Immigration Amendments Post of the Day

Today we are keeping an eye out for discussions in the Senate Judiciary Committee on a few key immigration bill amendments that are set to be discussed in the coming days.

Klobuchar 1 and Leahy 3: Provides work authorization for survivors of domestic violence who have self-petitioned under VAWA; Provides work authorization for victims of human trafficking and violence who are awaiting T visas and U visas.

Why is this important? Work is a vital element of independence. All too often, the abusive spouse not only exerts control through physical or emotional abuse, but also through economic hostage-taking. If the abused spouse is dependent for housing, food, clothing, and other basic needs, he/she faces incredibly difficult barriers to leaving. Currently, undocumented victims of domestic violence are unable to work legally until their status is resolved. This leaves them with three choices: stay in the abusive relationship, leave the relationship and work illegally and risk arrest and deportation (as well as risking human trafficking and/or exploitative working conditions at the hands of unscrupulous employers), or, leave the relationship and enter a homeless shelter and become dependent on scant public resources. For victims of human trafficking, the inability to work legally makes them vulnerable to re-trafficking, as they have no choice but to take huge personal risks in order to provide for their families in the US and abroad. These amendments would allow the survivor to obtain work authorization, and eventually financial independence, as they petition for immigration relief under the Violence Against Women Act or the Trafficking Victims Protection Act.

 

Today we are also watching for  Blumenthal 17, which provides protections for H-2B visa holders who speak out against workplace abuses—including sexual harassment.

H-2B guestworkers organize against all odds. They face not only termination, but eviction, deportation, and blacklisting when they defend their workplace rights. This is a critical protection at a critical time—the immigration bill significantly expands the H-2B guestworker program, potentially exposing hundreds of thousands more workers to abuse. Why is this relevant to our work at Break the Chain Campaign? Because we know that abuse and human trafficking occur on a continuum of exploitation. If workers are unable to speak out against exploitative conditions on the job without fear of termination or deportation, then there is little stopping the employers who take that abuse even further into slavery and human trafficking. One only needs to examine the David v. Signal case to see this.

Our friends at the National Guestworker Alliance summarize the need for this amendment here. 

 

 

 

 

 

Technological Advances Help Trafficking Victims

Written by Shannon Rosedale, an intern at Break The Chain Campaign

A few years ago Polaris Project launched the National Human Trafficking Resource Center (NHTRC). This is a national, toll-free hotline that is available to anyone to report trafficking. They can answer calls and emails from anywhere in the country, 24 hours a day, seven days a week, any day of the year. As of yesterday, Thursday March 28^th, the hotline can now officially accept text messages as well.  It may now mean the difference between staying quiet and getting help.

Deputy Director of Polaris Project, Sarah Jakiel explained that “Victims of trafficking are often heavily controlled, and in this kind of environment being able to send a silent text message could be their primary access to getting help.” Now by texting “Help” to 233733 (or BeFree) a person can make a report or request help.

The text message will appear on the screen of a NHTRC computer where the client will receive direct access to a specialist who can respond and address the individual’s needs. This could include immediate response, urgent care, non-urgent referrals, planning and support.

A professor at the University of Michigan Law School, Bridgette Carr, stated in an interview with USA Today that she ” can definitely think of clients who eventually made the call for help but if they had the option to text would have done it sooner,” she said, adding that at least one woman had to wait for her traffickers to leave the home where she was held captive as a domestic servant before calling for help.”

With developments in technology, trafficking has been made easier for offenders, NHTRC is hopeful that with this new upgrade they can help combat those forces. Anyone can still report a suspicion or ask for help by calling 1-888-373-7888 or by submitting a tip online here.

-Shannon R.

