NEW YORK -- Undocumented New York farm workers may be risking their lives and livelihoods during the COVID pandemic, but they get few federal or state protections.
On April 8, an undocumented immigrant from Guatemala became the first New York farm worker known to die from COVID-19. Emma Kreyche, director of advocacy, outreach and education for the Worker Justice Center of New York, said that although farm laborers are recognized as essential workers, because they are undocumented they have little job security, often live in group settings in rural areas with limited access to health care -- and when they do get sick, they are fearful of seeking medical care.
"The COVID pandemic is really underscoring and highlighting the various systems failures that have played upon this community for many, many years," she said.
While the agricultural industry is getting billions of dollars in federal grants and loans under the stimulus bills, she said, no rules have been created to protect the health of farm workers.
In January, New York's Farm Laborers' Fair Labor Practices Act went into effect, extending some basic labor rights to farm workers in the state. However, Kreyche noted, the law contains few, if any, protections for farm workers' health or safety.
"We still don't have any clear directives from the state about how employers should be handling issues around isolating workers, ensuring there is a setup for quarantine to be maintained," she said.
Prior to the COVID pandemic, she said, farm work already was among the most hazardous occupations.
Efforts are under way to include undocumented workers in the next federal stimulus package. Kreyche said she believes there's little hope that will happen, but added that the state can take steps to help ensure that vulnerable farm workers receive some of the protections given to others, "having enforceable health and safety regulations pertaining to agricultural operations and farm labor camps where workers are housed."
She said it's also imperative that state lawmakers create a source of support for those who cannot apply for or qualify for unemployment insurance.
More information is online at wjcny.org.
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Legal experts and advocates are outraged over the arrest of a Milwaukee judge last week who was charged with helping an undocumented defendant avoid arrest by Immigration and Customs Enforcement.
Federal authorities walked Circuit Court Judge Hannah Dugan out of her Milwaukee courtroom in handcuffs. They said she allowed an undocumented defendant appearing in her courtroom to use a side door exit to avoid ICE agents who were waiting for him. The agents later apprehended him.
Protests have since broken out in response to the arrest and legal experts are calling the charges extreme and unnecessary.
John Gross, clinical associate professor of law at the University of Wisconsin Law School, described it as a photo op for federal prosecutors.
"Federal law enforcement is trying to send some kind of message to let state officials know that they will try to aggressively prosecute anyone who can be viewed as interfering in any way with their agenda," Gross contended.
In a post on X last week, Tom Homan, President Donald Trump's border czar, warned anyone who impedes enforcement efforts or conceals "illegal aliens" will be prosecuted. Dugan is charged with obstruction of proceedings and concealing a person, and faces up to six years in prison and a $350,000 fine.
Ray Dall'Osto, partner at Gimbel, Reilly, Guerin and Brown, has practiced law in Milwaukee since 1977. He said the complaint against Judge Dugan contains misperceptions and factual inaccuracies. It is common practice for lawyers and defendants to use side doors in courtrooms like Dugan's, Dall'Osto explained, which often have full dockets.
What is uncommon and unprecedented, he pointed out, is having six officers from different federal agencies show up unannounced to a state courthouse for one immigration arrest.
"This is part of the Trump administration's gathering and requiring all federal law enforcement, no matter what, whether it's alcohol, tobacco, and firearms or DEA or FBI, to basically become immigrant catchers," Dall'Osto asserted. "Unfortunately, that's taking them away from the real crimes."
He argued Dugan is being targeted as part of a larger agenda the Trump administration has against judges. Removing her from the bench in the interim, he added, places a significant burden on an already taxed judicial system in Milwaukee.
"Again, this is highly atypical when you have offenses of this nature, particularly of someone who is not a flight risk, who is a known upstanding citizen and a lawyer and a judge, to do that, that's outrageous and totally unnecessary."
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On May 1, Oregon labor and immigrants' rights organizations are gathering in Salem calling for justice for immigrant workers and an end to mass deportations.
Immigrants make up nearly a third of Oregon's agricultural workforce, and 20% of manufacturing jobs.
Reyna Lopez, executive director of PCUN, Oregon's farmworker union, said the Trump Administration's attempts at mass deportations have shaken her community to its core, while inspiring people across the state to act.
"Immigrant Oregonians are our neighbors," Lopez pointed out. "They're our co-workers, our classmates, our friends, and people who have helped build our state for generations. May Day is about showing that we belong here."
Advocates said supporting immigrants is also important for the state financially. New data show Oregon's immigrant families contributed nearly $2 billion to Social Security and more than $500 million to Medicare in 2023.
Lopez noted this May Day in Salem, participants will urge lawmakers to pass legislation that would uplift immigrant families. She highlighted the Food for All Oregonians bill, which would extend food benefits to all Oregon children, regardless of their immigration status.
"Passing Food for All Oregonians is a part of the Oregon spirit," Lopez contended. "A part of this value that we stand up for one another and we stand up for what's right."
It is not the first time immigrant communities have been under attack, Lopez added. She remembers the "show me your papers" measures in 2007, a national push to allow local law enforcement to request proof of immigration status from anyone. She recalled those measures led to the largest May Day marches in the history of the immigrant rights movement.
"Just remember that the moment that you start feeling like you can't do anything about it, that's when their tactics start to win," Lopez stressed.
Lopez praised Oregonians for pushing for things like tuition equity for "Dreamers" and allowing all residents to get driver's licenses, regardless of immigration status.
She added May Day in Salem will see a rally, a march and many organizations setting up tables, so it is a perfect place for new people to get involved.
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Hundreds of international college students in Texas are fighting to stay in the country after their visas were revoked and their legal status changed by the federal government.
The Trump administration said the moves are part of its efforts to remove international students who have participated in pro-Palestinian protests or who have criminal offenses.
Kelly Cobb, partner and business immigration attorney in the Jackson Walker Law Firm in Houston, said many of the students targeted do not fit into either category. She explained students are being advised to file temporary restraining orders against ICE.
"Normally there would be some due process, they would understand why this is happening," Cobb pointed out. "For many of the students, they don't know why this is happening. This has been really unprecedented, unexpected and really fast."
Texas has more than 80,000 international students who contribute about $2 billion to the state's economy. Cobb added international students do not receive financial aid or grants and without their tuition and fees universities would suffer.
Information about international students is maintained in the Student and Exchange Visitor Information System. Cobb noted universities are usually the ones making changes to a student's status but now they are coming from outside the college system.
"The federal government is going in there and basically revoking status," Cobb stressed. "There are questions as to 'why are you picking certain people?' We've heard about individuals being picked up off the street or taken from their homes. It's like 'Hey your status has been canceled here.'"
She pointed out many attorneys are taking on pro bono cases to help students complete their studies and added everyone benefits from the student exchange programs.
"We're getting the best and the brightest in a lot of fields and I think that has helped the United States remain leaders in innovation in medicine and technology," Cobb contended. "We collaborate with different entities all over the world based upon these foreign students, so it all is very collaborative."
Support for this reporting was provided by Lumina Foundation.
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