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A major overhaul of U. In addition to these limited exceptions, the law eliminated individuals ability to adjust their status through a U. Most importantly, the law now requires applicants for political asylum to submit their applications within one year of arrival to the U.
State Department's reports that conditions generally have been improving in Central America since the wars of the late s and early s, most applicants will have difficulty in demonstrating the well-founded fear of persecution necessary for asylum.
Despite these largely restrictive changes, some positive developments now provide certain migrant workers an opportunity to obtain legal status. For instance, Congress enacted a special visa the "U" visa for immigrants who are victims of certain crimes, including domestic violence, most violent crimes, and involuntary servitude and peonage, of particular importance as migrant workers are often exploited by employers seeking to avoid payment of wages.
This visa also requires victims to cooperate with law enforcement in the investigation or prosecution of the crime. First, many individuals are detained throughout the removal process. This process usually lasts at least a few months if the person seeks to obtain substantive relief. In addition, unlike in the U. Finally, those who are ordered removed from the country face great peril if they attempt to re-enter. Any person who is ordered removed and unlawfully reenters the country is subject to criminal prosecution that often results in prison sentences ranging from two to twenty years.
They are reluctant to complain about workplace abuses and injuries or to assert their rights to safe housing for fear of drawing attention to themselves.
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While civil courts, most Washington State agencies, and even many federal agencies do not participate in immigration enforcement, most indigenous immigrants do not understand the complex relationships between governmental entities, and are justifiably afraid of the severe consequences of immigration enforcement. Wage-and-Hour Issues A frequent legal complaint among indigenous immigrants is their employers' failure to pay wages owed.
Two large coverage gaps in wage-and-hour protections also affect many indigenous workers. First, agricultural workers are largely exempt from the right to collect overtime pay. For workers injured on the job, this insurance program pays for necessary medical treatment, a portion of wages lost while the worker recovers, and benefits in cases of permanent disability or death.
A worker can appeal a decision of the Department by filing an appeal within 60 days of the decision. It is unlawful to discharge or otherwise discriminate against any employee for filing a claim for compensation or exercising any other rights under the workers' compensation law.
Housing Issues Most indigenous transnational migrants must rent low-cost shelter when they arrive in the United States. Agricultural workers who receive seasonal housing as part of their employment are not afforded the remedies of the RLTA, but their living conditions are prescribed by federal and state standards for construction, water supply, sewage disposal, bathing facilities, cooking facilities, etc.
When indigenous immigrants decide to stay in Washington, many wish to purchase a home. For most agricultural workers, the only financially viable option is a used manufactured home in a manufactured home park. It is rare for these homes to appreciate in value, and they are often costly. Indigenous immigrants must often pay maintenance charges on old homes, a monthly home payment, and a monthly rent payment for the lot on which their home sits.
Manufactured homes are very costly to move. Consequently, if the homeowner is ordered to move the home, he or she must pay thousands of dollars to dispose of it. Manufactured homes are considered chattel rather than real estate, and they can be bought and sold like automobiles.
For example, we have seen cases of people selling homes for many times their value, "selling" homes that they did not own, and selling homes that were unfit for human habitation. Indigenous immigrants are easy victims because they usually lack the knowledge to investigate the home's legality and value or are unaccustomed to asking for written purchase and sale contracts, which provide important protections if the deal sours.
Access to Health Care A vast majority of adult indigenous immigrants in Washington State lack health insurance, meaning that they have great difficulty paying for medical care. Many indigenous people rely on local hospitals and clinics for care. Federal law requires hospitals to treat all people with emergency medical conditions, regardless of whether they have medical insurance. Most hospitals and community clinics, however, require proof of income before financially assisting patients.
Because many indigenous workers earn money in cash, they face difficulties in completing required paperwork. Though most hospitals and clinics will accept personal declarations of income, indigenous patients often lack the knowledge and linguistic capacity to inquire into this possibility.
Language Access Failure to provide interpreters or other services in a language that allows indigenous persons to access federally funded services may constitute national origin discrimination under Title VI of the federal Civil Rights Act of Federal guidance requires that agencies consider four factors in deciding what "reasonable steps" they must take to ensure meaningful access to services for limited English proficient hereinafter "LEP" persons: Lack of language access can also affect indigenous immigrants' access to quality health care.
Washington State law specifically requires that courts appoint certified or qualified interpreters to LEP persons in legal proceedings. Case Studies The foregoing discussion of common barriers and legal problems faced by indigenous immigrant workers in Washington is based on knowledge gathered during years of working with members of these indigenous communities.
While it is possible to analyze each barrier and legal problem discretely and in the abstract, in reality these obstacles occur simultaneously and influence one another. The true stories that follow of indigenous immigrants in Washington present a more accurate picture of the difficulties many face. We begin with a tragic Van accident in that resulted in the deaths of five Mam workers from Todos Santos, Guatemala.
