get permanent U.S. citizenship.

Saket Soni, with the New Orleans Workers Center for Racial Justice, said dozens of workers came from India only to discover their visa expired in 10 months.

“It was impossible to recover $20,000 in earnings in 10 months, so these workers essentially were held in forced labor,” Soni said. “They were held in involuntary servitude in the labor camps of Mississippi and Texas.”

Earlier this year, the men walked away from their jobs and filed a complaint with the U.S. Justice Department.

Signal Corporation, the company the workers allege held them against their will, issued a press release calling the claims baseless and unfounded.

The workers asked for something called continued presence. That would keep them from being deported while their claims were investigated.

In October, U.S. Immigrations and Customs Enforcement arrested 23 of the Indian workers at an ethanol plant under construction near Fargo.

Their worker visas were expired and ICE said they were using false documents. The Fargo company that hired them is not under investigation.

The jailed workers case has attracted the attention of human rights advocates and members of Congress including Minnesota Congressman Keith Ellison.

Ellison joined labor and religious leaders Wednesday in Minneapolis for a 24-hour fast to show support for the jailed workers.

“You know, we should go after the main movers who are the traffickers,” Ellison said.

In this particular case, the U.S. Attorney made the point these workers broke the law.

“Well the trafficker broke the law too,” Ellison said. “And if we don’t deal with the trafficker aren’t we just going to get more trafficked individuals? I think the emphasis may not be in the right place.”

Ellison said Congress passed laws to protect immigrant workers who claim they are victims of trafficking. He questions whether those protections are being adequately honored by the U.S. Justice Department.

The U.S. Attorney’s office and the federal Public Defenders office declined comment on the case.

Immigration and Customs Enforcement spokesman Tim Counts also declined to comment on the case of the 23 Indian workers jailed in Fargo.

But he did agree to talk about the issue of human trafficking. Counts said last year 156 people were arrested in the U.S. on charges of human trafficking.

He said workers brought to the U.S. on temporary visas are vulnerable. Counts added that sometimes their passports are taken away, they’re forced to work long hours and told their families will be harmed if they don’t stay on the job.

Counts said human trafficking is not just a big city problem.

“One of our most significant cases happened in a small town in South Dakota where a couple had brought people in from the Philippines on temporary visas, but when they got here they were held as virtual slaves,” Counts said.

He also said that investigation can be difficult because workers often don’t understand their rights or don’t know where to go for help.

Soket Soni of the New Orleans Workers Center for Racial Justice said that’s one reason the case of workers jailed in Fargo is important. He said if the workers are sent to prison or deported, it will have a chilling effect on other human trafficking investigations.

“If this group of workers does not get continued presence then we believe many more workers will never come forward,” Soni said. “Because, what is the basis for trusting that the protections that congress turned into law will actually be enforced?”

Soni says the immigrant workers are only asking for enforcement of those worker protection laws already in place.

Broadcast Dates
* All Things Considered, 12/17/2008, 4:50 p.m.

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FBI probes treatment of Mexican workers in La. – AP

admin | December 11, 2008

FBI probes treatment of Mexican workers in La.

By JOHN MORENO GONZALES – 19 hours ago

NEW ORLEANS (AP) — The FBI confirmed Wednesday it was investigating allegations that a Louisiana farmer fired shotgun blasts over Mexican guest workers’ heads, exposed them to pesticides and paid them less than minimum wage.

The abuse allegations were outlined in a federal lawsuit filed Wednesday by immigrant rights organizations on the workers’ behalf.

The lawsuit accuses Charles “Bimbo” Relan, owner of Bimbo’s Best Produce, of forcing the workers to toil in strawberry fields in Amite, La., about 75 miles northwest of New Orleans. Relan also confiscated the workers passports so they would not flee, the lawsuit claims.

“We worked hunched over for hours, doing backbreaking work. He treated us like animals. We were not human beings,” said former worker J. Jesus Martinez-Hernandez, one of 13 plaintiffs.

Hours before the lawsuit was filed in U.S. District Court, FBI spokeswoman Sheila Thorne said authorities were investigating possible civil rights violations in the case. She declined further comment.

Relan didn’t immediately return a telephone message seeking comment.

According to the lawsuit, Relan oversaw fieldwork carrying a shotgun and fired it over workers’ heads “on occasion.” He also shot a stray dog to death that workers had befriended, according to the lawsuit.

Relan did not spray the pesticides on workers, but in a proximity that “vapors from these pesticides came into contact with plaintiffs’ skin and mouths,” according to the lawsuit.

The Mexican workers were in the country legally under the H2A visa program, which enlist foreigners to do seasonal farm work for at least minimum wage. Immigrant rights groups have criticized the program for weak worker protections.

In February, some of the workers walked off the job without their passports, and protested near the farm with the help of immigrant rights organizers. Local television station WWL-TV covered the protest, and shot video of Relan cursing and denying the accusations. He later handed a bundle of passports to the protesters.

All the workers have left the farm. Many had been there for as long as three seasons.

Some of the men are now scattered across the South, and have received permission to stay in the country as law enforcement witnesses. Others are back in Mexico, said Saket Soni, director of the New Orleans Workers’ Center for Racial Justice.