A Look Back on We Belong Together’s Women Advocacy Days

Written by Shannon Rosedale Intern for Break The Chain Campaign

“I know firsthand that immigration is a women’s issue and a family issue. It’s from my own experience as an immigrant that I believe immigration reform should make the family immigration system stronger, not weaker. And we should not ignore the challenges immigrant women face.” This was what Senator Hirono said in her opening statement to the Senate Judiciary Committee, March 18^th 2013. The hearing was called to address the current immigration reform efforts and the challenges and support of immigrant women. The hearing was a part of We Belong Together’s Women Advocacy Days. The day’s included a rally with Senator Hirono, the hearing with the Judiciary Senate, a press conference and lobbying visits with members of both Senate and Congress.

This hearing in particular was the first in its kind and brought hundreds of women immigrants and community leaders from 24 states across the country together. It was an opportunity to allow women to speak out and be heard on issues such as deportation, violence and domestic abuse, and family reunification in their communities.

Ai-Jen Poo, Director of the National Domestic Workers Alliance, explained that “common sense immigration reform must put the priorities of women at the forefront. Immigration IS a women’s issue.” This hearing again was the first time women and immigration reforms were talked about together.

Tuesday the 19^th, another press conference was held with Senator Barbara Boxer and other leading women’s rights and labor activists. These women, who have experienced firsthand the effect of current immigration policy spoke out and shared the trials they have faced. With women and children making up two thirds of all immigrants in the United States, it is important to include their experiences into reform.

-Shannon R

THE IMPORTANCE OF MEDICAID EXPANSION

Several states, including swing states Ohio and Florida, have been in the news recently as their Governors have announced they will adopt the “Medicaid expansion” option. Here’s a little background on Medicaid.

Medicaid, the national health coverage program established in 1965 for low-income individuals, was recently expanded under the Affordable Health Care Act (or Obamacare) in a major way. Before the ACA was passed, citizens receiving Medicaid had to belong to a “categorically” eligible group and meet the financial test set by the state for that group. The federal government mandated that eligibility levels be set at 100-133% of the federal property level, the official income threshold for determining whether an individual or family is in poverty, for children and pregnant women, but eligibility levels for parents could be lower and states were not required to cover adults without dependent children. As of December 2009, eligibility levels for parents in 17 states were at or below 50% FPL and only five states allowed adults without dependent children to enroll in Medicaid.

The Affordable Care Act passed in 2010 calls for a nationwide expansion of Medicaid eligibility. Beginning in 2014, all non-disabled U.S. citizens under 65 with family incomes up to at minimum 133% of the federal property level – but effectively 138% since 5% of a person’s income will be disregarded under the Modified Adjusted Gross Income tax rules, a new income-calculating methodology – will qualify for Medicaid. The legislation makes old categorical definitions of eligibility less relevant than the distinction between “newly eligible” and “traditionally eligible,” and states will receive a much higher contribution from the federal government as a reward for covering “newly eligible” people. “Newly eligible” citizens are not necessarily entitled to standard Medicaid benefits packages but must be provided with “benchmark equivalent” benefits which would include the same benefits as private plans. The expansion will be fully financed by the federal government and benefit millions of childless adults and low-income parents who in a large number of states do not qualify for Medicaid. (http://www.apha.org/APHA/CMS_Templates/GeneralArticle.aspx?NRMODE=Published&NRNODEGUID=%7bD5E1C04A-0438-4FD4-A423-CEFDA0D9878D%7d&NRORIGINALURL=%2fadvocacy%2fHealth%2bReform%2fACAbasics%2fmedicaid%2ehtm&NRCACHEHINT=NoModifyGuest#Medi5)

The June 2012 Supreme Court decision on the Affordable Care Act upheld the Medicaid expansion provision but limited the federal government’s ability to penalize states that don’t comply, making the law effectively optional. However, as of March 1^st, 2013, twenty four states already plan on participating, including recent members Ohio and Florida. These states represent both sides of the political spectrum, and four more states – Kentucky, New York, Oregon, and Virginia – are also leaning toward participating, showing that progress is being made.