Five of the workers died and three more suffered life-threatening injuries, including one who was hospitalized for nearly a year and experienced permanent cognitive damage. Hundreds turned out to grieve their deaths when their bodies were returned to Todos Santos. Overcoming Fears and Suspicions and Developing Trust The first challenge in representing the injured Mam workers and survivors of the workers who died in this accident was to overcome their fear of authorities and suspicion of outsiders.
This required a number of meetings with the Mam workers and family members using bilingual Mam-Spanish interpreters, as well as a trip to Todos Santos to meet with family members. Because the need for legal representation was so great, the Mam overcame their general desire to remain invisible and agreed to work with lawyers to bring claims on their behalf.
Fitting Claims within Workers' Compensation Framework The next challenge was to frame the claims of the Mam workers and their families in a way that fit within the framework of Washington workers' compensation law.
As noted in the legal summary, Washington workers' compensation law covers Washington employees who are injured at work. In order for a Washington worker to be covered by the workers' compensation law, however, the worker must be an "employee," as opposed to an "independent contractor.
The brush sheds have consistently argued that the Mam workers are independent contractors, not employees, and, therefore, brush sheds are not required to comply with workers' compensation laws, pay minimum wage, or comply with worker safety laws.
However, information gathered from brush pickers indicates that in many cases, the true economic relationship between them and the brush sheds is an employee-employer relationship. In most cases, the workers pick the brush that the brush sheds specify, in locations the brush sheds direct, using permits obtained from the brush sheds, and the workers return at the end of each day to sell the brush they have picked to the same brush sheds that provided the permits. The Department of Labor and Industries conducted audits confirming these facts and found that "[m]any of the audits have shown that the brush pickers are employees of the packing sheds.
Nor, to date, has a Washington court been presented with these facts establishing the economic reality that brush workers in Washington are employees of the brush sheds or that they are entitled to the legal protections afforded to employees.
Under existing legal standards and the limited facts in that case, it might have been difficult to hold any one of the brush sheds responsible as the employer for workers' compensation purposes. This was supported by a notebook found in the van after the accident showing that each of the other Mam workers paid the driver a fraction of what they received from the brush sheds as well as gas money. Treating the driver as the employer and the passengers as his employees did not require the brush sheds to accept responsibility as the workers' employers, but was a viable way under the unusual facts of that case to convince the Department to accept the workers' and their families' claims.
Establishing Workers' Earnings from Brush Picking Work The next challenge was to demonstrate the earnings of the Mam workers from their brush picking work. The Department was willing, in principle, to compensate the Mam workers and their families for the wages lost as a result of the deaths and injuries caused by the accident, but it required evidence of the amount of the lost wages.
Because these Mam workers labor in a hidden, "black market" economy, it could have been extremely difficult to quantify these lost earnings. The brush sheds do not keep permanent records of the amounts they pay to individual workers, and the workers themselves often have limited records of their earnings. Fortunately, during the course of its investigation, the Department interviewed numerous Mam workers in the brush picking industry, and gathered information regarding the workers' daily, weekly, and monthly earnings.
Seeking Spousal Benefits Based on Customary Marriages The last major legal effort was to obtain spousal survivor's benefits for the Mam women whose partners died in the van accident, based on their Maya customary marriages. The couples were never legally married in church or in civil ceremonies, but had lived together for many years, committed their lives to each other, raised and cared for their children together, and held themselves out to the community in Todos Santos as married couples.
The Department also found that the Mam women met all the requirements for demonstrating a customary marriage under Guatemalan law. Compliance was impossible because the husbands had died in the van accident. As a result, the children of the deceased Mam workers are receiving monthly survivor's payments and will receive the payments until they each turn 18but the wives did not receive additional spousal benefits. Lessons from the Van Accident Case Involving Mam Workers This case provides a window into the difficult lives and dangerous work of the hundreds of Mam workers who have migrated to Washington from Todos Santos.
As the successful representation of the Mam workers in this case illustrates, when circumstances are sufficiently extreme and the need for legal representation compelling, it is possible to overcome language barriers, suspicion of outsiders, distrust of authority, fear of deportation, as well as every other barrier that often prevents the effective representation of indigenous workers.
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At this time, the biggest challenge for Mam workers and their advocates in dealing with the brush industry is to find some way to hold the brush sheds responsible for providing basic worker protections and fairer pay to these workers, on whom the entire brush industry depends. The brush sheds' businesses have been structured to make these Mam brush picking workers appear to be independent contractors, even though the economic reality is that the workers are working as employees for the brush sheds.
As employees, for example, they would be entitled to workers' compensation, minimum wage, and protection under the worker safety laws that cover other Washington employees. On the other hand, as employees, they would also have to provide work authorization permits to the brush sheds in order to work in the U.
