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Georgia Immigration Law Forces State To Replace Migrant Farm Workers With Criminals

First Posted: 06/22/11 10:53 AM ET Updated: 08/22/11 06:12 AM ET

LESLIE, Ga. (AP) — It's 3:25 p.m. in a dusty cucumber field in south Georgia. A knot of criminal offenders who spent seven hours in the sun harvesting buckets of vegetables by hand have decided they're calling it quits – exactly as crew leader Benito Mendez predicted in the morning.

Unless the cucumbers come off the vine soon, they will become engorged with seeds, making them unsellable. Mendez's crew of Mexican and Guatemalan workers will keep harvesting until 6 p.m., maybe longer. Not so for the men participating in a new state-run program aimed at replacing the Latino migrants Georgia farmers say they've lost to a new immigration crackdown with unemployed probationers.

"Tired. The heat," said 33-year-old Tavares Jones, who left early and was walking down a dirt road toward a ride home. He promised Mendez he'd return the next morning. "It's hard work out here."

Mendez urged another man to stay. "I need you today," he said. "These cucumbers not going to wait until tomorrow."

Republican Gov. Nathan Deal started the experiment after farmers publicly complained they couldn't find enough workers to harvest labor-intensive crops such as cucumbers and berries because Latino workers – including many illegal immigrants – refused to show up, even when offered one-time or weekly bonuses. One crew who previously worked for Mendez told him they wouldn't come to Georgia for fear of risking deportation.

Farmers told state authorities in an unscientific survey that they had more than 11,000 unfilled agriculture jobs, although it's not clear how that compares to prior years or whether the shortage can be blamed on the new law.

For more than a week, the state's probation officers have encouraged their unemployed offenders to consider taking field jobs. While most offenders are required to work while on probation, statistics show they have a hard time finding jobs. Georgia's unemployment rate is nearly 10 percent, but correction officials say among the state's 103,000 probationers, it's about 15 percent. Still, offenders can turn down jobs they consider unsuitable, and harvesting is physically demanding.

The first batch of probationers started work last week at a farm owned by Dick Minor, president of the Georgia Fruit and Vegetable Growers Association. In the coming days, more farmers could join the program.

So far, the experiment at Minor's farm is yielding mixed results. On the first two days, all the probationers quit by mid-afternoon, said Mendez, one of two crew leaders at Minor's farm.

"Those guys out here weren't out there 30 minutes and they got the bucket and just threw them in the air and say, `Bonk this, I ain't with this, I can't do this,'" said Jermond Powell, a 33-year-old probationer. "They just left, took off across the field walking."

Mendez put the probationers to the test last Wednesday, assigning them to fill one truck and a Latino crew to a second truck. The Latinos picked six truckloads of cucumbers compared to one truckload and four bins for the probationers.

"It's not going to work," Mendez said. "No way. If I'm going to depend on the probation people, I'm never going to get the crops up."

Conditions in the field are bruising, and the probationers didn't seem to know what to expect. Cucumber plants hug the ground, forcing the workers to bend over, push aside the large leaves and pull them from the vine. Unlike the Mexican and Guatemalan workers, the probationers didn't wear gloves to protect their hands from the small but prickly thorns on the vines and sandpaper-rough leaves.

The harvesters carried filled buckets on their shoulders to a nearby flatbed truck and hoisted them up to a dumper, who tossed the vegetables into a bin.

Temperatures hovered in the low 90s with heavy humidity Thursday, but taking off a shirt to relieve the heat invited a blistering sunburn. Tiny gnats flew into workers' eyes and ears. One experienced Latino worker carried a machete that he used to dispatch a rattlesnake found in the fields.

By law, each worker must earn minimum wage, or $7.25 an hour. But there's an incentive system. Harvesters get a green ticket worth 50 cents every time they dump a bucket of cucumbers. If they collect more than 15 tickets an hour, they can beat minimum wage.

The Latino workers moved furiously Thursday for the extra pay.

Jose Ranye, 37, bragged he's the best picker in Americus, the largest community near the farm. His whirling hands filled one bucket in 25 seconds. He said he dumped about 200 buckets of cucumbers before lunch, meaning he earned roughly $20 an hour. He expected to double his tickets before the end of the day.

None of the probationers could keep pace. Pay records showed the best filled only 134 buckets a day, and some as little as 20. They lingered at the water cooler behind the truck, sat on overturned red buckets for smoke breaks and stopped working to take cell phone calls. They also griped that the Latinos received more tickets per bucket than they did, an accusation that appeared unfounded.