“Bimbo’s violations are egregious, but not uncommon,” said Soni, whose group helped the workers file the suit. “Thousands of guest workers across the South are subjected to severe exploitation.”

The lawsuit seeks unspecified damages and legal fees. It claims Relan violated the federal Trafficking Victims Protection Act, the Fair Labor Standards Act, and the H-2A employment contracts of the workers.

On the Net:
  • http://www.wwltv.com/video/news-index.html?nvid218183&she1
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GUESTWORKERS SUE MAJOR LOUSIANA GROWER FOR LABOR TRAFFICKING, SLAVE-LIKE CONDITIONS

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MEDIA ALERT:

FOR IMMEDIATE RELEASE

CONTACT – SAKET SONI, 504 881 6610, saketsoni@hotmail.com

New Orleans Workers’ Center for Racial Justice

GUESTWORKERS SUE MAJOR LOUSIANA GROWER FOR LABOR TRAFFICKING, SLAVE-LIKE CONDITIONS

H-2A farmworkers who escaped involuntary servitude return to take employer to court for violations of federal law

Mexican guestworkers who were subjected to involuntary servitude in the strawberry fields of Louisiana from 2006 to 2008 today brought major civil litigation against their former employer, Bimbo’s Best Produce and Charles “Bimbo” Relan.

In Israel Antonio-Morales et al.  v. Bimbo’s Best Produce, the guestworkers claim that  Charles “Bimbo” Relan violated federal laws inluding those prohibiting  forced Labor; trafficking with respect to peonage, slavery, involuntary servitude, or forced labor; and subminimum wages.

The workers were recruited in Mexico to work in Louisiana on temporary H-2A visas  as strawberry pickers for Charles “Bimbo” Relan and his company, Bimbo’s Best Produce.  Upon their arrival in Amite, Louisiana, Relan illegally confiscated their passports in order to prohibit them from escaping from his fields.  He held the workers in forced labor, subjecting them to humiliation and degrading treatment.  “He treated us like animals. We were not human beings to him,” said Guestworker Plaintiff J. Jesus Martinez-Hernandez.  “We worked hunched over for hours doing backbreaking work.  If we tried to rest, he would threaten to call immigration and deport us.  And he had our passports – so we could not escape.”   Workers are members of the Alliance of Guestworkers for Dignity, a membership organization of guestworkers in the Gulf Coast and a project of the New  Orleans Workers’ Center for Racial Justice.

The complaint, filed in the United States District Court for the Eastern District of Louisiana, details how Relan “subjected [the workers] to a scheme of psychological coercion, threats of serious harm, and threatened abuse of the legal process to maintain control over them and force them to continue laboring in his strawberry fields,” and asserted that he “exploited his physical power and control and took advantage of the workers’ geographic, linguistic, and cultural isolation,” and “took advantage of the rules of the structure of the H-2A guestworker program – which renders guestworkers are completely dependent on the sponsoring employer for legal status, employment, and housing – to further coerce and threaten the guestworkers.”

“These kinds of abuses are unconscionable, but not uncommon,” said Saket Soni, Director of the New Orleans Workers’ Center for Racial Justice. “Employers have consistently manipulated the U.S. guestworker program to subject workers to involuntary servitude in Louisiana and across the South.”

As detailed in the complaint, Relan made brutal and theatrical demonstrations of his power over the guestworkers, firing his shotgun over their heads, spraying them with pesticides, and physically assaulting at least one worker.  The complaint also details how Relan threatened the workers with unlawful arrest, eviction, and deportation and paid below the federal minimum wage.

“The workers wanted to escape, but felt they had no choice but to work for Relan,” said Daniel Castellanos, organizer with the Alliance of Guestworkers for Dignity.  When  members of the African American and immigrant communities of New Orleans came forward to offer workers their protection, workers escaped involuntary servitude.

Relan is also the subject of an FBI criminal investigation into human trafficking crimes, opened earlier this year after workers brought his crimes to the attention of federal authorities.  Some of the guestworkers were granted “continued presence” in the United States as cooperating witnesses to the FBI’s investigation, basic protection and legal status granted to victims of trafficking who cooperate with US federal authorities to bring their traffickers to justice.

“These guestworkers have come forward to file litigation at a time when a new administration needs to hear their message,” said Soni.  “Workers need U.S. laws enforced for their protection – and federal authorities need to go after employers like Bimbo Relan.  If change is really coming in Washington, it needs to include these workers.”

The New Orleans Workers’ Center for Racial Justice brought the litigation on behalf of the workers.  Workers’ claims also include violations of the minimum wage (FLSA); breach of contract; and battery.  Community members who assisted workers in escaping involuntary servitude included New Orleans residents Ted Quant (a longtime labor organizer and professor), Damien Ramos, and Gerald Lenoir, Director of the Black Alliance for Just Immigration.

For further information about the civil litigation please contact:

Jennifer Rosenbaum, Counsel, New Orleans Workers’ Center for Racial Justice – (615) 423-0152, jjrosenbaum@gmail.com

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Human Trafficking in America

admin | November 24, 2008

High Plains Reader editorial by Zach Kobrinsky

Nov. 20, 2008

A century-and-a-half after the Emancipation Proclamation, these United States of America are still sick with the grossest kind of exploitation—slavery. We have come a long way in terms of human decency, but not nearly far enough.

