The national debate around immigration policy reform has largely ignored a disturbing trend in businesses: the modern-day indentured servitude of temporary workers.
New York recently took steps to eradicate this type of labor. The New York State Department of Labor announced a new partnership with businesses to train employees on identifying trafficking of foreign workers. The free training program will help enforce the state's 2007 Human Trafficking Law, which criminalized sex and labor trafficking and provided victims with much-needed services.
Governor Andrew M. Cuomo correctly stated in a press release about the program: "human trafficking is not only a global problem, it's happening in our own backyard."
This exploitation occurs throughout America.
In December, a federal judge awarded $4.5 million to 350 Filipinos who worked in indentured servitude after being lured to teach in Louisiana.
Los Angeles-based Universal Placement International, Inc. (UPI) recruited the teachers. They began arriving in the U.S. in 2007 as part of the H-1B worker program, which allow U.S. employers to temporarily employ foreign workers. The teachers paid the placement service about $16,000 to obtain the jobs, and many had to borrow money at high interest rates to pay the fees. In the meantime, UPI revoked their passports and visas until the fees were paid.
There are many recruitment agencies like UPI that force workers to sign contracts before they leave their country of origin. When they arrive, they ask for passports as a tactic, and then force workers to sign additional contracts to pay more fees. Workers are then told where to live, and exactly who to talk to or not talk to, while also paying exorbitant rent for small spaces. Fear of arrest and deportation prevent workers from seeking help.
In another scheme in Louisiana, Filipino skilled workers were trafficked by Grand Isle Shipyard Inc. (GIS) from the Philippines with promises of visas, pay above $16 an hour and quality jobs. Instead, they were paid just $5 an hour and were forced to work up to 14 hours a day, every day, with no overtime. In addition, they had to pay up to $3,000 for housing to share bunk beds. The alleged abuse came to light after an offshore explosion in November 2012 caused the death of three Filipino workers.
While these two cases focused on Filipino workers, this abuse occurs to Latino and other Asian, including south Asian, immigrant workers.
I recall the testimony of Saravanachelvan Naranasamy of the New Orleans Center for Racial Justice at an APALA National Workers' Rights hearing in November 2009.
Naranasamy was one of 500 Indian guest workers lured to the U.S. by the shipyard company Signal International. He was charged $20,000 to immigrate to the U.S. But instead of staying quiet, Naranasamy and other workers staged a walkout alleging illegal human trafficking and substandard conditions, including having to live 24 people per room.
Immigrations and Customs Enforcement detained the workers who faced deportation.
"Is this America, the home of the free, where I might be deported tomorrow because I am standing here in public and telling the truth today?" Naranasamy said.
Luckily, the workers were granted protections given as survivors of trafficking and were able to stay in the U.S.
We need to take a closer look at the demands for labor and the abusive recruitment practices within these temporary worker programs that take away the dignity of temporary workers. Comprehensive immigration reform must include regulations on recruitment of temporary workers, due process and whistleblower protections and including a pathway to citizenship for these workers and all who are aspiring citizens.
The time for reform is now, given that demand for more temporary workers is growing. Corporations and companies are asking for an increase in temporary worker visas.
These workers share common goals: They want work hard and improve their lives. Their efforts help grow our economy, and in return, we should ensure they have the protections and opportunities afforded to U.S. citizens.
Gregory Cendana is currently the Executive Director of the Asian Pacific American Labor Alliance (APALA), AFL-CIO and Institute for Asian Pacific American Leadership & Advancement. He also serves on the Executive Committee of the National Council of Asian Pacific Americans (NCAPA) and as Chair for the Labor Coalition for Community Action.