Archive for the 'Immigrant Rights' Category

Before you get your car washed…

I suggest reading the entire article. It is quite overwhelming and a testimony to LA as a global city, the debate over immigration, and the lived reality of immigration and race relations. However, I do have a few issues with the portrayal of immigrants—as lacking a voice or easily controlled–but this does show how people are profiting from controlling immigrant labor.

From the LA Times:

Inspectors find dirt on books at Southern Calif. carwashes
Owners frequently violate labor and immigration laws with little risk of penalty, officials say. Many workers are loath to complain, but some have formally accused their bosses of underpaying them.

By Sonia Nazario and Doug Smith
Los Angeles Times Staff Writers

1:26 PM PDT, March 21, 2008

A team of state inspectors strode into the Blue Wave Car Wash in West Los Angeles, past latte-sipping customers in electric massage chairs and into the gritty carwash tunnel.

“¿Cuánto gana usted?” the inspectors asked worker after worker, about 20 of them, most Latino immigrants. How much do you make? Each carwashero responded that he earned minimum wage or more — just as the owner of the Blue Wave, one of the region’s busiest carwashes, had told the inspectors.

Looking over payroll records, however, the regulators became suspicious. Employees who said they were full time were listed as working just 10 or 15 hours a week.

Inspector Martha Mendoza ushered Juan Cruz Santiago, a small man with salt-and-pepper hair, away from the others. During gentle questioning under a ficus tree, he admitted that most days, he and his 66-year-old father worked for tips only. So did nearly half the other employees, he said. It had been that way for at least six years.

“It’s bad,” the 41-year-old Oaxacan immigrant whispered to Mendoza, his eyes darting nervously toward his boss’ office. “Other carwashes are the same, no?”

Many are. A Times investigation has found that hand carwashes, automotive beauty shops patronized by tens of thousands of Southern California motorists every day, often brazenly violate basic labor and immigration laws, with little risk of penalty.

Half or more of carwash owners flout the minimum-wage law, estimated David Dorame, the longtime lead investigator for low-wage industries at California’s Division of Labor Standards Enforcement.

Despite many undocumented workers’ reluctance to complain to authorities, employees at a fifth of Southern California’s carwashes in the last five years have formally accused owners of illegally underpaying them, The Times found.

From Santa Monica to Westwood to Koreatown, many workers said they received only tips for some or all of their shifts. Labor division inspectors estimated that about 10% to 20% of car dryers are not paid by owners.

“Tips only” is a requirement for some new workers until owners are satisfied that they can properly dry a car, laborers said. Their take is typically $10 to $30 a day.

At the Blue Wave, owner Isaac Shanfeld of Beverly Hills told inspectors that all of his workers earn at least minimum wage, costing him $700,000 a year. He said he didn’t know of anyone working for tips alone, but added: “I can’t police everyone.” After the inspection last fall, he was issued a $2,600 citation for wage violations. Continue reading ‘Before you get your car washed…’

When you’re ignorant you shouldn’t talk so much

At the intersection of race, skin color, and language differences, we have a society that too often tolerates discrimination based on those that look or sound different.

Thanks brownfemipower for sharing this story.

Store owner asks to see shoppers’ Social Security cards

Wednesday, March 12, 2008

By Karen Lee Ziner

Journal Staff Writer

PROVIDENCE — All José Genao planned to do at the heating equipment supply store was buy a spare part for his boiler.

While the owner began searching for the part, Genao and his friend began speaking to each other in Spanish.

As owner David C. Richardson was ringing up Genao’s $18 purchase, he demanded to see their Social Security cards.
What followed was a telling encounter underscoring the tensions in this country over immigration and ethnicity.

When Genao told Richardson “he did not have the right to ask all those questions,” Richardson pulled out a membership card for Rhode Islanders for Immigration Law Enforcement, a group that seeks curbs on illegal immigration.

Then, he lifted the phone receiver and threatened to call immigration authorities, Genao said.

“He [Richardson] grabbed the phone and said, ‘I can call ICE [Immigration and Customs Enforcement] anytime I see an illegal immigrant,’?” said Genao. “He also said, ‘I can make a citizen’s arrest.’?”

Genao, a Rhode Island state employee, is a native of the Dominican Republic and a U.S. citizen. He speaks fluent English. He said his friend — who declined comment — is also a Dominican native and U.S. citizen. “There is no problem with his status,” said Genao. “He is legal.” State records list both as registered voters.