Robert Dawson, 24, was on his fourth day of fieldwork. On probation for commercial burglary, he said the governor's idea was a good one and long overdue. He said farmers were at least partially to blame if they're experiencing a labor shortage because they hired illegal immigrants.

"I feel like they should have gone and hired us first before they even hired them," he said in the morning. "You pay us right and we'll get out here and work. If you don't want to pay us nothing and we're out here in this hot heat, 100-and-some degree weather, it ain't gonna last."

By the afternoon, Dawson had sweated through his shirts, and his steps had become labored. His arms and back were sore, but he continued to work after other probationers had quit or were sitting under the shade of the truck. In a quiet sign of mercy, a Latino supervisor helped Dawson fill his bucket and walked it to the truck.

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LESLIE, Ga. (AP) — It's 3:25 p.m. in a dusty cucumber field in south Georgia. A knot of criminal offenders who spent seven hours in the sun harvesting buckets of vegetables by hand have decided they...
LESLIE, Ga. (AP) — It's 3:25 p.m. in a dusty cucumber field in south Georgia. A knot of criminal offenders who spent seven hours in the sun harvesting buckets of vegetables by hand have decided they...
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HUFFPOST SUPER USER
Always Conservative
Shovel ready was not....
05:04 PM on 08/16/2011
Chain gangs!! It is about time. One group of criminals replaced by another!!
11:59 PM on 07/02/2011
Does anyone know the penalties for sneaking into Mexico illegally looking for work?
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HUFFPOST SUPER USER
CrestedSparrow
10:44 PM on 08/15/2011
What does your statement have to do with the article?
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HUFFPOST SUPER USER
cheechazteca
Thank you very much!
11:44 PM on 07/02/2011
maybe you'll think twice before eating that cucumber from Georgia knowing it was picked by a bitter criminal. Don't know where he stuck that cucumber!!!
thinkabtit39
common sense never media fed.
08:28 AM on 07/03/2011
You mean the person who is here Illegally or the person who has done their time and is on probation?
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HUFFPOST SUPER USER
CrestedSparrow
10:45 PM on 08/15/2011
The bitter one.
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HUFFPOST SUPER USER
CrestedSparrow
11:55 AM on 08/17/2011
Replying to your "No, Being mexican..." comment. You've learned your place well within the construct of European indoctrination. Good girl, but not too smart afterall.
08:53 PM on 07/02/2011
LOVED THE HEADLINE. WHAT PART OF ILLEGAL DO YOU NOT UNDERSTAND. WE WOULD BE REPLACING ONE SET OF CRIMINALS WITH ANOTHER. AT LEAST WE WOULD BE GETTING SOME OF OUR TAXPAYER'S MONEY BACK FROM THE CONVICTED CRIMINALS WHO ARE NOW GETTING THREE FREE SQUARES, CABLE T.V. A ROOF OVER THEIR HEADS, AND FREE MEDICAL AND DENTAL OUR OUR EXPENSE.
thinkabtit39
common sense never media fed.
08:29 AM on 07/03/2011
Exactly what I was thinking! One is an ex-con and the other is one that hasn't been caught yet!
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HUFFPOST SUPER USER
CrestedSparrow
10:48 PM on 08/15/2011
REALLY? HOW DID YOU COME TO THAT CONCLUSION? WAS IT THE PAROLEES LIGHTNING SPEED IN WHICH THEY WORKED? WAS IT THEIR GREAT WORK ETHIC AND GRATEFUL ATTITUDE? WAS IT THE CONSTANT SMOKE BREAKS AT THE WATER COOLER? OR WAS IT THE WORRIED TONE OF THE FIELD SUPERVISOR THAT MADE YOU THINK YOU'D BE GETTING SOME OF YOUR TAX MONEY BACK?
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HUFFPOST SUPER USER
loyalist1
From D voter to Ind. voter
06:52 PM on 07/02/2011
Here's a machine that picks cucumbers AND squash.

http://www.youtube.com/watch?v=QbxsAb2MszQ
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ProgressivesArePatriots
Le laissez-faire, c'est fini
03:25 PM on 07/02/2011
Leave it to conservatives to bring back slavery!
11:07 PM on 07/02/2011
What? This is the only thing conservatives have gotten right. They can make more than minimum wage right out of prison. They will have to adapt to the working conditions, but that should only take a week or two. I adapted to Iraqi summers with an outside position loaded down with a vest, full uniform, kevlar, and a 53 pound weapon. Some of my days were 14 hours long. Dont tell me they cant adapt to picking produce stateside.