Medicaid expansion is crucial for low-income citizens, as we have seen in our work on the Caring Across Generations (www.caringacrossgenerations.org) campaign, and it is imperative that we convince more states to reform their programs. Utah, Kansas, Indiana, West Virginia, and Tennessee are still undecided – let’s start there. (http://www.advisory.com/Daily-Briefing/2012/11/09/MedicaidMap#lightbox/1/) 

 

-David Gellman, Health and Labor Advocacy Intern, Break the Chain Campaign

                         

Do you eat ethically? The Fair Minimum Wage Act and the Restaurant Industry

Yesterday Senator Tom Harkin (D-IA) and Representative George Miller (D-CA-11) introduced the Fair Minimum Wage Act of 2013. This legislation would raise the federal minimum wage to $10.10 and require that the tipped minimum wage, which has not been raised since 1991, be set at 70% of the regular minimum wage.

If passed, this legislation will mark a significant stepped forward for workers, especially those in the restaurant industry whose livelihood is their tips. A groundbreaking new book Behind the Kitchen Door by Saru Jayaraman reveals the stark realities of service industry jobs. This is an issue that affects all Americans, even those who do not work in restaurants most likely know someone who does. 1 in 10 Americans is employed in the industry.

The public often sees tipping as a way to thank a server for exceptional service. What they do not realize is that tips are actually the worker’s wage. Sometimes, if a worker is on the graveyard shift or a slow lunch, they might actually make zero dollars in an hour. The $2.13 they receive an hour is usually taken out of their check because of taxes.

The result is these harrowing statistics, which are detailed more in Jayaraman’s book:

• Poverty rate for workers in the food industry is three times that of the rest of the US workforce
• Food industry workers use government assistance programs at higher rates than the general work force
• Nearly 80% of food industry workers do not have paid sick days
• The restaurant industry is the employer of 7 out of the 10 lowest paying jobs in American, as well as the 2 absolute lowest paying jobs
• Many workers, especially those in the “back of the house” or the kitchen are undocumented and as a result are more vulnerable to abuses
• In the food industry there is a $4 wage gap between white workers and workers of color

Even a quick look at these figures makes it clear that the Fair Minimum Wage Act should be one of Congress’ legislative priorities. Be sure to watch the book trailer as well as this excerpt from Up with Chris Hayes on MSNBC where Jayaraman debates a representative from the New York Restaurant Association.

5 Priorities for Immigration Reform

Written by Megan Cutter, Worker/Immigrant Rights Intern

Over the past few months the immigration debate has come to the forefront of public discourse in the US, as both Congress and the President work toward comprehensive reform of our broken system. There are more that 11 million undocumented immigrants living in the shadows here in the United States and they deserve a roadmap to citizenship. These people are not numbers or statistics. They are caregivers, workers, and parents. A comprehensive immigration bill must focus on a path to citizenship instead of enforcement.

Many undocumented immigrants are employed as domestic workers or in other low-wage positions and receive little to no protection under the law. In addition, due to their lack of citizenship, they are unable to demand that their employers treat them justly, so they are subject to abuses in the workplace.

The National Domestic Workers Alliance (NDWA) has outlined five specific goals for immigration reform, which not only address issues faced by domestic workers on a daily basis but outline essential steps toward giving all 11 million undocumented immigrants access to citizenship.

1. A broad and inclusive road to citizenship. This means a path to citizenship should not exclude low-wage workers. For example, citizenship should not be contingent on continuous employment because many domestic workers work in more informal settings or for employers who have not kept records. Additionally, barriers to access should be eliminated. This means no outrageous fees and access to materials in the applicants native language.

2. Program for caregivers. America’s rapidly aging baby-boomer population, many of whom prefer to age at home rather than in a nursing home or other care facility, means there is a need for caregivers. Immigration reform legislation should include a specific program promoting access to citizenship who those in the caregiving industry because they are an essential component in alleviating a dramatic labor shortage.