The U.S. Bureau of Public Affairs defines human trafficking as “modern-day slavery, involving victims who are forced, defrauded or coerced into labor or sexual exploitation.  Annually, about 600,000 to 800,000 people—mostly women and children—are trafficked across national borders, which does not count millions trafficked within their own countries.”

On the global scale, the issue is far more severe. Slavery in Niger only officially became illegal in 2003, and even then, an estimated 8 percent still remain in bondage. The trafficking of sex slaves is even more appalling. A report by DePaul University’s International Human Rights Law Institute said an estimated 30,000 women (some as young as six) die annually from abuse, torture, neglect and disease, as a result of sexual slavery worldwide.

Sex slavery and bonded servitude may seem like opposite ends of the slavery spectrum, but slavery is slavery, no matter how you look at it. The willful exploitation of another human being should simply not be tolerated.

Signal International

Right now, 23 Indian men sit in the Cass County Jail, as a result of human exploitation. Their story began in Pascagoula, Miss. where they were employed by Signal International as welders and pipe-fitters to help in the post-Hurricane Katrina rebuilding effort.

The Cass County 23, along with a couple hundred other Indian workers, claim that they paid $20,000 to come to the United States and work for Signal International in exchange for permanent resident status. They said that the promise of a green card was not kept, and that they were given only temporary worker visas. Once could argue that a language barrier is accountable for this discrepancy, but that seems far-fetched.

The Indian men of Signal International said the living conditions were unspeakable, and that they were mistreated, abused, and threatened with deportation. Through a long and perilous series of events, including an Immigrations raid, 30-day hunger strike, and a grievance with the U.S. Department of Justice, these men ended up dispersed throughout the country.

Their visas were null and void, having left the worksite, and they remained stranded in the U.S., without money or legal status. Twenty-three of them found employment at an ethanol plant near Casselton. On Oct. 29 they were arrested by Immigrations, and have resided in the Cass County Jail ever since.

The Cass 23

India has an estimated 40 million bonded laborers within its borders. How cruel that these men should spend such a horrendous amount of cash in the name of a better life, only to be tricked and trampled on by the boot of America.

Maybe if we spent more time and effort investigating companies that utilize such questionable hiring tactics, and less time investigating the employees, we might stumble upon an important piece of the puzzle.

Men like the Cass 23 had no intention of being illegal aliens. They were promised the world, and when it didn’t pan out, they were left with no choice but to break immigration laws. Who is to blame here? Why are we spending so much time and effort incarcerating victims of human trafficking, instead of seeking out American employers who force the situation upon them?

In a 2006 report (under the direction of George W. Bush), called the Assessment of U.S. Government Efforts to Combat Trafficking in Persons, necessary steps to combat human trafficking are listed.

“In the September 2005 Assessment, four recommendations were made for improving the U.S. Government’s efforts to combat TIP [Trafficking in Persons]:

- The U.S. Government, its state and local partners, and nongovernmental organizations (“NGOs”) need to improve their ability to find and rescue victims.

- The U.S. Government should conduct more research to determine an accurate estimate of the scope of the trafficking problem in the United States, including both domestic and foreign victims.

- The U.S. Government should attempt to measure the impact of its anti-trafficking activities both domestically and internationally, including, for example, enhancing U.S. embassies’ abilities to monitor and evaluate anti-trafficking projects, requiring grantees to provide self-assessments of their anti-trafficking projects, and conducting more site visits.

- The U.S. Government should ensure that its Task Forces are well-functioning and should encourage states to adopt and aggressively implement their own anti-trafficking laws.

This notion of helping victims of human trafficking was apparently ill-achieved under Bush’s reign. Perhaps now, with a new, promising president, we can reach a new age of human decency. Don’t let us down, Barack.

As for the Cass 23, that is in our hands. We urge everyone to learn as much as they can about this case, and to take action. Write some senators. Stand on a soapbox. Do whatever it is you do, but do something. They stand trial on Jan. 12. If we don’t do something now, it could be too late by then.

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Feature on imprisoned Indian Workers’ Congress members in ND

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High Plains Reader – “Catch 23: You Don’t Have to Go Home (But You Can’t Work Here)”

By Richard Schaan on November 20, 2008

The Merriam Webster dictionary defines truth as “the state of being the case—fact.” Flip the page to the word fact and you will find “the quality of being actual—actuality.” For actuality it says “the state of being actual—fact, reality.” Actual?  It says: “not false.” Even with a dictionary, truth can be hard to find.

In the case of 23 men from India who await a key decision on their fate inside the Cass County jail, the facts may be uncertain, but they do know that there are actual walls surrounding them and actual guards standing between them and freedom. And if you believe the story of how these men ended up where they are today, this reality is nothing new.

And what a story it is. Whoever invented the term “storyline” must have never encountered a tale like this. If they had, it would be called a story-square because of its multiple sides, multiple angles. The only way to cover something this complex is to break it down, one side at a time.

