DURHAM, N.C. -- A group of largely undocumented immigrant workers in the Triangle has successfully pressured a local employer to compensate the workers for unpaid wages. Workers'-rights advocates say the win highlights the state Department of Labor's unwillingness to investigate wage-theft claims involving immigrants, especially when the work was agreed upon by verbal contract.

Andrew Willis Garcés, director of the group Siembra North Carolina, said the workers were hired to clean up construction sites but never received payment. He said the practice is more common than many people think.

"They often feel very intimidated by the employer," he said, "and the employer often says, you know, 'If you complain, if you do anything, I'll call ICE,' which is illegal."

Twenty former employees of the Durham construction cleanup company Homehitters Inc. received more than $13,000 for work they did last February and March.

A 2017 report estimated that more than $300 million in wages are unpaid each year to North Carolina workers. Garcés said cities across the country have begun to indict employers who steal wages. Last year, he said, Colorado and Minnesota passed new laws reclassifying wage theft as a felony, subject to criminal penalties. Garcés said that isn't the case in North Carolina.

"The North Carolina Department of Labor is, compared to other departments of labor, much less willing to sue employers and to go after them, and to really take seriously the complaints filed by immigrant workers," he said.

Despite threats, intimidation and the national climate of hostility toward immigrants, Garcés said, undocumented workers in the state are standing up for their rights.

"I think it's both a story about the courage that immigrant workers have," he said. "That story is not out there very much; we mostly see immigrant workers as being afraid, as opposed to very courageous."

The victory comes two months after a group of Greensboro immigrants working as cleaners successfully won repayment of wages stolen last summer.

The 2017 report is online at epi.org.


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As nationwide deportation efforts continue, new research examined the labor market of a past president to help forecast what could happen if President Donald Trump follows through on his plans.

The Obama administration deported more than 3 million people. Trump said he wants to deport more, to increase jobs for U.S. citizens. A new report from the University of Colorado said U.S. presidents have a long history of blaming immigration for the country's economic troubles, even when research shows the opposite.

Chloe East, associate professor of economics at the University of Colorado in Denver, said mass deportations and raids incite fear and leave vacant jobs U.S. citizens are unlikely to fill.

"We really don't see this substitution between unauthorized immigrants and U.S.-born workers in the way that we're promised we will by politicians," East reported. "In fact, the effect sort of goes even beyond this lack of substitution."

She noted the industries most likely to be affected are construction, agriculture, manufacturing and service jobs, with positions tending to be lower paid, tougher or more dangerous. East argued keeping such jobs filled actually helps to increase U.S. labor opportunities. About 17% of Illinois workers are immigrants, including some 55,000 seasonal farmworkers.

Inconsistencies about who exactly is being targeted by ICE agents raises concerns about racial profiling. A leaked memo shows efforts have pivoted from focusing on people committing crimes to migrant familiesand unaccompanied children with no criminal histories. Migrant workers make up about 20% of the U.S. workforce. East observed it is striking to see history repeating itself.

"Whether we're looking a few decades back or a hundred years back, the results are very consistent and very clear that mass deportations are not the solution to any economic troubles," East explained.

While deportation data since Trump took office has yet to be released, the majority of news releases on the ICE website involve people from Mexico or Latin America. ICE said it will release updated deportation data every quarter.


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President Donald Trump's sweeping mass deportation plan has been scrutinized over the treatment of undocumented immigrants. One criticism has focused on the denial of their due process.

Eliut Ramirez, event coordinator, Indianapolis immigration law firm Gresk & Singleton and Giancarlo said immigrant rights are not acknowledged. The concerns he hears from the Latino community include not knowing what to expect with the nation's new immigration policies. He works to get the word out about the rights immigrants do have.

"Well, some people, unfortunately, don't know that they have certain rights, and a lot of people are afraid that ICE or the police are going to show up to their homes and take their family away if they are undocumented. We're also hearing a lot of people getting pulled over for traffic violations - they have a taillight out, or even if they look suspicious," he explained.

Ramirez said police are eyeing Latino motorists more closely and stop them to ask if they are documented. And he is hearing these incidents are increasing. The Census Bureau reports that Marion County is home to 14% of the state's Latino population.

Giancarlo Sucre. ice president of business development for the International District Community Center, said the facility offers resources and support while fostering collaboration and learning to drive positive change and prosperity on Indianapolis' westside. The center recently hosted an information and immigration rights fair. Sucre wants the public to understand that Latinos should not be grouped into one category.


"And it's a lot of mixed households," he explained. "That's one of the things that sometimes people don't think about. It's not an abstract - there's a lot of undocumented with documented in the same household. So it has a lot of effects on the community as a whole that's been there for many years, not just people recently. It tears families apart - part of them here, part of them there."

Sucre said he is not aware of any instances where ICE has appeared in Indianapolis' predominantly Latino neighborhoods.

As the Trump administration's deportation efforts continue, more people find themselves in immigration court.

Immigration law is complicated, and most immigrants who navigate the court system do so by themselves.

Kelly Garcia, a reporter for Injustice Watch who covers immigration courts in Chicago, said the lack of legal representation and language barriers add to the complexity. Garcia noted almost no one she has encountered in the Chicago court speaks English, yet all the signs and case sheets are in English. Many show up late or miss their hearings because of it.

"If you miss your court hearing, the judge can order your removal," Garcia pointed out. "These barriers have very serious consequences for people - and it's very sad, honestly. It's very sad to witness that."

Garcia noted it is a misconception most immigrants speak Spanish. She has heard many other languages, from Arabic to Creole to Mandarin and said most people do not know they need to request a court interpreter in advance of their hearing or risk having their case delayed. Those who show up late or not at all could be immediately removed from the country.

Research shows those with legal representation fare better in court. But people in immigration court do not have the right to an attorney if they cannot afford one. The burden of proof, to show they were charged incorrectly or request temporary relief through asylum, falls on them.

Groups like the National Immigrant Justice Center and Legal Aid Chicago are on-site to help address some gaps. As the daughter of an immigrant, Garcia emphasized she can relate to the range of emotions she sees in court.

"It just feels very personal to me, because I know how it impacted my mom," Garcia recounted. "I know how hard and difficult that was for her and I also recognize that it's only gotten harder for a lot of people, especially for people who have migrated [from] very dangerous conditions, here."

Garcia added she has seen many people come to the U.S. for reasons beyond their control. She said her time covering the immigration court has prompted her to work on creating an "explainer" story to help answer the many questions she hears from defendants every day.