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[1]Watsonville, California and its surrounding agricultural lands

General Statistics

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California's Immigration Population

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The state of California has more than 10 million immigrants.[2] Of these, 49% are naturalized United States citizens and 27% possess some form of legal status, such as green cards or visas.[2] As of 2015, 27% of the population of California was foreign born, which is about twice as much as the US average. [2] According to the Center for Migration Studies, roughly 25% of California's population is undocumented immigrants.[2] California's immigrant population consists of people from many different countries; a majority are from California's neighboring country, Mexico, and attributes to 4.3 million people.[2] In more recent years, Asia's 53% attribution has surpassed Latin America's 22% as the leading origin of immigrants.[2]

Immigrants in California make up for more than one-third of the work force.[2]About 80% of the immigrants are of working age (age18-64) while 57% of the U.S. born population is of that age.[2] In 2015, 64% of immigrants were in the labor force, compared to 63% of the US-born.[2] However, immigrant workers are more likely to make less than a U.S. born worker and are more likely to live in poverty.[2] Depending on the immigrant's country of origin, California’s immigrants have education levels ranging from extremely low to very high.[2] In 2015, 34% of California’s immigrants had not completed high school while 52% of those from Asia attained a bachelors degree.[2] The increase in immigrant population has been steadily declining from 37% (2.4 million) increase in the 1990s to 15% (1.3 million) increase in the 2000s. This has made a contribution to California's overall population.[2]

California & Agriculture

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California map showing Tulare Country, the largest agriculture county of the country

California is the country's leading agriculture state producing a third of the nation's vegetables and two thirds of the nation's fruits and nuts.[3] As of 2014, California has about 76,400 farms and ranches, producing $53.5 billion in revenue.[4] The top five commodities include milk and cream, almonds (shelled), grapes, cattle & calves, and berries including all strawberries.[4] California's top five exports include almonds, dairy and products, walnuts, wine, and pistachios. It's top agricultural counties are Tulare, Kern, Fresno, Monterey, and Merced County.[4]

According to USDA's census for 2012, 3.2 million farmers operated 2.1 million farms in America.[5] About 30-50% of all farm workers in America live in California and 75% are undocumented.[3] According to the World Bank's International Labour Organization data, 1.6% of the total employment is involved in agriculture and farming. [6] Southern Poverty Law Center estimates that 6 in 10 farm workers in the US are undocumented immigrants.[7]

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Immigration Reform and Control Act of 1986 (Simpson-Mazzoli Act)

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The Simpson-Mazzoli Act was passed and signed into law on November 6, 1986. It's objective was to remedy what was considered a broken immigration system caused by the Immigration and Nationality Act.[8] The bill was broken up into three main parts: employee sanctions, border control, and legalization of undocumented individuals. With the introduction of this bill, it was now illegal to hire employees without properly checking identity and employment eligibility.[9] It was also illegal to hire an individual knowing that they were an illegal immigrant, and undocumented employees were not permitted to continue their work.[9] Border Patrol staffing along the Mexican border was increased by 50%.[9] Additionally, the bill created two groups who were eligible to apply for legalization: [9]

1. Those who had lived continuously in the US since before January 1, 1982 and met other requirements[9]

2. Special Agricultural Workers (SAWs)

This Special Agricultural Workers group was broken up into two groups:

  • Group 1: Must be able to prove that they had performed at least 90 days of labor as a farm worker, in each of the three years from May 1, 1983 to May 1, 1986[10]
  • Group 2: Must be able to prove that they had performed agricultural labor in the US for at least 90 days between May 1, 1985 and May 1, 1986[10]
Mexican American farm worker civil rights activist, Cesar Chavez, who co-founded the National Farm Workers Association

Group 1 individuals were able to gain temporary residency, then be automatically able to adjust his/her status as being legal on December 1, 1989, as long as they could prove that they had not taken part in any action that would make them subject to deportation under existing immigration law.[10] Similarly, Group 2 SAWs could gain lawful permanent residency on December 1, 1990 as long as they did not take part in any action that would deem them as deportable.[10]