3. Reunite families. Deportations must end. They separate care providers from their families and children from their parents. Families that have already been separated should be reunited in a timely manner. Adequate numbers of visas should be provided for family members to unite, which could be done be ensuring that unused visas are reallocated. Instead of using the detention systems, lawmakers should look to community support programs and eliminate enforcement-only approaches.

4. Strengthen the workforce. This means allowing workers to organize and be members of unions without fearing deportation or other legal consequences. NDWA recommends designating workers organizations like themselves, as well as unions and workers centers to help immigrants navigate eligibility and applications for citizenship.

5. Resources for survivors of violence and trafficking. Many undocumented workers have experienced violence and abuse or been trafficked, due to their vulnerable legal status. As a result, immigration reform should be sure to expand resources for survivors of trafficking, as well as for undocumented women who report cases of abuse. These women should be guaranteed health care and social services. Finally, women should not have to be afraid to report abuses, so police must stop collaborating with immigration officials on these cases.

While there are many other important points to be included in legislation for comprehensive immigration reform these five provide a solid framework. Our workers and their families should be protected. They give back to our economy and deserve access to justice resources. Instead of separating families, the government should move away from deportation towards a direct path to citizenship.

(Credit: NDWA Goals for Immigration Reform)

House of Representatives Follows Senates Path to Passing the Violence Against Women Act/Trafficking Victims Protection Act

Written by Break the Chain Campaign Intern Shannon Rosedale

After a long debate, the Trafficking Victims Protection Reauthorization Act of 2013 was passed as an amendment to the Violence Against Women Act (S. 47)  earlier this month with a 93-5 vote and the VAWA act 78-22. It was brought into Senate by Senator Patrick Leahy (D-VT).

The Act also included the full text of the Trafficking Victims Protection Act. The Trafficking Victims Protection Act of 2000 built the State Department Office to Monitor and Combat Trafficking in Persons. This brought forth the annual Trafficking in Persons report (click here for 2011’s report) and established a worldwide standard for confronting slavery and trafficking.

Today the House moved the final bill to President Obama’s office for his signature. The House’s weakened “substitute bill” cut out populations like LGBT, Native Americans, and immigrant victims from receiving adequate protection.

The current legislation will now extend protection to these groups of peoples as well as provide for more rape kits and providing a national registry of forensic evidence from sexual assault cases, strengthens criminal anti-trafficking statues,  offers more temporary housing for victims and brings awareness to the domestic violence issues among college campuses.

One major improvement to VAWA that was included in the Senate version, but not the House version, gave the authority to tribal courts to prosecute nonnative American men who are being accused of crimes on Indian reservations. This will offer help for women who have been abused or assaulted on Reservations because the current capacity of first responders and investigators in these areas is inadequate to meet the needs of Native American women.

Overall it is a great accomplishment by advocates and lawmakers from both parties, and we are hopeful that this bipartisan support will continue in the next reauthorization discussion.

-          Shannon Rosedale

Fiscal Cliff Aftermath: Part II

In my last post entitled “Fiscal Cliff Aftermath: Part I,” I broadly discussed the fiscal cliff negotiations that took place between President Obama and congressional leaders at the end of 2012 and the most important provisions of the American Taxpayer Relief Act that passed as a result. Now, I’d like to delve a little deeper into the ATRA’s effect on Medicare, Medicaid, and Social Security.

As I mentioned briefly in Part I, the fiscal cliff package contains a “doc fix” suspending a 27% reduction in payments, adjusted to meet the Medicare Sustainable Growth Rate, for physicians who treat Medicare patients. This is not the first time that Congress has overridden the SGR. In fact, since the SGR was put into place in 1997, annual bills have kept the conversion factor locked at 0% since 2002. This year’s “doc fix” blocked the payment decreases and kept rates frozen for one year starting January 1^st ; however, the spending cuts needed to offset the $25 billion cost of the legislation are unspecified. Though still being negotiated, likely candidates for cuts include “evaluation and management” visits in hospital outpatient departments, certain payments on outpatient dialysis services, and hospitals that treat large numbers of patients without insurance and on Medicaid (already reduced by $18 billion under the Affordable Care Act). Even more pertinent to the Break the Chain Campaign, Congress is considering offsetting the “doc fix” by cutting Medicare payments for home health care services. Therefore, provider and hospital groups have been lobbying Congress to keep the offsets for the bill as far away from these vital health care services as possible.