The Tale of the 23

The men locked in Cass County jail were all recruited, along with hundreds of others, in India by a firm working on the behalf of the Mississippi based company Signal International. They were brought to the U.S. to work as welders and pipe fitters on rebuilding projects following Hurricane Katrina. These are two facts that both the workers and Signal agree on.

The stories diverge however, when the workers tell about the promise of permanent residence, a green card, which was made to lure them into paying $20,000 for the chance to work in the U.S. They borrowed from relatives, sold their land, and cashed in life savings for one shot at the American dream. Then they arrived, and according to their story, the nightmares began.

“They trapped us in their labor camps and used us like slaves,” wrote Christopher Glory in a letter written in jail and released to the press.

The men allege that upon arrival they discovered that their visas were H-2B guest worker permits, a temporary status instead of the green cards they had expected. They also claim that they were forcibly held in the camps, which were overcrowded and unsanitary.

“They forced us to eat rotten food, making us sick, and would tell us, ‘You are animals, you eat what we give you, or don’t eat,’” Glory wrote.

Though the men were paid standard local wages for their jobs, a ten month permit would allow them to earn just enough to break even by the time they paid off both the recruiter and the $1050 monthly rent for a bed in the windowless bunker they shared with 24 other workers.

They were also at the mercy of their employers, who could deport them at any time and without compensation for lost wages and recruitment fees.
“When we protested, they attacked us with guns,” Glory wrote.

After six workers were detained for deportation by Signal employees, several of the others contacted Sacket Soni, the executive director of the New Orleans Workers’ Center for Racial Justice. Soni helped 100 of the 290 men to leave the camp and to file a trafficking complaint with the U.S. Department of Justice (DOJ).

Soni said the men marched on foot from New Orleans to Washington, D.C. to put pressure on the DOJ to investigate the case and to allow them “continued presence,” a temporary visa status that allows victims of trafficking to work in the country while the investigation is still ongoing.
“The workers in Fargo are victims and witnesses in this investigation,” Soni said.

In the nation’s capital, the workers went on a 30-day hunger strike and also garnered the support of 18 members of Congress, including two-time presidential candidate Dennis Kucinich (D-Ohio), who sent a letter to U.S. Attorney General Michael Mukasey requesting he “take the steps necessary to ensure the workers’ continued presence so that DOJ can continue this important investigation of modern-day slavery, human trafficking, and forced labor and bring these traffickers to justice.”

Despite these efforts, the men were denied continued presence status and 23 of them broke off from the rest of the group to seek employment at an ethanol plant in Casselton, ND.  On Oct. 29 they were arrested by U.S. Immigration and Customs Enforcement for allegedly using false documents to obtain employment in the U.S.

They remain in custody as they await their Jan. 12 trial date.

Signal International’s Side

Following the workers’ filing of a trafficking complaint with the DOJ, Signal International released an official statement that tells a much different story.

According to the statement, “Signal spent over $7 million constructing state of the art housing complexes for these workers.” They also state that the facilities contained a mess hall catered with Indian cuisine and recreational facilities with “big screen televisions, pool tables and computers with Internet access.”

Further stating that “a few of the workers whom Signal had recruited” made allegations about the living conditions in the work camp, the company added that the “vast majority of the workers” were satisfied with their employment and that these workers “hope that Signal continues this program.”

While Soni said the DOJ investigation is ongoing, Signal International stated that their “employment practices and facilities have been inspected by representatives of the Department of Labor, the Department of Homeland Security, Immigration and Customs Enforcement and the Department of State.”

Also claiming to have invited journalists to tour their facilities, Signal asserts that the collective conclusion of all these entities was “that Signal’s practices and facilities are fully compliant with the law and that its facilities are more than adequate.”

Brad Crocker of The Mississippi Press wrote “An investigation by The Mississippi Press last year revealed cramped quarters, but no squalid conditions or signs of mistreatment workers alleged.”

The Raw Story

An Apr. 13, 2007 story by Lindsay Beyerstein and Larisa Alexandrovna of the investigative news website rawstory.com sheds some light on the differences between the workers’ allegations and Signal’s official denials.

Beyerstein and Alexandrovna write about Michael Pol, a Mississippi sheriff’s deputy who “is also the president of Global Resources, Inc., a placement firm that recruits Indian workers to fill jobs in the US.”

In an interview with Signal’s camp manager, James Sanders, the writers discovered that Sanders was initially told by Pol that the men would pay only $2,000 in recruitment fees to Global Resources Inc., not the $15,000 to $20,000 they had been charged by Pol.

The rawstory.com article also states that “Signal demanded that Pol refund half the money that each worker had paid. When he refused, Signal terminated Pol’s contract.”

The Fargo Prosecutor’s Case

Three weeks ago, an early morning raid resulted in the arrest of the 23 workers in Casselton. On Wednesday, a prayer vigil to support the prisoners was held in front of the downtown post office. Rev. Jeff Sandgren of Olivet Lutheran led a prayer, and organizer Barry Nelson made a statement to the assembled media.

“In no way are we here to criticize local U.S. Attorney Drew Wrigley, who is only doing his job in a case that is separate from the original situation these men were put into,” Nelson said.