Bracero Programs

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Created through an executive order in 1942, the Bracero Programs were the result of a series of agreements between Mexico and the United States that allowed men to work on temporary, primarily agricultural contracts. [11]It was created in response to arguments that World War II would create a dearth of labor for low-paying agricultural jobs.[11] Workers already living in the United States feared that braceros would compete for jobs and lower wages since they were desperate for work and willing to take on arduous jobs at extremely low wages.[11] The effects of this program showed in numbers, for illegal immigration skyrocketed; growers quickly learned to take advantage of the availibility of such workers who had no safeguards or conditions.[12]AFl-CIO President Richard Trumka calls the program exploitative and states, "[Workers] got cheated out of wages they weren't given what was rightfully due to them. They were forced to work under unsafe conditions. They were forced to accept substandard wages. They couldn't say anything, because if they did, [the employer] would jerk their permit and deport them."[13]

Impacts

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Immigration and the Agricultural Workforce

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According to the California Agriculture, more than half of the workers in California farms and agricultural entities are undocumented in status. [14] California's ratio of unauthorized workers to authorized workers is higher than other states in the US. [14] In "Contributions of Immigrant Farmworkers on California Vegetable Production", Stephen Devadoss and Jeff Luckstead underline the magnitude of California's agricultural influence, stating that California is not only a significant supplier of agricultural products of the nation but of the world as well, due to California's suitable climate, access to technologies, and the vital immigrant workforce.[15] Moreover, they concluded that the immigrant workforce has enhanced the state's vegetable and agricultural productions, and that a reduction in this workforce would lead to a direct reduction in agricultural productivity of California, especially during the current farm labor shortage.[15] In their paper, Devadoss and Luckstead also evaluated that an addition of 100 undocumented workers would displace only 1.23 domestic workers, addressing the concern that immigrant farm workers would displace domestic ones.[15] From this, they conclude that productivity loss due to reduction in the immigrant workforce would be much more detrimental to California's economy than the job loss of domestic farm workers due to the existing immigrant workforce.[15]

Trump Administration's Proposals

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People protest the President of the United States, Donald Trump, promises for a border wall between the US and Mexico

The Trump administration has stated that it would be stricter on immigration as one of his campaign promises along with a promise for a border wall separating Mexico and the United States. One of the promises President Trump has made is to end the 'catch-and-release' program.[16] This means undocumented immigrants could be detained or sent back to Mexico immediately, even if they are not from Mexico.[16] This is emphasized by the 'expedited removal' process, in which an undocumented immigrant could be removed before seeing a judge, if they have not lived in the United States for a long enough time. [16]

According to an article by The New York Times, with California's undocumented immigrants as a majority of the workforce in Californian agriculture, the state brings in $35 billion a year and provides more food than any other state in the US. [17] In past years, farming employers in California have been facing a labor shortage due to increasing restrictions on immigration and border policies.[17] The new Donald Trump administration is pushing for a program, called E-verify, which aims to lower or even eliminate the existing illegal immigrant workforce.[17] This is met with growing dissidence from employers in the agricultural industry, whom seek to legalize their laborers, not deport them.[17] If this administration's follows through with all of it's immigration promises, farming employers and insurance agencies that cover undocumented immigrant farm workers expect their businesses to be affected due to the drastic decrease in laborers and clients. [17] While the intent to lower the immigrant workforce is to increase opportunities and job openings for domestics workers, many farm employers have expressed that labor-intensive jobs, even with higher wages, have not been met with domestic workers' interest for a very long time.[15] In a recent UCLA Anderson Forecast, it is reported that the administration's policies would cause a significant reduction in productions of food, particularly meat products, in California.[18] As the administration has not provided specifics on their policies and implementations, the forecast provides no exact quantities and measurements. However, according to the Executive Director of Latinan, a legal non-profit organization who's clients are majority undocumented immigrants, has disclosed an increase in raids by the U.S. Immigration and Customs Enforcement of their clients. [19]