Richardson, owner of Rhode Island Refrigeration on Branch Avenue, did not dispute most of Genao’s account of the March 1 incident, but said he did not recall picking up the phone receiver, and was not trying to threaten anyone. Interviewed at his store, Richardson said he singled out Genao’s friend, whom he thought only spoke Spanish.

“I wanted to see the Social Security number from the one who wasn’t speaking English,” said Richardson. “I just kind of mentioned I’d like to see his Social Security card. And he kinda balked. He left and walked out the door.” When the friend returned to urge Genao to leave, Richardson added, “he started to speak in English. That surprised me.”

Richardson, a Reform party member and former Senate candidate, said he was acting on civic duty. Genao accused Richardson of racial stereotyping, “all because we were speaking Spanish.” Continue reading ‘When you’re ignorant you shouldn’t talk so much’

The Great Immigration Debate

As the senate revisits a revised immigration reform bill, everyone is showing their claws. I’ve compiled here a list of interesting articles that grapple with this debate. In order for the bill to pass, an over-whelming majority of the democrats need to vote for it. This bill is an intense mix of politics and alliances. Bush is pushing for his republicans to support it, because, as one author state, he is sympathetic towards Mexican immigrants: The NY Times: Texas Town, Now Divided, Forged Bush’s Stand on Immigration

At stake, in this bill, is the potential citizenship of 12 million illegal immigrants. However, it is the 200,000 person “guest-worker” program that divides the senate along multiple lines. Al Giordano of Narco News outlines this issue simply as ridiculous. He states:

To keep twelve million people “illegal” out of spite, however legitimate, toward the Court-Appointed President, is also a consequence of bigotry. Such a stance concludes that twelve million “aliens” (that’s what they called our ancestors, too, as if they had come from the moon) and their freedom do no count, do not matter, and are expendable. Excuse me: there is no other word for that than racism.

Others argue that the issue is more complicated–in particular the labor unions. Steven Greenhouse of the NY Times argues that it is the labor unions that may decide this bill.

The threat that labor poses to the bill has gone largely unrecognized in part because three prominent unions — the service employees, the farm workers, and the hotel, restaurant and apparel workers — have backed the legislation. But that support, advocates say, has been outweighed by opposition from the A.F.L.-C.I.O. and virtually all other unions, including auto workers, Teamsters, food and commercial workers, and construction unions.

The unions that are in support of the bill see the 12m workers as a priority…and worth the sacrifice. The others, on the other hand, feel betrayed by senators such as Kennedy who support a bill that could threaten the wages and way of life that they have grown accustomed.

This bill is an amazing case study of negotiation, distraction, and racism. This is obviously not the best possible scenario for immigrants (paying $5,000 among other things) so is it still worth it? As deals are made under the table to get enough senators on board, will we even understand all of the fine points of the final bill…probably not.

Here are a couple more interesting articles on the subject:
Story from BBC NEWS: US Senate revives migration plan

This one discusses the economics of the immigration debate:
Story from BBC NEWS: US immigrants spark growth debate

More on the debates between senators:
Immigration Bill Advances in Senate
By JULIE HIRSCHFELD DAVI, SF Gate

New Films on the Border, Mexico, and Oaxaca

Yesterday, I attended an event sponsored by Acción Zapatista (a UCSB student organization) that featured three new exciting documentaries. Jill Friedberg, who also worked on the Award Winning film This is What Democracy Looks Like, presented Granito de Arena, which tells the story of the dismantling of the Mexican public education system. This compelling film highlights the power of resistance by educators, families, and students, who demand access to free public education and a living wage. In 2006, a year after Friedberg completed this film, Oaxacan teachers entered a new chapter in their struggle. Her new film, a work in progress, called Un Poquito de Tanto Verdad, traces the story of the recent Oaxacan uprising. I was thrilled to see the brave Oaxacan women who took over Channel Nine powerfully represented in this film. I remember Jill from my time in Oaxaca–she was always at the frontlines, documenting the uprising as it happened. You can learn more about these films and how to order them, from Corrugated Films.

We were also treated by Monica Hernandez’s film, Rights on the Line, which deconstructs the image and reality of the Minutemen Project, in particular their racist and controversial involvement in apprehending immigrants who cross the Mexican/US border. I loved the footage of Minutemen at the Arizona border. The American Friends Service Commission trained ACLU legal observers to document the activities of the Minutemen and other vigilantes. The film and trailer are availble from the American Friends Service Commission.

