Even during these economic times, America continues to shine as the beacon of opportunity for many around the world. It is no surprise that immigrants have come to this country in order to open new doors for themselves and their families. But Asian Pacific American workers, along with all immigrant workers, arrive here not only to improve their own lives; they are also part of the backbone of the American workforce. Within the South Asian community, immigrant workers – ranging from computer engineers to taxicab drivers to nurses to domestic workers and so much more – contribute to economic fabric of the United States. Yet, current immigration law presents numerous challenges for these workers. In order to be truly just and humane, immigration reform must include robust and enforceable worker protections as a piece of the puzzle towards fixing our broken immigration system.
Below are a few examples from the South Asian community that reveal the real impact that immigration law have on the lives of immigrant workers.
The Signal Corporation, an oil-drilling company on the U.S. Gulf Coast, brought 300 Indian nationals on temporary H-2B work visas from Dubai and Saudi Arabia to Mississippi and Texas to work as pipefitters and welders. After being told by the recruiter, Global Resources, to pay as much as $20,000 - life savings for some - for their visas, they were promised refunds, wages, and green cards once they arrived. However, once they got to the U.S., their wages were drastically cut, they had to pay daily labor camp fees, and they were forced to stay in overcrowded windowless trailers that lacked sufficient facilities. The workers in Mississippi began organizing to get their money back and protest their working conditions - but once discovered, the company began to retaliate against them. The company started terminating their jobs and sending them back to India. Armed security guards at the company even raided the barracks, imprisoned the fired workers in a room, and threatened them with deportation. (New Orleans Workers’ Center for Racial Justice)
Such an egregious case of degradation, exploitation, and virtual slavery should not be happening in this country. Yet, the current H-2B visa program, for temporary non-agricultural workers, is structured in a way that permits abuses like these to occur. Under the H-2B program, workers are forced to lose their immigration status if they leave or change their employer. As a result, many exploited workers are left with little choice but to remain in abusive work environments. In addition, exploitation often occurs undetected due to the lack of labor law enforcement over this visa program. Further exacerbating the situation are high fees that recruiters, contractors, and employers charge in order for workers to gain access to these jobs.
Rokeya is a Bangladeshi domestic worker who was employed by the family of a businessman in the U.S. The family abused her and put her under many arbitrary restrictions, claiming that she would be arrested if she left the house without proof of her legal status. She did not have any such proof because, upon her arrival in the country, her employer her passport. During her employment, she left her employer’s premises only once or twice to accompany a family member to the grocery store. The family made her cover her head and ordered her not to speak to anyone, threatening to have her deported if she did. (Human Rights Watch)
This is the situation for many South Asian women who enter the U.S. on temporary visas and are employed as domestic workers for diplomats and international government entities. Numerous cases have revealed that South Asian domestic workers endure harsh conditions amounting to force, fraud, and coercion, including confinement, assaults, and lack of pay. Yet many are hesitant to seek recourse because their ability to stay legally in the United States hinges upon their relationship with their employer and are often threatened with deportation.
Vikhas, a software expert from India, is in the US on an H-1B visa for skilled workers. However, under the conditions of his current visa, Vikhas cannot accept a promotion or start a business which could hire U.S. citizen workers. He fears being laid off by his employer, which could result in his deportation. He has applied for his green card which, if granted, would allow him to pursue more job opportunities. However, this process can take up several years, and until then, he must endure the restrictions of his current visa. (USA Today)
The H-1B visa program is heavily used by South Asians, and other Asian immigrants, coming to the United States. Yet numerous challenges exist for this category of workers. Severe visa caps make it difficult for such workers to come to this country and contribute to its innovation. These workers, as Vikhas’ story illustrates, makes it nearly impossible for them to change employers and advance in their professional careers – which could help to provide greater opportunities for U.S. citizen workers – due to limitations on the portability of their visas.
Although the stories of the Signal guestworkers, Rokeya, and Vikhas can be seen as separate and the challenges affect their lives in different ways, there is a common thread that runs through the solutions: the urgency of greater oversight to prevent workplace exploitation; the ability to change jobs when opportunities arise or to escape abuse; and the need for grace periods for those who face risking their immigration status once they lose their jobs.
Sadly, these types of stories can be heard time and time again from across the Asian Pacific American and immigrant community and underscore the need for strong worker protections in immigration reform. As the momentum around immigration reform progresses in the coming months, it is crucial that these issues be addressed. Our communities have long been part of the American workforce – and the right to be treated fairly is not too much to ask.
The National Asian American Pacific Islander week of action from Jan. 12-20 is a collaborative effort among national, state and local AAPI organizations and allies to demonstrate the collective power and voice of Asian Americans and Pacific Islanders in the comprehensive immigration reform debate. Coordinated outreach and events across the nation will engage community members in the broader Reform Immigration FOR America campaign and show Congress that the AAPI community is serious about demanding reform this year.
Priya Murthy is the Policy Director for South Asian Americans Leading Together (SAALT), a national non-profit organization whose mission is to promote the full and equal civic and political participation of South Asians in the United States. To learn more about SAALT, visit www.saalt.org.
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