Working Conditions

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Training

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Migrant and Seasonal Agriculture Work and Protection Act

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The Migrant and Seasonal Agriculture Work and Protection Act (AWPA/MSPA) protects migrant and seasonal agricultural workers by establishing employment regulations related to wages, housing, transportation, disclosures, and record-keeping.[20] It is the main federal employment law for farmworkers. These regulations include farm labor contractor registration, employment relationships, disclosure, information and recordkeeping, wages/supplies/working arrangements, health and safety of housing, transportation safety, employer protections, and enforcement.[20] Migrant agricultural workers and seasonal agricultural workers are guaranteed the right to receive a written notice of the terms and conditions at the time of recruitment by the MSPA.[20] If a worker requests such document, he or she has the right to receive it.[20] Employers of migrant and seasonal agricultural workers are required to adhere to these disclosed terms and conditions.[20] Exemptions and exclusions can apply.[20] Migrants and seasonal workers also have the right to file a complaint with the Wage and Hour Division, file a lawsuit under this Act, and testify or cooperate with an investigation or lawsuit in other ways without being "intimated, threatened, restrained, coerced, blacklisted, discharged, or discriminated against in any manner".[20]

Violations of this act can result in civil money penalties, back wage assessments, cancellations of registration certification.[20] The Department of Labor may institute civil or criminal actions against any individual found to be violating this Act.[20] Each violation may result in civil money penalties up to $1,000.[20] First time violators who are criminally convicted may be charged with one year in prison in addition to a $1,000 fine.[20] Those with repeated convictions may be charged with up to three years in prison and fined $10,000.[20] Individuals whose MSPA rights have been violated are allowed to seek civil damages in federal court.[20] MSPA should be supplementary to state or local laws; therefore, compliance with MSPA does not excuse any violations of applicable state laws and regulations.[20]

Agricultural employers have attempted to weaken MSPA protections through Congressional interventions.[21] By arguing that MSPA/AWPA "unfairly singles out agriculture", that enforcement of this law is strict and oppressive, and that the industry competes globally against countries with even fewer worker protection regulations, companies lobby generally through trade associations such as the National Council of Agricultural Employers, the American Farm Bureau Federation, and commodity-based organizations.[21] According to Farmworker Justice, "Legislative proposals have attempted to lower safety requirements for the transportation and housing of farmworkers, weaken enforcement mechanisms, and narrowly define employment relationships so that many growers could not be held responsible as "employers" for labor violations".[21]

Health and Safety

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Most US farm workers have low incomes, no health insurance, and little access to health care, which makes them particularly vulnerable to environmental and health hazards.[22] According to Farmworker Justice, "Substandard housing, inadequate waste and garbage disposal, dietary and environmental exposures to lead, industrial pollution of air and water, and the widespread use of agricultural pesticides are a few examples of environmental hazards that pose serious, preventable health risks to farmworker families."[22] While there is not a large amount of data, available information shows that infant mortality rates are higher and life expectancies are lower compared to the national average.[22] The substandard, crowded housing situations common among farmworkers are associated with respiratory problems, ear infections, diarrhea, and higher likelihoods of lead poisoning.[22]

Crop-duster spraying pesticide in California

In regards to certain exposures to chemicals, pesticides raise concerns that immigrants, being a large part of the workforce, are more likely to face illnesses because of their field of work. Pesticides can be brought into homes, schools, yards, and daycare centers when located close enough to the fields.[22] Farmworker parents can unintentionally bring pesticides into the home on their clothes, shoes, tools, and skin; something as simple as a hug can easily transfer these chemicals from parent to child.[22] In addition, the lack of washing machines in most farmworker homes makes it extremely difficult to wash and clean clothes exposed to pesticides.[22] EPA estimates that 300,000 farm workers suffer from pesticide poisoning each year.[23] However, an accurate count of the number of workers injured each year from pesticides is still unknown because there is no national surveillance system for reporting acute pesticide illness nor is there a surveillance system for tracking chronic illnesses related to pesticide exposure. [24]