In an earlier interview, Wrigley’s Assistant U.S. Attorney, Nick Chase, spoke about the case to make it clear that their current prosecution is not related to the DOJ’s investigation of Signal.

“I don’t believe or disbelieve the allegations against Signal International. But those allegations, from two or three years ago, in another district, involving another company, do not necessarily justify the alleged conduct in the current case we are proceeding with,” Chase said.

While Chase did say the DOJ was contacted early on, he also stated that they were not looking for permission to continue their prosecution.
“It wasn’t really for them to green light or not,” he said.

He also added that he has been involved in many immigration cases and that false promises by recruiters are unfortunately the norm for many of the defendants facing deportation.

“If you show me an illegal immigrant, I will show you someone who has been exploited thousands of times,” he said.

Christopher Glory’s Letter

The last few paragraphs of the letter read as follows:

“All my life I heard about America. ‘It’s god’s land.’ Even in God’s land you can be treated like an animal. Instead of punishing me, America should punish Signal International and the recruiters, so that what befell me does not happen to anyone else.

“Please don’t pray for me to get out of here, for me to be released soon, or for my legal papers. Please just pray for me to be brave, and that my spirits don’t go down so I can stay in this fight. I know it is not going to be easy.

“Don’t spend your time trying to release me. Spend your time to fight so that the Department of Justice sees the truth.
The truth will set us free.”

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Backers rally for imprisoned Indian workers in ND

admin | November 20, 2008

Backers rally for Cass 23

Patrick Springer

The Forum – 11/20/2008

The 23 itinerant workers from India who have spent 22 days in the Cass County Jail are victims of human trafficking in the eyes of their supporters and illegal immigrants in the eyes of prosecutors.

More than 20 supporters of the Cass 23 gathered Wednesday in subzero weather to offer prayers and pleas on their behalf in front of the Federal Building in downtown Fargo.

A short time later, federal prosecutors filed a motion seeking re-evaluation of their status as indigents, arguing the $69,000 they collectively drew in their last paychecks might make them ineligible to receive public defenders.

The activities Wednesday were the latest in the maelstrom of rhetoric and legal actions that have ensued since the workers were arrested Oct. 28 at the offices of a local contractor.

The defendants, who speak three or four different Indian dialects, worked as welders and pipe fitters at the ethanol plant under construction near Casselton.

The men are skilled tradesmen who travel abroad to support their families. All are from a region of north India that converted to Christianity centuries ago.

Some worked in the Middle East before coming to the United States to help rebuild the Gulf of Mexico following Hurricane Katrina in 2005.

They entered the country with legal temporary work visas, but are accused of later obtaining counterfeit Social Security cards and falsely claiming U.S. citizenship.

The men and their advocates contend they were lured by false promises that they would obtain permanent legal residency and would be able to work legally to support their families back in India.

When they got here they found a different situation, said Barry Nelson, an organizer of Wednesday s prayer vigil. They found out their green cards they were promised were in fact guest worker passes.

Initially, 500 guest workers came from India to work repairing oil rigs in the Gulf of Mexico at yards in Texas and Mississippi. Of those, 250 remain in the United States, including the 23 jailed in Fargo.

The workers, some of whom traveled to Washington and went on a hunger strike to press their case, have asked for legal status allowing them to remain in the U.S. pending the outcome of a criminal investigation into the human trafficking allegations.

U.S. Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, has written justice officials to urge that they grant the Indian workers continued presence protection so they can help with the U.S. Department of Justice s ongoing criminal investigation of their reportedly appalling treatment.

Advocates have filed a class-action lawsuit on behalf of the workers, claiming they were victims of an exploitative recruiting scheme by Signal International, a marine contractor that builds and repairs oil rigs.

The men paid up to $20,000 a sum that is the equivalent of two or three generations of labor in north India to come to the United States with promises of gainful employment and permanent legal residency.

Instead, they were placed in overcrowded labor camps where they were unable to leave and subject to a campaign of psychological abuse, coercion, and fraud designed to keep them captive employees of Signal, the lawsuit claims.

Signal declined The Forum s requests for comment Wednesday. Earlier, the company has called the allegations baseless and unfounded, and said several federal agencies, including federal labor officials, found them in legal compliance.

The Criminal Section of the Justice Department s Civil Rights Division has an open and ongoing investigation into the matter, Jamie Hais, a Justice spokesman, said Wednesday. Nothing to add beyond that.

Drew Wrigley, U.S. attorney for North Dakota, reiterated Wednesday that his office was aware of the allegations of human trafficking as well as the Department of Justice s criminal investigation before filing charges.

We re not moving ahead with our investigation without the full knowledge of the Department of Justice in Washington, he said. Human trafficking allegations of people facing illegal immigration charges are not uncommon, he added.

The Rev. Jeff Sandgren, a pastor at Olivet Lutheran Church in Fargo, was one of those who turned out for the prayer vigil. He believes the workers came to the United States believing they were on track to have permanent residency to enable them to work legally.

I have absolutely no doubt that these folks came with the best of intentions, Sandgren said. These folks were brought here under false pretenses.

Sandgren happens to be Wrigley s pastor, and each describes the other as a good friend. Both men have spoken about their divergent views of the case. Each credits the other with being sincere in his beliefs.

