DENVER - Farmworkers frequently are forced into the role of identity thieves in order to get a job, according to a new University of Colorado Denver report.

The research showed that many agribusiness companies routinely give migrant workers who can't legally work in the United States valid documentation that belongs to someone else to mask their identity from authorities. Report author Sarah Horton, an associate professor at CU, said the practice is so common that farmworkers have a term for it: trabajando fantasma, or "ghost worker." She said the practice also helps companies hide the use of child labor and suppress workers' compensation claims.

"When they worked as 'ghosts,' they were terrified of being discovered and being charged with identity theft," she said. "So, most ghost workers said that if they were injured, they would never report the injury."

To avoid paying overtime, she said, some bosses make employees work under a different identity on certain days of the week. Horton found that friends and family members of supervisors hand over valid documents to get kickbacks and boost their reported Social Security earnings.

In California, where Horton conducted more than 10 years of research, children younger than 18 can't legally work more than eight hours a day or 48 hours a week. But during harvest season, she found young workers routinely putting in up to 70 hours a week. To get around child labor laws, she said, bosses often require minors to work under adult documents.

"Some employers do mask the identities of underage workers to hide their hire from state and federal authorities," she said. "So, they intentionally provide minors with the valid documents."

A federal appeals court recently ruled that law enforcement can continue to prosecute undocumented immigrants for working with forged, loaned or stolen documents. Horton said she's hopeful the research will give judges more information about the role the employers play in the practice.

The report is online at onlinelibrary.wiley.com.


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RALEIGH, N.C. -- Faith leaders are urging tobacco companies to support migrant workers employed by their contract farms.

A group of clergy will meet next week with representatives from the R.J. Reynolds Tobacco Company about North Carolina farmworkers' right to organize for better wages and working conditions without retaliation.

Julie Taylor, executive director of the Raleigh-based National Farm Worker Ministry, said advocates want British American Tobacco, R.J. Reynolds parent company, to negotiate a memorandum of understanding which would guarantee freedom of association without retaliation and ban contract growers and H2A farm labor contractors from retaliating against farmworkers.

"If they wanted to sign union cards, if they wanted to advocate for higher wages, if they wanted to organize for better living or working conditions," Taylor outlined.

In a statement responding to a letter written by faith leaders earlier this year, R.J. Reynolds said employers must not retaliate against workers for exercising their rights and appreciates the upcoming meeting as a chance to describe its supply-chain responsibility program.

Baldemar Velasquez, president of the Farm Labor Organizing Committee for the AFL-CIO, which represents migrant farmworkers in the Midwest and South, including more than 6,000 workers in North Carolina, explained migrant workers have little recourse because they have been left out of federal labor laws.

He added current North Carolina law makes it illegal for farmers to deduct voluntary union dues from their paychecks, and also prohibits workers from reaching a legal settlement as part of a union agreement.

"Based on the historic abuse, exploitation of agricultural workers in North Carolina, excluded from major labor laws that would protect them and give them the right to speak for themselves," Velasquez asserted.

He added the abuses faced by tobacco farmworkers are well-documented, including inadequate housing, pesticide and nicotine poisoning, wage theft and long work hours without breaks in extreme temperatures.

ST. PAUL, Minn. -- Refugee advocates are cheering a decision by an immigration judge to terminate deportation orders for a Minnesota man, who had sought to clear a criminal conviction from his youth.

His supporters hope it renews interest in changing some key policies.

Ge Vang, a Permanent Legal Resident, came to the U.S. with his family from Southeast Asia as a young child. As a teen, Vang had an encounter with the law and took a plea deal, not knowing the ramifications tied to federal law changes.

Jenny Srey, senior manager for civic power for the Coalition of Asian-American Leaders (CAAL), said like so many other refugees, he became a productive member of his community, but eventually faced the risk of being separated from his wife and kids.

"Families are tagged with a label and not really looked at holistically or seen as how valuable they are in the community," Srey asserted.

After he was flagged for deportation, Vang's conviction eventually was vacated, with the backing of the Ramsey County attorney, through a post-conviction relief petition.

In the next legislative session, the group CAAL hopes Minnesota lawmakers reconsider a bill to expand the scope of the law, allowing people to seek a review of their conviction. The bill has bi-partisan support, but has been mired in a legislative logjam.

Srey contended it is important to add a new circumstance under the law, one centered around people facing deportation who felt their conviction stemmed from substandard legal advice.

She noted many individuals caught up in the system speak little to no English, and have to plead their case while their family is left in turmoil.

"Sometimes people have lost their jobs because they haven't been able to get the proper documentation in time because it takes a long time," Srey explained.

Supporters of the law change say deporting someone such as Vang to the country they were born in creates even more personal challenges because many of these refugees are long accustomed to life in America. They argued these individuals have little recollection of life in their native country, and would have trouble adapting, in addition to being separated from their family.

NASHVILLE, Tenn. -- The deadline for public comments on proposed rule changes to the Deferred Action for Childhood Arrivals program (DACA) is Nov. 29.

Advocates say it is important for students, employers and communities affected by the policy designed to protect immigrants brought to the U.S. as children, to submit their input.

Jazmin Ramirez, Latinx community organizer, Tennessee Immigrant and Refugee Rights Coalition, pointed out among the changes proposed by the Biden administration, individuals could apply for deferred action or employment authorization separately, which would reduce the cost of the application process.

"People can apply for a work permit if they want to, but they don't have to do it," Ramirez explained.

Comments must be submitted online through a federal portal.

The move follows a decision earlier this year by a federal court in Texas, which ruled DACA was unlawful.

Ramirez noted while the federal government has appealed the court ruling, the proposed changes are an attempt to square it with existing legislation. She also emphasized while new applications are no longer being accepted, DACA renewals still are being processed.

The new rule would clarify deferred action granted under DACA would make a person, quote, "lawfully present" but would not authorize them to stay in the U.S. indefinitely.

Ramirez added although advocacy groups welcome the proposed changes, she believes they are only a stopgap solution.

"The only way that we are going to get a permanent solution, without the fear or the constant battling back and forth in courts that the program will end, will be through a pathway to citizenship," Ramirez contended.

Over the past decade, more than 835,000 individuals who arrived in the U.S. as children have been granted DACA status. A 2020 poll found more than 70% of Americans support giving DACA recipients a pathway to citizenship.