Every year, about 121,000 people legally enter the United States to work with H-2 visas, a program legislators are touting as part of future immigration reform. But Rep. Charles Rangel (D-N.Y.) called this guest worker program "the closest thing I've ever seen to slavery."
The Southern Poverty Law Center likened it to "modern day indentured servitude." They interviewed thousands of guest workers and reviewed legal cases for a report released in March 2007, in which authors Mary Bauer and Sarah Reynolds wrote, "Unlike US citizens, guest workers do not enjoy the most fundamental protection of a competitive labor market the ability to change jobs if they are mistreated. Instead, they are bound to the employers who 'import' them. If guest workers complain about abuses, they face deportation, blacklisting, or other retaliation."
When visas expire, workers must leave the country, hardly making this the path to permanent citizenship legislators are looking for. The H-2 program mimics the controversial bracero program, established through a joint agreement between Mexico and the United States in 1942 that brought 4.5 million workers over the border during the 22 years it was in effect.
Many legal protections were written into the program, but in most cases they existed only on paper in a language unreadable to employees. In 1964 the program was shuttered amid scores of human rights abuses and complaints that it undermined petitions for higher wages from US workers. Soon after, United Farm Workers organized, which César Chávez said would have been impossible if the bracero program still existed.
Years later, it essentially still does. The H-2A program, which accounted for 32,000 agricultural workers in 2005, has many of the same protections and many of the same abuses. Even worse is the H-2B program, used by 89,000 non-agricultural workers annually. Created by the Immigration Reform and Control Act of 1986, none of the safeguards of the H-2A visa are legally required for H-2B workers.
Still, Mexicans are literally lining up for H-2B status, the stark details of which were reported by Felicia Mello in The Nation. Furthermore, thousands of illegal immigrants are employed throughout the country, providing cheap, unprotected labor and further undermining the scant provisions of the laws. Labor contractors who connect immigrants with employers are stuffing their pockets with cash, while the workers return home with very little money.
The Southern Poverty Law Center outlined a list of comprehensive changes needed in the program, concluding, "For too long, our country has benefited from the labor provided by guest workers but has failed to provide a fair system that respects their human rights and upholds the most basic values of our democracy. The time has come for Congress to overhaul our shamefully abusive guest worker system."
Sources: "Close to Slavery," Mary Bauer and Sarah Reynolds, Southern Poverty Law Center, March 2007; "Coming to America," Felicia Mello, The Nation, June 25, 2007; "Trafficking racket," Chidanand Rajghatta, Times of India, March 10, 2008.
8. BUSH CHANGES THE RULES
The Bush administration's Office of Legal Counsel in the Department of Justice has been issuing classified legal opinions about surveillance for years. As a member of the Senate Intelligence Committee, Sen. Sheldon Whitehouse (D-R.I.) had access to the DOJ opinions on presidential power and had three declassified to show how the judicial branch has, in a bizarre and chilling way, assisted President Bush in circumventing its own power.
According to the three memos:
"There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order.