But they don t appear to agree on much else concerning the Cass 23.

Readers can reach Forum reporter Patrick Springer at (701) 241-5522

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Project Censored names trafficking of Indian workers one of top stories

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From Project Censored

# 7 Guest Workers Inc.: Fraud and Human Trafficking

in Top 25 Censored Stories for 2009
Sources:
Southern Poverty Law Center, March 2007
Title: “Close to Slavery: Guestworker Programs in the United States”
Authors: Mary Bauer and Sarah Reynolds

The Nation, June 25, 2007
Title: “Coming to America”
Author: Felicia Mello

Times of India, March 10, 2008
Title: “Trafficking racket: Indian workers file case against US employer”
Author: Chidanand Rajghatta

Student Researchers: Cedric Therene, Sam Burchard, April Pearce, and Marley Miller

Faculty Evaluator: Francisco Vazquez, PhD

While the guest worker program in the United States has been praised and recommended for expansion by President Bush, and is likely to be considered by Congress as a template for future immigration reform, human rights advocates warn that the system seriously victimizes immigrant workers. Workers, labor organizers, lawyers, and policy makers say that the program, designed to open up the legal labor market and provide a piece of the American dream to immigrants, has instead locked thousands into a modern-day form of indentured servitude. Congressman Charles Rangel has called the guest worker program “the closest thing I’ve ever seen to slavery.”

In the process of attaining a H-2 guest worker visa, workers typically fall victim to bait-and-switch schemes that force them to borrow huge sums of money at high interest rates (often leveraging family homes) in order to land short-term, low-wage jobs that all too often end up shorter-term and lower-waged than promised. Under crushing debt, and legally bound to work only for the employer who filed petition for them, these workers often face the most dangerous and harsh of working conditions in places like shipyards, the forestry department, or construction, with no medical benefits for on-the-job injuries or access to legal services. Bosses often hold workers’ documents to make sure they don’t “jump jobs.”

There are two levels of the current guest worker program—H-2a for agricultural work, and H-2b for non-agricultural work. Though the H-2a program provides legal protections for foreign farm workers—such as a guarantee of at least three quarters of the total employment hours promised, free housing, transportation compensation, medical benefits, and legal representation—many of these protections exist only on paper. H-2b workers, on the other hand, have no rights or protections.

The exploitation of guest workers begins with the initial recruitment in their home country—a process that often leaves them in a precarious economic state and therefore extremely vulnerable to abuse by unscrupulous employers in this country. US employers almost universally rely on private agencies to find and recruit guest workers in their home countries.

These labor recruiters usually charge fees to the worker—sometimes many thousands of dollars to cover travel, visas, and other costs, including profit for the recruiters. The workers, most of whom live in poverty, frequently obtain high-interest loans to come up with the money to pay the fees. In addition, recruiters sometimes require them to leave collateral, such as the deed to their house or car, to ensure that they fulfill the terms of their individual labor contract.

The entirely unregulated recruiting business is quite lucrative. With more than 121,000 workers recruited in 2005 alone, tens of millions of dollars in recruiting fees are at stake. This financial bonanza provides a powerful incentive for recruiters and agencies to import as many workers as possible, with little or no regard to the impact on individual workers and their families.

Though Southern Poverty Law Center reports that the H-2 program brought about 121,000 guest workers into the US in 2005, with approximately two thirds of those in the H-2b section, the Nation’s Felicia Mello reports that the number rose to more than 150,000 by June 2007. And while participation in the H-2a program, with its housing requirements and wage guarantees, has remained almost flat in recent years, the more laissez-faire H-2b system has flourished, with the government adjusting the cap several times to cope with skyrocketing employer demand.

“The tendency has been for the H-2 program . . . to devolve into a system that approximates the exploitative, illegal, underground labor market it was (in part) designed to replace,” writes anthropologist David Griffith in his 2006 book American Guestworkers. “Indeed, there is some evidence that without this downward trend in conditions . . . legal guestworkers become less attractive to US employers.”

In March 2008, more than 500 shipyard workers from India filed a class action suit against the Northrop Grumman subsidiary Signal International in Louisiana and Mississippi, and against recruiters in India and the US, on charges of forced labor, human trafficking, fraud, and civil rights violations. The workers claim they were caught up in a trafficking racket within the federal government’s H-2b guest worker program. In a typical bait and switch scheme that occurred in 2006, over 600 Indians paid up to $25,000 each for a promise of green cards and permanent US residency. They instead found themselves trapped in squalid and dangerous conditions, bonded through the H-2b guest worker program to an employer under what is being called “twenty-first century slavery.” In one incident of protest, Signal sent in armed guards to apprehend protesters in a pre-dawn raid. Plaintiffs, as they press their class action lawsuit, have asked the Indian government to protect their families in India from vengeful recruiters.

When Mello asked an African-American Katrina survivor who supported the guest workers’ grievance how he justified comparing guest work to slavery, he responded, “Do you know the story of the Middle Passage? . . . In slavery, you send a slave catcher, they go to the chiefs and make a deal. They say, We’re going to take your people to heaven, and they show them a few pretty things from heaven. You load them onto the ships and only when they get out to sea do they know they’re slaves. You take them to one owner, and if they leave they’re a runaway. Well, with guest workers . . .” He trails off, says Mello, his meaning clear.