Generally speaking, workers' compensation cases on behalf of Mam workers and their families provide hope. As a result of these cases, eight Mam children from Todos Santos whose fathers died in the van accident now receive monthly checks from the Department, and they will continue receiving these payments until they each reach the age of 18 or 21 if they remain in school. As a result of our work on these cases and our continuing outreach to the community, we have developed an increasing level of trust with the Mam community in Washington which should help in future advocacy on their behalf on issues relating to housing rights, healthcare access, language assistance, and the like.
In fact, the trend in Othello among Mixtecos is to arrive and immediately begin renting small, run-down apartments in several locations.
When they have decided to purchase a mobile home, many Mixtecos prefer to live in Othello Fields because many from their community already live there.
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In spite of familiar neighbors, however, Othello Fields is not an easy place to live. Absentee owners have delegated park management authority to two managers who are often unavailable, unhelpful, and abusive to park residents. Both were in the process of building larger entryways, and one was building an additional room off the entryway.
Both cousins had invested substantial money in improvements, and their families had put in many hours of labor. Unfortunately, the cousins were not familiar with state and county regulations regarding manufactured homes. One day the county inspector notified the cousins that the structures were illegal and needed to be removed. The cousins, however, were illiterate and mistakenly believed the notification tag placed on their property was the county's "seal of approval.
Eviction from a manufactured home park can be very costly for homeowners, who must either sell their home or move it to another location assuming this can be found. Illegal additions had the added impact of invalidating the sale until the cousins were able to comply with government regulations.
In short, the cousins were in a difficult situation. At the cousins' request, Columbia intervened and established communications with the park. After extensive negotiations, the latter agreed not to evict the tenants provided they comply with numerous conditions.
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Columbia brought in a county and state inspector to look at the homes and advise the cousins how to proceed. A Mixteco Alto interpreter was hired to facilitate communication. The effort to stop the eviction was painful; the cousins and their families had to face the grim fact that much time and money had been wasted. In addition, they had to invest even more time and money to tear down the construction and dispose of the materials.
In addition, the inspector informed her that it was unsafe for anyone to live in the home since the roof could collapse at any time. In a manufactured home park, each homeowner must provide maintenance up to the point where their homes connect to the park's utilities, e. For instance, the park must maintain common water pipes up to the points where the common system connects to the individual homes.
In this case, a homeowner's electricity stopped working in the dead of winter, when the temperature in eastern Washington often drops well below freezing. With difficulty due to limited Spanish, the homeowner repeatedly asked the managers one of whom speaks Spanish to fix the problem, but they insisted that since it was affecting his house, it was his responsibility.
Finally, the homeowner retained a company to diagnose the situation. The company discovered that the park's electrical hookup, a large, metal box on an electrical pole, had burned out and needed to be replaced. The homeowner paid the company with most of his savings that was set aside to get his family through the winter, which is when most agricultural workers are unemployed.
The homeowner then took the invoices to the managers and asked, in basic Spanish, for them to pay him back for the repair. The managers repeatedly refused the request. The homeowner could not understand their refusal and finally sought help from Columbia, which helped him understand how to represent himself in small claims court.
The client presented his case in small claims court through two interpreters: The park managers defended their positions by arguing they had merely asked the homeowner, on several occasions, to provide verification that the repair was being done to park property. They said the homeowner had never done so and, for this reason, could not reimburse him. The judge quickly determined that the repair was related to park property and ordered the park to pay.
After his day in court, the homeowner was elated; the judge had been fair, and he had won. Easy Money In this final example, the homeowner was late in paying his lot rent around the end of However, the homeowner did not realize he owed a fee and the park managers never informed him of the fact. After extensive negotiations, Columbia helped the homeowner reach an agreement with the park's attorney. The homeowner agreed to punctually pay half the debt along with his next month's rent. In exchange, the park agreed to stop eviction proceedings and erase the homeowner's balance.
The basic reason for this is extreme pressures on this isolated community. Me mandaron los formularios de inmigracion en el cual me piden que deposite ,5 pounds via Western Union unicamente. Me piden que debo empesar a trabajar el 21 de mayo. Me parece todo raro ya que si te adelantan dos meses de sueldo no te pueden pedir pounds para los tramites.
Voy a tratar de contactarme con RRHH del hotel para ver si la oferta es legitima. Espero alguien pueda darme una ayuda. Tan rapido contestan Un domingo!!!! Pero por curiosidad a ti te escribe un tal Tristan KNight?? Un saludo y mucha suerte. Yo voy a denunciar. Susana mayo 19, Ana contacta conmigo cuando puedas. Vivo en Madrid y les he pagado.
Espero que juntos podamos recuperarlo. Y ese es el problema. Y claro, me asaltan las dudas. Asco de ser pobre que no gili.