Immigrant's working conditions in California, especially in agricultural counties, have reached the concerns of immigration lawyers. For example, Latinan, is a legal non-profit organization who's clients are primarily farm workers from Monterey County, one of the leading agriculture counties in the state. They have reported their clients to share common characteristics of asthma and according to their Executive Director, most cases occurred when their parents worked in the fields. [19]

Exposure to pesticides can cause minor irritations like rashes, skin and eye irritations, headaches, to more serious consequences, like loss of consciousness and even death.[25] 20,000-30,000 workers seek medical assistance for acute toxic poisoning every year.[23] Although it is required by the Worker Protection Standard, a survey by the AFOP indicated that 87% of interviewees never received pesticide safety training.[23]68 field workers have died from heat related illness between 1992 and 2006, which is 20 times that of the rate in the general workforce.[23] A study of acute pesticide poisoning from 1998 to 2005 among agricultural workers in the United States showed that an average of 57.6 out of every 100,000 workers experienced acute pesticide posioning, injury, or illness.[24] This number does not include the number of workers who suffere from chronic health problems such as infertility, cancer, and neurological disease as a consequence of extreme pesticide exposure.[24]There are over 1,000 cases of dehydration among farm workers reported by migrant health clinics each year.[23]California is said to be the deadliest state in the US for Mexican workers, for they are 80% more likely to die on the job than any native worker.[26]

Wage

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Fair Labor Standards Act of US

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According to the Executive Attorney at Latinan, a majority of their undocumented clients are experiencing labor trafficking. [19] In the US, farm workers make about $12,500 to $14,999 a year for individuals and $17,500 to $19,999 for families.[27] Based on survey by National Agricultural Workers Survey, farm workers earn $7.25 on average per hour and work 42 hours per week. [28] This average is misleading as the amount of money a worker is paid can vary depending on how long he/she has worked for the employer.[28] Those that have been with the same employer for 6 or more years earn an average of $8.05 while those who have worked for a year or less make about $6.76 per hour.[28] The federal poverty line is $10,830 for an individual and $22,050 for a family of four as of 2009.[28] Workers are often paid by piece rate, for example, by how many bags or buckets he or she picks while working.[28] Because of this, it is shown that farm workers would be less inclined to take breaks because it will affect their productivity which in turn influences their earnings.[28] It is possible for farm worker to be paid less than the minimum wage, plus, many farm workers do not receive overtime pay, sick time, or maternity leave.[28] For agricultural workers employed on small farms that employ less than seven workers in a calendar quarter, the FLSA does not apply and are therefore unable to benefit from the miniumum wage provisions.[21]

Women's Issues

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About a third of California's farmworkers are women, and they range in age from their teens to their 60s.[26] Compared to men, women face additional work-place issues. Pesticide exposure can increase their chance of infertility, miscarriages, and birth defects in newborns.[29] Sexual harrassment in the work place is also rampant; in a survey of farm worker women in California, over 90% identified sexual harassment as a major problem.[29] Women are forced to endure sexual slurs, touching, grabbing, and sex with supervisors in order to get or keep their job.[29] Because the victims are fearful of being reported to immigration authorities, many of these incidents go unreported.[29] There are also injustices regarding wages. Southern Poverty Law Center reports that employers take advantage of married women to avoid extra payments such as Social Security.[29] By not making individual payments and instead paying a woman illegally on her spouse's paycheck, woman are unable to receive certain benefits and end up earning less than minimum wage.[29] This practice takes away a woman's financial independence and gives the husband an unjust amount of power.[29] It is not uncommon for undocumented female farm workers receive less than minimum wage and have neither health insurance nor sick/vacation days.[29]