UPDATE BY MARY BAUER

In the year since “Close to Slavery” was published, conditions for guest workers in the US have not improved. A case recently filed by the Southern Poverty Law Center illustrates this in compelling terms.

Hundreds of guest workers from India, lured by false promises of permanent US residency, paid tens of thousands of dollars each to obtain temporary jobs at Gulf Coast shipyards only to find themselves forced into involuntary servitude and living in overcrowded, guarded labor camps, according to the class action lawsuit filed in March of 2008.

Signal International LLC and a network of recruiters and labor brokers engineered a scheme to defraud the workers and force them to work against their will in Signal facilities. Signal is a marine and fabrication company with shipyards in Mississippi and Texas. It is a subcontractor for global defense company Northrop Grumman Corp.

Several of the workers were illegally detained by company security guards during a pre-dawn raid of their quarters after some began organizing other workers to complain about abuses they faced.

After Hurricane Katrina scattered its workforce, Signal used the federal H-2b guest worker program to import employees to work as welders, pipefitters, shipfitters, and in other positions. Hundreds of Indian men mortgaged their futures in late 2006 to pay recruiters as much as $20,000 or more for travel, visa, recruitment, and other fees after they were told it would lead to good jobs, green cards, and permanent US residency.

Many of the workers gave up other jobs and sold their houses, family farms, jewelry, and other valuables to come up with the money. Many were also told that for an extra $1,500-per person fee, they could bring their families to live in the United States.

When the men arrived in early 2007, they discovered they wouldn’t receive the green cards as promised, but only ten-month, H-2b guestworker visas. They were forced to pay $1,050 a month to live in crowded company housing in isolated, fenced labor camps where as many as twenty-four men shared a trailer with only two toilets. When they tried to find their own housing, Signal officials told them they would still have the rent deducted from their paychecks. With the exception of rare occasions, such as Christmas, visitors were not allowed into the camps, which were enclosed by fences. Company employees regularly searched the workers’ belongings.

Workers who complained about the conditions they faced were threatened with deportation. By March 9, 2007, the workers had started organizing. Signal responded with an early morning raid by armed guards on the labor camp in Pascagoula, Mississipi. Three of the organizers were locked in a room for hours. They were told they would be fired and deported. One of the workers, Sabulal Vijayan, who had sold his wife’s jewelry and borrowed from friends to build a better life in America, slit his wrist in desperation. He recovered after being hospitalized. The incident prompted hundreds of workers to strike. Signal fired the organizers.

UPDATE BY FELICIA MELLO

A year after “Coming to America” detailed the plight of guest workers in the H-2a and H-2b programs, Congress has failed to enact any expansion of the programs, despite urging from business groups and the Bush administration. Yet the immigration issue continues to occupy the national stage.

In a nationwide crackdown, Immigrations and Customs Enforcement (ICE) arrested over 30,000 allegedly undocumented immigrants last year, double the number for 2006. While ICE agents say they are simply enforcing the law, some immigrant advocates believe the raids are designed to increase support for a new guest worker plan.

In February, President Bush proposed changes to the H-2a program that would make it quicker and easier for growers to import farm workers, but do little to protect the workers’ rights. Under Bush’s plan, farmers could offer housing vouchers instead of directly providing shelter to workers—a method unlikely to work in areas with housing shortages—and would no longer be required to prove that they tried to hire US workers first. The formula used to calculate H-2a visa holders’ wages would also change to one advocates believe would result in lower salaries.

The two-pronged approach of stricter enforcement and support for guest worker programs is also gaining ground at the state level. Arizona, which has enacted some of the strictest sanctions in the country against hiring undocumented immigrants, is now considering starting its own independent guest worker scheme to ease a shortage of farm labor in the state.

Meanwhile, guest workers and their allies are stepping up their organizing. The Indian workers who paid recruiters up to $20,000 for jobs at ship builder Signal International sued the company in March, saying it committed fraud by promising them permanent residency and deducted exorbitant rent from their paychecks while housing them in cramped trailers.

Two months later, twenty of the workers went on a month-long hunger strike, camping out near the Indian embassy in Washington, DC. They demanded the right to remain in the country while they pursue their case, Congressional hearings into abuse of guest workers, and bilateral negotiations between the US and India on the rights of Indian guest workers. The Justice Department has since launched an investigation into their claims.

The murder of union organizer Santiago Rafael Cruz, who helped Mexican guest workers challenge exploitation by recruitment firms, remains unsolved.

See the full list of Top 25 Censored Stories for 2009
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NOWCRJ in India!

admin | November 18, 2008

Indian Justice ’08

A blog in which Indian Workers’ Congress supporter, ally, and advocate Bincy Jacob travels first to Delhi for an event targeting Supreme Court Advocates in India, then to visit workers’ families in Kerala. Please visit!