Disposable Society

I enjoy the mix of political commentary and cartoons on Matt Davies’ blog, particularly this one:

cartoon
This cartoon was drawn in response to a local murder the circumstance of which exposes a sinister but familiar undercurrent in our society, shared by both those who want to kick out illegal immigrant laborers, and those who hire them because they’re cheap. We should show compassion for our fellow human beings, regardless of their status.

The more I research the connection between immigration, racism, day laborers, and crime against those who seek day labor, my anger increases. My recent blog on the day laborer that was killed at a counter-protest (as a result of a car accident), received an appalling comment by a racist Minuteman supporter. I thank Bryan for his creative response to this comment on his own website.

Excuses for Racism

Fighting between drug cartels in Cananea, a town near the Arizona border, escalated when 50 men executed four local police officers. USA Today’s story sounds like the scene from a movie (it is below). Mexican President Calderon deployed army troops to control the drug cartels. However, the National Human Rights Commission claims that the army is involved in local crime including rapes and other abuses. The public comments on USA Today’s website are racist and one-sided. Instead of using this horrible event to analyze the real origins of poverty and corruption, these comments use this event to justify their racism and the need for more border control. Not one comment offers a critical anti-racist examination of this issue. Here is the article - I won’t post the comments here; you can see them for yourself.

Mexico arrests 4 gunmen after battles near Ariz. kill 22
HERMOSILLO, Mexico (AP) Police and Mexican army troops arrested four members of a criminal assault force that overran a town near the Arizona border and set off gunbattles and executions that left at least 22 dead in violence linked to drug cartels.

Luis Pena Molina, town secretary of Banamichi, said Thursday that “helicopters are combing the whole area” looking for the remnants of the estimated 50 gunmen who assaulted the nearby town of Cananea, 20 kilometers (30 miles) south of the U.S. border. He said four gunmen had been detained.

The violence began Wednesday, when men armed with assault rifles and riding in 10 to 15 vehicles pulled four lightly armed city police officers out of their cars and executed them in a park.

The assailants fled to the nearby hills with authorities in pursuit. The gunmen ditched their vehicles, commandeered horses and forced ranch hands to serve as guides, according to an account from a man abducted by the armed gang.

An hours-long gunbattle erupted between the gunmen and police and soldiers. Fifteen assailants, five police officers and two local residents were killed.
FIND MORE STORIES IN: Mexico | Cananea | Jose Luis Soberanes

The invasion of Cananea — a town that helped spark the 1910 Mexican Revolution when U.S. forces crossed the border to help put down a miners’ strike — showed the brashness and power of Mexico’s ruthless organized crime gangs.

The first outside authorities to arrive in Cananea on Wednesday found an eerie no man’s land where local law enforcement had melted away.

“When the state police arrived, there was not a single municipal police officer,” Sonora state Gov. Eduardo Bours said. “We had to take over the command. There wasn’t anyone there. They had all left.”

Bours added that he had previously asked for a federal investigation of the Cananea police force, apparently to determine whether it was infiltrated by Mexico’s Pacific Coast drug gangs

Federal Public Safety Secretary Genaro Garcia Luna blamed a turf battle between the Gulf and Pacific drug gangs.

“An armed command first abducted a police patrol, then went out on the streets of Cananea … abducting policemen,” Garcia Luna told reporters. “It is a group linked to the Gulf cartel, waging a turf battle with the Pacific people, for control of this territory.”

He praised Sonora state officials for their “efficient” response.

While President Felipe Calderon has dispatched thousands of army troops to fight the cartels, critics say troops trained for battle should not be acting as police officers.

The official National Human Rights Commission said Tuesday that there was credible evidence that some of the newly deployed troops committed rapes, illegal searches and other rights abuses.

“Soldiers are not trained to carry out police work,” said Jose Luis Soberanes, president of the rights commission.

In Cananea, there was little debate over the need for army troops: Mayor Luis Carlos Cha Flores had formally requested that federal police officers and army troops be sent to the town to restore order, the government news agency Notimex reported.

Day Laborer Killed

This press release of a day laborer killed at a protest makes me think of a movie I just watched, Farmingville. It is a POV video documenting the fight over the influx of Mexican immigrants looking for jobs in the small town of Farmingville, NY. Residents all decide it is a problem…but half turn to racism and want the immigrants out at any cost. The other half push for a day labor center to remove the “visible” problem of day labor corners. Day labor corners are dangerous for the laborers and some claim it is dangerous for the neighbors. The town debate becomes heated after two laborers are murdered in a hate crime by two people pretending to hire them to clean a basement. I highly recommend the movie.

