July 6, 2007 Volume 108 Number 13
Del Monte
raid puts Portland at center of immigration debate
By DON McINTOSH, Associated Editor
A June 12 roundup of 160 illegal immigrants at
a Portland fruit processing facility brought home a national shift
in immigration enforcement. Increased numbers of undocumented workers
are being arrested by Immigration and Customs Enforcement (ICE),
but the companies that violate the law to employ them face little
penalty.
Local unions mostly stayed out of the immigrant
rights protests that followed the raid at Fresh Del Monte Produce,
though Oregon’s top labor official issued a statement, and
the union-backed worker solidarity group Jobs With Justice joined
in several protests. “It’s
wrong that our nation’s immigration laws are more punitive
toward the men and women who are working to support their families
than on the corporations that exploit them,” said Oregon AFL-CIO
President Tom Chamberlain in a press statement. Chamberlain called
for Fresh Del Monte to be brought to justice.
Most
of the arrested Del Monte workers face deportation proceedings,
and 10 were indicted by a federal grand jury June 27 for Social
Security fraud and possessing fraudulent immigration documents.
But Del Monte is not a current target of the investigation. The
company, owned by several Arab investors (its CEO is Mohammad Abu-Ghazaleh)
and incorporated in the Cayman Islands, employed illegal immigrant
workers at its facilities, but did so through its human resources
contractor, American Staffing Resources, Inc.
“Fresh
Del Monte does not employ this labor force,” Del Monte said
in a press statement. The ICE investigators agreed.
The
Teamsters are familiar with such sham arrangements, said Local 206
Secretary-Treasurer Tom Leedham. Local 206 organized the same group
of workers three times at DHL in Eugene and each time DHL hired
a new subcontractor, forcing the union to start a new campaign from
scratch. The National Labor Relations Board was no help, judging
the “employer” to be the staffing agencies, not the
company whose name and logo were on the trucks.
So
while Teamsters are a big presence in food processing, the Del Monte
plant remained nonunion even as workers faced terrible pay and working
conditions — exposed in a May 2 cover story in the Willamette
Week newspaper. Leedham thinks he knows why.
“As
a practical matter, it’s impossible to organize large groups
of undocumented workers,” Leedham said, “because the
companies use fear tactics, like the fear of a raid.”
“It’s
difficult enough for folks with legal status to unionize,”
adds Laborers Union organizer Ben Nelson. “Things like the
Del Monte raid push people more and more into the shadows.”
In
the weeks that followed the raid, Nelson was one of those protesting.
“We
find it reprehensible that working folks are being put in that position,”
Nelson said. “From the top on down, our union has taken the
position that wherever you’re from and however you got here,
we want to help you organize.”
Nelson
said a huge portion of the construction industry, especially laborers,
are now immigrant workers, and the Laborers want to organize them.
That
policy causes quite a bit of tension in local union meetings, Nelson
said.
“Folks
are concerned about the amount of work available, and are bothered
by laws being broken. But we need to unite all working people who
are doing the work,” Nelson said.
“And
we have to look at what’s causing people to travel long distances
to do the work. The union’s fundamental mission is to defend
working people wherever they may be.”
The
Laborers was one of a handful of labor organizations participating
in the debate in Washington, D.C., over a change to the nation’s
immigration laws.
President
Bush and leaders of the U.S. Senate thought they had a winning compromise
— increase border enforcement, crack down on companies that
employ illegal immigrants, start up a new guest worker program and
give illegal immigrants who are now in the United States a way to
legalize after paying fines and returning to their home countries
in some cases.
But
that compromise unraveled June 28 when the bill’s backers
couldn’t get enough votes. Voting for the bill were Oregon
Democrat Ron Wyden and Washington Democrats Maria Cantwell and Patty
Murray. Oregon Republican Sen. Gordon Smith voted against it.
Unions
were calling for comprehensive immigration reform, but most opposed
the compromise bill. At a June 20 press conference, AFL-CIO President
John Sweeney said the bill catered to the interests of employers
at the expense of immigrant and U.S.-born workers.
Ed
Sullivan, president of the AFL-CIO Building and Construction Trades
Department, said the bill’s penalties on employers who violate
the law were too weak, and the guest worker provisions would help
employers drive down wages and benefits in the construction industry.
Sweeney
and Sullivan were joined at the press conference by Joseph Hansen,
president of the United Food and Commercial Workers, which is a
member of the Change to Win labor federation. UFCW also opposed
the bill, as did the Laborers, also part of Change to Win.
“Undocumented
workers who have established themselves should be able to earn legal
status and citizenship if they work, pay taxes, learn English, undergo
background checks and pay a fine,” said Laborers President
Terence O’Sullivan in a letter to senators. The compromise
bill did that, but also required some immigrants to return to their
home countries before applying for permanent residency status. That
and other provisions made the bill too onerous to be effective,
O’Sullivan said.
Alone
among the national unions — the Service Employees and United
Farm Workers backed the bill, saying it was an imperfect solution,
but that the status quo is worse. Those two unions, along with UNITE
HERE, which represents hotel, restaurant, laundry and textile workers,
belong to the Coalition for Comprehensive Immigration Reform, which
supports the idea of a guest worker program as long as the workers
don’t have substandard rights while they’re in the United
States.
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