Another important consequence of the fiscal cliff negotiations were its two provisions for people receiving long-term supports and services and their caregivers. The first was the repeal of the Community Living Assistance Services and Supports (CLASS) Act, a bill which would have created a new national, voluntary long-term care insurance system. While the need for the program is immense and quality long-term, affordable home-based care is essential, this drafting had been criticized by both Democrats and Republicans from the start for its high premiums for buyers and financial unsustainability and, since the Obama administration had already refused to implement the program after it had passed a few years ago, its official repeal on January 1^st was essentially a formality. The second provision was the creation of a fifteen member commission of White House and Congressional leaders from both sides of the aisle to develop a plan for better financing and delivery of long-term services. However, as Howard Gleckman from Forbes writes, “the commission, sadly, seems like a classic congressional study destined to gather dust on a bookshelf somewhere” due to its tight time frame (one month to pick and its members and six months to draft a proposal), lack of a connection with any federal agency, and no requirement that Congress vote on any of its recommendations.

Finally, as I also mentioned in Part I, the ATRA allows the Social Security Payroll Tax holiday to expire, costing employees 2% more in their portion of the tax. The payroll tax cap also rose from $110,100 to $113,700 on January 1^st, meaning that annual income up to $113,700/year would become subject to the 6.2% tax. The extension or elimination of the cap on the payroll tax would strengthen Social Security for all Americans since the increased tax would only affect a small percentage of workers.

The International Labor Recruitment Working Group: What More Needs to be Done

 

Written by Break the Chain Intern Shannon Rosedale

“They kept our passports; it made me feel like I was an undocumented worker.” These are the words of Leonardo Cortez Vitela as he reflected on his experience as a worker on an H-2B visa. He retold his story during the press release of the International Labor Recruitment Working Group’s report of “The American Dream Up for Sale: A Blueprint for Ending International Labor Recruitment Abuse” on February 5^th at the National Press Club.   Hearing these words made me aware of the ignorance that goes along with the abuse of recruitment agencies and domestic workers. Often times the effects and experiences that are dealt to these workers are far beyond our imagination. That is why the ILRWG came together and put together this report.

In it they describe the eight main points that need to be incorporated in any guestworker program.

1. Freedom from discrimination and retaliation

2. Right to know the process and their rights

3. Freedom from economic coercion

4. Right to receive contract with fair terms and give informed consent

5. Accountability of the employer

6. Freedom of movement while working in the U.S.

7. Freedom of association and collective bargaining with labor unions and organizations

8. Access to justice

They emphasize these eight in particular because each of them represents an aspect of immigration and domestic worker policy that fails to exist.

The first point listed above is one that should be true for every individual. All beings deserve to live free of discrimination and retaliation, especially in the work place. According to Title VII of the Civil Rights Act (1964) employers are prohibited from discriminating against employees and those that apply on the account of color, race, religion, national origin, and sex. It also is prohibited for employers to retaliate against an employee who “asserts his or her rights under the law.”

Unfortunately this is not true in many cases. Title VII only applies to private employers with at least 15 employees; so many employers are not forced to follow this. Testimony after testimony from domestic workers gives proof that often times there is discrimination and unfair treatment towards employees due to surface level differences. They must also live in fear of retaliation in forms of threats such as withholding pay and documentation if they file a formal complaint.