We should have the current prisoners doing it too.
thinkabtit39
common sense never media fed.
08:30 AM on 07/03/2011
Really? How's that?
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HUFFPOST SUPER USER
CrestedSparrow
10:49 PM on 08/15/2011
FREE labor from prisoners.
10:04 AM on 07/02/2011
I just love how they casually mention that the probation workers are not given the same protective equipment for the job as the regular workers and then sit back and smirk about how they can't do it as well. I was utterly disgusted by that nasty little detail about the gloves and amazed that no one else has seemed to take notice of it.
11:09 PM on 07/02/2011
Good observation, I didnt notice it. Farmers dont want them because they will have to pay above the table now. An extra expense.
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HUFFPOST SUPER USER
CrestedSparrow
10:50 PM on 08/15/2011
I seriously doubt proper equipment would have made all the difference.
06:35 AM on 06/28/2011
Who ever came up with this idea is a freaking genius and deserves a pay raise immediatly. This is how we stop illegal immigration folks. We remove the very thing they come here for: Jobs.

It is though extremely saddening to see there are people who actually oppose this. You're the one's who are to blame for illegal immigration today. Because without you standing around bitching and whining we would have solved the illegal immigration problem years ago and could have already saved billions in tax dollars and would probably be less economically injured today.

You should be ashamed of yourselves.
06:24 PM on 07/01/2011
"On the first two days, all the probationers quit by mid-afternoon, said Mendez, one of two crew leaders at Minor's farm."

Yes, it seems to be working out quite well!! Even someone on probation (who I'm guessing has a hard time getting a job because of that) will quit halfway through the day... yep, genius!

...There are not enough Americans who are willing to do hard manual labor... the agricultural system will collapse without the migrants! Hardworking immigrants need a path to citizenship, for their benefit and ours alike!
09:41 PM on 07/02/2011
You are incorrect. Americans will do any job. The problem is that greedy employers want to pay slave wages. Illegals will live in ways that are counterproductive to our neighborhoods, with several families in one house, that is how they live on meager wages.
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jonjon tha 5 8
My micro-bio is teeming with germs
03:43 PM on 06/24/2011
I hope America is really enjoying the extremist Republican policies they ordered last November. Is there no arena of life they haven't improved?
11:14 PM on 07/02/2011
Extremist? The open borders lobby is extremist. Your progressive leaders champion illegal immigration so employers can enjoy cheap labor. They have now replaced union road construction workers, carpenters, roofers, factory workers, etc... They are happy to make about 1/3rd the amount an American will work for and employers love them for it. What employers in all of their greed cant understand is that unemployed Americans cant buy anything from them.

This is the only thing republicans have gotten right in recent time.
thinkabtit39
common sense never media fed.
08:33 AM on 07/03/2011
To take one from the progressive/lib play book, "these things take time" . Obama cries that he was left with a mess and it will not turn around overnight, the Repubs should cry the same thing. They won't though, they will just work to fix it.
05:25 PM on 06/23/2011
Great Idea but, have the company pay these criminals the illegals wages and put the money in a savings account. When the guy gets out of prison he will have money for a trade school or college. Hell, I wouldn't even mind the state throwing in some cash if it will enhance their lives after prison.
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HUFFPOST SUPER USER
Epilef2000
Cafe Con Leche Party
03:23 PM on 06/24/2011
good idea, until they actually started working in the fields...and quit..unable to do the same work!
09:43 PM on 07/02/2011
The probationers didn't have the glove to protect their hands. Someone should have told them to bring them or provided them. It is a myth that Americans will not do agricultural work. They will, and have done it up until the 1980s, when we stopped enforcing our immigration laws.
11:15 PM on 07/02/2011
Current prisoners wouldnt be able to quit.
06:57 PM on 06/25/2011
They're already out of prison. The article calls them probationers, not prisoners.
HUFFPOST SUPER USER
OGMoney
01:14 AM on 06/28/2011
so go back to chain gangs...yup regressive politics
This user has chosen to opt out of the Badges program
08:51 AM on 06/23/2011
Anti-immigrant zealots will shut up once they choke on that $10.99 apple
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
06:30 PM on 06/23/2011
Nah, they'll shriek about how the minimum wage is the real culprit behind that price, along with income taxes.
09:46 PM on 07/02/2011
The price of produce will go up very little, about a few cents, according to research I've seen published.. I would rather pay a few more cents for my produce than live in a nation that allows such blatant violation of immigration laws.
This user has chosen to opt out of the Badges program
08:46 AM on 06/23/2011
when the price of vegetables skyrockets, let them eat caviar!
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HUFFPOST SUPER USER
reviewingthesituation
Southern liberal feminist
07:55 AM on 06/23/2011
Pitting one racial group against another, now that was a brilliant idea.
11:26 PM on 07/02/2011
It isnt racial. Every color of the rainbow has spent the past few decades being replaced by cheaper workers. This is a class issue. Progressives love big business and the massive savings employers get from illegal hires. Your way of saving the economy is to lay off every working class American in all employment sectors and replace them with illegals. You love to imagine the awesome economy produced by instant wealth. What you cant see coming is the fact that the unemployed Americans cant buy any of the produced goods. If you arent selling anything why bother to produce? The awesome economy you dream of is short lived.
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HUFFPOST SUPER USER
reviewingthesituation
Southern liberal feminist
09:20 PM on 07/03/2011
How in the world could you know what I "imagine?" Do you really think out-of-work middle-aged school teachers and sixty-year-old salesmen are able to pack up, like the Joads, and go to California or Georgia to pick vegetables in the sun for 12 hours? If it's a matter of liberalizing our immigration policy to permit seasonal farm workers to harvest our food or start importing everything we eat from outside the U.S., I favor the former.