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ICE raid targets, snares human trafficking victims

nolaworkerscenter | November 1, 2008

FOR IMMEDIATE RELEASE

CONTACT SAKET SONI — 504 881 6610

New Orleans Workers’ Center for Racial Justice

ICE Raid Targets, Snares Human Trafficking Victims

Victims Demand Access to Their Legal Counsel, but ICE Refuses

Oct. 29, 2008—Over 20 Indian Guest Workers who triggered a high-profile federal investigation into human trafficking were targeted this morning by a raid carried out by the U.S. Immigration and Customs Enforcement (ICE) agency near Fargo, North Dakota. Despite workers’ repeated demands for their attorneys, ICE blocked workers’ access to their legal counsel, outraging national experts and advocates.

The workers were among approximately 500 individuals trafficked to the United States after Hurricane Katrina by Gulf Coast employer Signal International, LLC. Workers were subjected to forced labor in Mississippi and Texas labor camps. They escaped the labor camps earlier this year to come forward and report human trafficking to the Department of Justice. The workers triggered a major criminal trafficking investigation, which is still open, filed a federal class action lawsuit in New Orleans against Signal International, LLC, and labor recruiters in the U.S. and India, and staged a hunger strike in Washington, DC, to push for the prosecution of Signal.

“It is an outrage that workers who courageously came forward at great personal risk to cooperate with the Department of Justice in a federal trafficking investigation were targeted by ICE and then denied access to their own legal counsel,” said Marielena Hincapié, Executive Director of the National Immigration Law Center. “This is yet another example of immigration enforcement run amok. ICE terrorizes and detains workers rather than targeting bad employers,” added Hincapié.

Upon realizing that they were being targeted by ICE, the workers presented letters explaining they were victims and witnesses to the federal crime of human trafficking. The letter listed their attorney’s name and contact information. They communicated that they did not want to be questioned without legal counsel. ICE summarily refused the workers’ requests and questioned them individually without attorneys or interpreters.

“Why isn’t ICE spending national resources investigating criminal traffickers, instead of targeting and terrifying the victims?” asked Saket Soni, Director of the New Orleans Workers’ Center for Racial Justice. “Since these workers have come forward to report Signal International, LLC, to the Department of Justice, they have faced ICE surveillance, ICE arrests, and now an ICE sting operation.”

U.S. Attorney Drew Wrigley held a news conference today, briefing the press on the ICE sting operation. Wrigley omitted to mention that workers were cooperating in a DOJ investigation into human trafficking.

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NYTimes Editorial on NOWCRJ and unfair Gustav evacuation

nolaworkerscenter | September 21, 2008

‘Never Again,’ Again

http://www.nytimes.com/2008/09/21/opinion/21sun2.html

Hurricane Gustav gave the state of Louisiana a test for which it had three years to prepare. There were thousands of poor, sick, disabled and elderly people who could not get out on their own. They needed to be rescued with dispatch, and sheltered in safety and dignity.

One simple test. The state flunked.

Three years to the week after Hurricane Katrina’s landfall, Louisiana executed a fundamentally unfair evacuation plan and did it badly. It relied on dividing the population into separate streams: People with their own cars were directed to shelters run by parishes, churches and the Red Cross. People with medical problems not requiring hospitalization were taken to special shelters. Sex offenders had a shelter to themselves.

All those without a car or a ride were taken on state buses to four state-run warehouses. It was in these shelters, including two abandoned stores, a Wal-Mart and a Sam’s Club, that thousands of working-poor New Orleanians got a sickening reminder of Katrina.

Evacuees said they had had no idea where they were going; bus drivers would not tell them. When they arrived, there were not enough portable toilets, and no showers. For five days there was no way to bathe, except with bottled water in filthy outdoor toilets. Privacy in the vast open space — 1,000 people to a warehouse, shoulder-to-shoulder on cots — was nonexistent. The mood among evacuees was grim, surrounded as they were by police officers and the National Guard, with no visitors or reporters allowed.

“We didn’t want to evacuate into a prison,” Lethia Brooks told the New Orleans Workers’ Center for Racial Justice, an organization that accompanied the evacuees, inspected the shelters and collected hundreds of stories into a report sharply critical of the state’s response.

Gustav ended up being no Katrina, and the week of suffering was not as severe as the deathly mayhem of three years ago. But residents had every right to expect far better treatment than they received. After a week of indignities in crowded, unsanitary shelters, many returned home with their fragile finances in turmoil. They had been forced to buy extra basics while out of their homes, and September rent was due.

The secretary of Louisiana’s Department of Social Services, which was responsible for the shelters, resigned after this scandal and one involving problems with food stamp distribution.

Now, many poor residents are vowing “never again,” as in, “Never again will we get on the bus to be warehoused. We’ll ride out the next storm.” In New Orleans, disaster is never far away, and government incompetence cannot be allowed to undermine a swift, sure evacuation. Gov. Bobby Jindal’s administration should move quickly on a better plan that does not expose the poor to differential, substandard treatment.

[A version of this article appeared in print on September 21, 2008, on page WK8 of the New York edition.]
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The New Orleans Workers’ Center for Racial Justice is dedicated to organizing workers across race and industry to build the power and participation of workers and communities. We organize day laborers, guestworkers, and homeless residents to build movement for dignity and rights in the post-Katrina landscape.

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