As for the right to know (point number 2): “workers have the right to be told in a language they understand about the process of the recruitment office and what rights they have under U.S work visa’s.” Freedom from economic coercion (3) means that employees should work in an environment free of economic coercion. The right to receive a contract with fair terms (4) and to give informed consent refers to the policy in which every employer must provide a fair contract to the employee that respects their rights and informed consent before hiring. A worker also has the right (5) to be recruited for work in the U.S under a system that holds an employer responsible for all/any abuses that may occur during their recruitment/employment.

Currently under law, workers do not have the right to freely move and change employers while working in the United States (6). It is important that this become valid so more people are not scared to be unemployed when suffering employer abuse. The report also states (7) that workers have the right to join unions and advocate collectively to promote their rights and interests. Lastly, the right (8) to seek/access justice for any abuses suffered under the United States work visa programs should be an option for all workers.

Along with these eight points, the ILRWG is pushing for regulations for recruitment agencies. Often time’s recruiters are over looked and ignored as a problem. However this report lays out recommendations and mandates for recruitment agencies that should be followed by all organizations. These include a repair of work visa programs that: is “comprehensive in nature and addresses recruitment abuse;” contains regulations for recruiters such as: an Office of International Labor Recruitment; keeps employers accountable for the actions of recruiters and recruitment agents (jointly liable for abuses); prohibits recruitment fees for recruiters by workers; and a collection of all data to monitor international labor recruitment.

Overall, the International Labor Recruitment Working Groups have made it clear what needs to be done in order to serve all workers with equality and fairness. To check out the full report online please follow the link here: Fair Labor Recruitment Report.

-          Shannon Rosedale

Reportback – Home Economics: A Discussion about the Unregulated World of Domestic Work

On February 1^st the Aspen Institute held a discussion about the issues and challenges facing domestic workers. Health and labor advocacy intern David Gellman reported back for us.

            Ai-jen Poo, director of the National Domestic Workers Alliance, summed up a discussion at the Aspen Institute on the challenges facing domestic workers beautifully when she referred to the industry as a “wild west” for employers and employees. Household labor is still very much unregulated, and a lack of legislative guidance on the topic has triggered an unequal relationship between bosses and workers. According to Barbara Young, a former domestic worker and current organizer for the National Domestic Workers Alliance, most household jobs have extraordinarily long hours, are incredibly low-paid, and exclude benefits like social security and health insurance. 20% of domestic workers earn incomes below minimum wage, and the variation in pay among caregivers and housekeepers is tremendous. And in some cases, employees are exposed to toxic chemicals that can cause lifetime illnesses.

            In an era where 1/5 of adults are employed in low-wage jobs and 58% of new jobs created are in low-wage industries – due to immigration problems and growing cultural dissatisfaction with doing work around the house – regulation for domestic work is a crucial priority. No set guidelines exist, which allows for exploitation and employers and employees to form different conceptions of their relationship. Employers hire increasingly on the basis of who they can command and micromanage rather than on merit, and a mentality exists among bosses that workers are family members rather than workers who should earn a living wage. The industry is also dominated by women of color, which makes for much greater exploitation. However, due to the bootstrap philosophy of mobility and a low priority level for lawmakers, as well as a fear among workers that organizing will lead to the loss of their jobs, desperately-needed regulation has not been forthcoming. Here are a few of the successes that we have seen so far and the challenges we still face:

Successes:

• The number of training programs has increased for low-wage workers to inform them of their rights and help them earn higher incomes.
• The National Domestic Workers Alliance is growing and partnering with more labor groups.
• A Domestic Workers’ Bill of Rights recently passed in New York, and similar bills are on the table in other states. Although California vetoed a Domestic Workers’ Bill of Rights, labor groups are working vigorously to write new language and are convinced that they can succeed.

Challenges:

• We need more advocacy in public-sector funding and greater alliance-building among domestic workers. The amount of information that we need to start a public conversation on this unregulated industry is simply not there.
• We need to define who is a worker in this country and include household laborers in that definition.
• Even though training programs are improving, we still need more.
• When Congress looks at immigration reform this year, it should reflect our social reality. Immigrants need an easier path to citizenship that is broad and inclusive.