I doubt there's any "instant wealth" involved in this at any point.

(FYI: Have an ESL student teach you how to use an apostrophe. I haven't used the word "awesome" since I was a teenager. Don't let the fact that I know how to use an apostrophe confuse you. I'm a working class American too, so it's unlikely I'd want to lay them all off, isn't it?)
09:30 PM on 06/22/2011
Let the law breakers work the fields until they pay restitution to the person(s) they violated.
10:38 AM on 06/23/2011
Thank you. There are plenty of options out there that must be tried to solve this problem. We can't simply complain w/o trying solutions.
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HUFFPOST SUPER USER
AZ Stang
Life is far too important to be taken seriously.
07:55 PM on 06/22/2011
First, this is not a referendum on Americans. Sorry to break it to you. This is a small sample of people on probation. People on probation, by definition, have exhibited a propensity to break the law, not follow rules, or attempt to get something for nothing (theft, fraud, etc). They aren't known for their work ethic or morals, which usually has a lot to do with why they are on probation in the first place. Second, the big mistake amnesty was in 1986. People under the age of 35 don't remember when fast food employees could actually pronounce the name of the place they worked. They have gone their entire lives seeing that some jobs are done by immigrants. Fast food and summer agriculture jobs were where high school- age kids learned the value of a dollar, learned hat working is, and as a result, learned why college is important. Not any more...
10:45 AM on 06/23/2011
You have a good point and you are right about the majority of probationers.

However, if the Board of Corrections offered this option as a condition of early release on parole and not just probation, but time off of 'lock up time.' It would pick up traction, because then it is part of their sentence.

It would have a chance to work if it was implemented along w/ worker visas (on a phase period). Transition both programs; not drastically.
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HUFFPOST SUPER USER
AZ Stang
Life is far too important to be taken seriously.
07:39 PM on 06/24/2011
There are already an unlimited number of agriculture temp visas available.
04:24 PM on 06/23/2011
"...summer agricultur­e jobs were where high school- age kids learned the value of a dollar,..." my parents worked in the fields as migrant farm workers from the time they were kids to young adults, and I can assure you there weren't many high school aged kids working because they wanted to...they HAD to in order for their families to survive. My parents and several of their siblings didn't even go to high school..FYI: my parents were born here, my dad's parents immigrated here legally, my mom's dad was here illegally but became a legal resident in the '40s BECAUSE of his work record and the fact that he had 5 children and never received gov't assistance, not even for the children.
I don't condone the hiring of illegal immigrants, but some kind of compromise has to be made otherwise we WILL be paying $5 for a cucumber or $10 for a watermelon and we will lose crops if they aren't harvested in a timely manner. I don't think hiring probation workers is going to work right off the bat, this is a program that has to be implemented slowly to change the mentality of the criminal. And it's not in our best interest to criminalize people here illegally who WANT to work. They find a way to make the back-breaking work tolerable and a way to make wages that will somewhat sustain them.
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HUFFPOST SUPER USER
AZ Stang
Life is far too important to be taken seriously.
07:40 PM on 06/24/2011
Unlimited number of temp visas available for agriculture.