About 40 business managers, organizers and activists from building trades and other unions gathered Feb. 15 at the IUPAT District Council 82 union hall for the conference, planned by Hispanos Organizing Latino America (HOLA) as a means of introducing itself and its mission to the Twin Cities labor community.
The level of fear that exists in the Latino community became clear early in the conference, when representatives of the U.S. Department of Labor\'s Wage and Hour Division answered organizers\' questions. Most were a variation on the same theme: If an employer violates immigrant workers\' rights, can they take action without fear of a raid by Immigration and Customs Enforcement?
The answer, unequivocally, was yes.
"There is a provision in our law that prohibits discrimination against an employee that files a complaint," said Terri Walls, assistant district director of the department\'s Wage and Hour Division. "The laws we enforce apply to all employees regardless of their immigration status. We want (workers) to know we are not going to ask about their immigration status."
But when a union organizer comes calling, immigrant workers are not always quick to believe that message.
"The question always comes, ‘What can you do to protect me? I\'m an undocumented worker,\'" said Uriel Perez Espinoza, vice president of UNITE HERE Local 17.
That is hardly surprising, given the current political climate. And no one is anxious to take on U.S. immigration law, according to Anna Gomez, an attorney with Southern Minnesota Regional Legal Services.
Gomez, who also addressed the HOLA conference, said undocumented residents who apply for citizenship almost certainly will be deported, regardless of their family or employment status. Depending on how long they had been in the U.S. illegally, it could be 10 years or more before they are allowed to reenter the country.
An application for exemption, meanwhile, is subject to the whim of the immigration official who hears it.
"In immigration, everything is, ‘It depends,\'" Gomez said. "It\'s arbitrary. Nothing is cut and dry."
Oftentimes, to an undocumented resident, the benefits of remaining undocumented far outweigh the potential pitfalls of applying for legal residence – a costly and slow-moving process.
"It\'s very easy to criticize workers because they don\'t have their papers, but you don\'t see the other side," said Pamela Riley of Operating Engineers Local 49.
Riley was one of a handful of local union leaders who came to the conference hoping to develop strategies for easing immigrant workers\' fears when it comes to organizing.
Any such strategy must include trust building, said Deputy Hennepin County Attorney Pat Diamond, who sat on a panel of government officials with city council members from St. Paul and Minneapolis. Diamond\'s office has made a concerted effort to reach out to immigrant populations in recent years.
"I want to build my credibility every day, and every day it\'s on the line," he said. "You have to step back and say, ‘What am I not seeing? What assumptions am I making?\'"
After the political panel spoke, five men with experience organizing Latin American workers took the stage. They compared memorable organizing experiences, successes and failures, hoping to provide positive and negative examples for people like Riley.
"The biggest barrier to organizing today is the same as it was in 1979," said Humberto Gomez of the Laborers, who did organizing work with Cesar Chavez. "It\'s still the divide-and-conquer attitude that we allow the employers to put in our minds."
The panelists agreed that overcoming that mindset – and the fear it creates – will require solidarity.
"I don\'t organize Latino workers; I organize workers," said Greg Raffery, a panelist with experience organizing poultry and construction workers. "It\'s exploitation fighting, making workers see their common interests."
Reprinted from The Union Advocate, the official newspaper of the St. Paul Trades and Labor Assembly. Used by permission. E-mail The Advocate at: advocate@stpaulunions.org
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About 40 business managers, organizers and activists from building trades and other unions gathered Feb. 15 at the IUPAT District Council 82 union hall for the conference, planned by Hispanos Organizing Latino America (HOLA) as a means of introducing itself and its mission to the Twin Cities labor community.
The level of fear that exists in the Latino community became clear early in the conference, when representatives of the U.S. Department of Labor\’s Wage and Hour Division answered organizers\’ questions. Most were a variation on the same theme: If an employer violates immigrant workers\’ rights, can they take action without fear of a raid by Immigration and Customs Enforcement?
The answer, unequivocally, was yes.
"There is a provision in our law that prohibits discrimination against an employee that files a complaint," said Terri Walls, assistant district director of the department\’s Wage and Hour Division. "The laws we enforce apply to all employees regardless of their immigration status. We want (workers) to know we are not going to ask about their immigration status."
But when a union organizer comes calling, immigrant workers are not always quick to believe that message.
"The question always comes, ‘What can you do to protect me? I\’m an undocumented worker,\’" said Uriel Perez Espinoza, vice president of UNITE HERE Local 17.
That is hardly surprising, given the current political climate. And no one is anxious to take on U.S. immigration law, according to Anna Gomez, an attorney with Southern Minnesota Regional Legal Services.
Gomez, who also addressed the HOLA conference, said undocumented residents who apply for citizenship almost certainly will be deported, regardless of their family or employment status. Depending on how long they had been in the U.S. illegally, it could be 10 years or more before they are allowed to reenter the country.
An application for exemption, meanwhile, is subject to the whim of the immigration official who hears it.
"In immigration, everything is, ‘It depends,\’" Gomez said. "It\’s arbitrary. Nothing is cut and dry."
Oftentimes, to an undocumented resident, the benefits of remaining undocumented far outweigh the potential pitfalls of applying for legal residence – a costly and slow-moving process.
"It\’s very easy to criticize workers because they don\’t have their papers, but you don\’t see the other side," said Pamela Riley of Operating Engineers Local 49.
Riley was one of a handful of local union leaders who came to the conference hoping to develop strategies for easing immigrant workers\’ fears when it comes to organizing.
Any such strategy must include trust building, said Deputy Hennepin County Attorney Pat Diamond, who sat on a panel of government officials with city council members from St. Paul and Minneapolis. Diamond\’s office has made a concerted effort to reach out to immigrant populations in recent years.
"I want to build my credibility every day, and every day it\’s on the line," he said. "You have to step back and say, ‘What am I not seeing? What assumptions am I making?\’"
After the political panel spoke, five men with experience organizing Latin American workers took the stage. They compared memorable organizing experiences, successes and failures, hoping to provide positive and negative examples for people like Riley.
"The biggest barrier to organizing today is the same as it was in 1979," said Humberto Gomez of the Laborers, who did organizing work with Cesar Chavez. "It\’s still the divide-and-conquer attitude that we allow the employers to put in our minds."
The panelists agreed that overcoming that mindset – and the fear it creates – will require solidarity.
"I don\’t organize Latino workers; I organize workers," said Greg Raffery, a panelist with experience organizing poultry and construction workers. "It\’s exploitation fighting, making workers see their common interests."
Reprinted from The Union Advocate, the official newspaper of the St. Paul Trades and Labor Assembly. Used by permission. E-mail The Advocate at: advocate@stpaulunions.org