PRESS RELEASE
FOR IMMEDIATE RELEASE
May 6, 2007

CONTACTS:
Suzanne Foster: 310-486-8499
Jose Calderon: 909-952-1640
Veronica Federovsky: 818-515-0782.

Day Laborer Leader Killed During a Minutemen Protest in Rancho Cucamonga

WHAT: Press Conference
WHERE: Corner of Arrow Highway and Grove Avenue, Rancho Cucamonga, CA
DATE: Monday, May 7, 2007
TIME: 11 a.m.

On Saturday, May 5, 2007, José Fernando Pedraza, a day laborer, was struck and killed by a vehicle on the corner of Arrow Highway and Grove Avenue in Rancho Cucamonga, California. At around 12:30 p.m., two vehicles collided in the intersection, causing one to veer into the day laborer corner. Several workers were hit; two sustained minor injuries. José Fernando Pedraza was airlifted to a nearby hospital but died from his injuries. Though day laborers are typically not looking for work at that time of day, Pedraza and workers were present yesterday because the Minutemen and members of Save Our State, anti-immigrant, vigilante groups, were staging a protest against them.

José Fernando Pedraza, 57, leaves behind many friends and loved ones. He was the father of five children and the grandfather of seven. In the last five years, José Fernando was a leader at the day laborer corner, mentoring young day laborers. He fought tirelessly for the creation of a day laborer center. He attended several meetings of the Rancho Cucamonga city council to advocate for a day labor center and joined in numerous marches in the region to support the legalization of immigrant workers. The day laborers have lost a brother, a friend and a leader.

We are all deeply saddened over this tragedy. Day laborers and community members will come together on Monday to express their outrage and frustration that they continue to be targeted by groups such as the Minutemen and Save Our State. As one of Fernando’s fellow day laborers and friends, Carlos Mendez, stated, ” This would never have happened if we did not have to be there to respond to the Minutemen.” He continued, “This would never have happened if the City had provided us with a safe space to stand and look for work. It should not take a death to push the City to provide us with a day laborer center.”

The accident in Rancho Cucamonga is an example of the precarious reality for day laborers across the country. Vigilante groups, whose members shout insults at workers and use intimidation tactics to discourage employers from hiring them, routinely target day laborer corners and centers. Of high concern to the workers and their organizations in Rancho Cucamonga is the fact that the frequent protests by the vigilante groups cause a chaotic environment, potentially distracting drivers and leading to accidents such as Saturday’s deadly incident.

The strongly anti-immigrant nature of Save Our State and the Minutemen protests create a
climate of violence and hostility that encourage hate crimes against day laborers and migrants in general. Last week, a newly opened day laborer center in Gaithersburg MD, was targeted by arsonists and in the fall of 2006, day laborers at a center in Laguna Beach, California were injured when two individuals drove a car through the center’s property attempting to run down workers. Day laborers and their organizations also fear an increase in violence in the aftermath of the repressive tactics that the Los Angeles Police Department used during the May Day march and rally at McArthur Park. Groups also fear an escalation of violence, hate crimes and hate incidents as federal legislators engage in the immigration debate in Washington DC in mid-May.

Day laborers and their advocates call for an end to the hostilities against day laborers in Rancho Cucamonga and throughout the country. We demand that Minutemen and Save Our State members end their demonstrations against innocent workers whose only crime is to look for an honest day of work. If at all, day laborers are the victims of injustice, they don’t cause any harm to anyone in the community. Day laborers and their organizations demand a detailed investigation of the incident. We also demand that the City of Rancho Cucamonga establishes a day laborer center for workers and employers to meet and carry out their negotiations in peace and harmony with the community.

To the vigilante groups, day laborers and their organizations send a message of peace and reconciliation. We don’t hate you but we don’t fear you either. End hatred and hostilities now.

As part of the healing process, day laborers, their organizations and allies will join together in an ecumenical service on Tuesday, May 8, 2007 at 11 am to mourn José Fernando Pedraza’s tragic, untimely and unnecessary death. Press is welcome at this service.

A Bank Account is being established for donations for the family of José Pedraza. The account number will be announced tomorrow during the press conference.

José Pedraza Vive!