Child Labor

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Around 400,000 children work in U.S. fields.[26] Federal labor laws exclude child farm workers from labor regulations that are provided to other working children since 1938.[30] Under this law, children over the age of 12 can legally work in agricultural fields as long as they have parent permission or work with their parents on the same farm.[30] Though other industries have a minimum age restriction of 18 for dangerous jobs, agriculuture's minimum age is 16.[30] The only regulation is that work can not take place between school hours.[30] It has become increasingly common for young children to immigrate to the US by themselves to earn and send money to their families back home.[30] The Department of Labor reports that most migrant teens working in the fields do so without living with other relatives and that a significant proportion of them are foreign born.[30]

Working in agriculture has various debilitating effects on a child's health. The Association of Farmworker Opportunity Programs states, "Adolescents undergo growth spurts, which may decrease flexibility and increase their susceptibility to a variety of musculoskeletal injuries, such as bursitis, tendonitis, sprains, and carpal tunnel syndrome."[30] Additionally, children often handle heavy equipment and tools designed for the strength of an adult with little proper training.[30] In 2002, over 70% of all injuries related to tractors and vehicles in the fields happened when children were operating the equipment.[30] Because their bodies are still developing mentally and physically, children are put at a higher risk by the harsh environmental conditions, one such example being toxic exposures. Pesticides are categorized based on their toxicity, but regulations on toxicity are based on the adult body.[30] In a 1998 report by The National Resource Defense Council, it was stated that children were “disproportionately exposed to pesticides compared with adults due to their greater intake of food, water, and air per unit of body weight.”[30]

See Also

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References

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  1. ^ "File:Watsonville California aerial view.jpg". Wikipedia.
  2. ^ a b c d e f g h i j k l m "Immigrants in California (PPIC Publication)". www.ppic.org. Retrieved 2017-03-12.
  3. ^ a b "Get Informed". Center for Farmworker Families. Retrieved 2017-04-20.
  4. ^ a b c Ross, Karen (2014–2015). "California Agricultural Statistics Review" (PDF). California Agricultural Statistics Review.{{cite journal}}: CS1 maint: date format (link)
  5. ^ "USDA - NASS, Census of Agriculture - Publications - 2012 - Highlights". www.agcensus.usda.gov. Retrieved 2017-03-12.
  6. ^ "Employment in agriculture (% of total employment) | Data". data.worldbank.org. Retrieved 2017-03-12.
  7. ^ "Farm Workers & Immigration -". National Farm Worker Ministry. Retrieved 2017-03-12.
  8. ^ "U.S. Immigration Legislation: 1986 Immigration Reform and Control Act (Simpson-Mazzoli Act)". library.uwb.edu. Retrieved 2017-03-12.
  9. ^ a b c d e Brannon, Jody. "The Immigration Reform and Control Act: What It Is, Why It Matters | Latinos and Hispanics in America". asu.news21.com. Retrieved 2017-03-12.
  10. ^ a b c d "Immigration: The SAW Program - Group 1 and Group 2". www.avvo.com. Retrieved 2017-03-12.
  11. ^ a b c "Bracero History Archive | About". braceroarchive.org. Retrieved 2017-04-13.
  12. ^ Mandeel, Elizabeth (January 2014). "The Bracero Program 1942-1964" (PDF). American International Journal of Contemporary Research. 4: 171–184.
  13. ^ News, A. B. C. (2013-03-14). "Union Leader Unsure About Imm. Deal With Big Business". ABC News. Retrieved 2017-04-13. {{cite web}}: |last= has generic name (help)
  14. ^ a b "Immigration reform and California agriculture". http://calag.ucanr.edu. Retrieved 2017-03-18. {{cite web}}: External link in |website= (help)
  15. ^ a b c d e "Contributions of Immigrant Farmworkers on California Vegetable Production" (PDF). http://ageconsearch.umn.edu. Retrieved 2017-03-18. {{cite web}}: External link in |website= (help)
  16. ^ a b c "Trump's Immigration Policies Explained". https://www.nytimes.com. Retrieved 2017-04-24. {{cite web}}: External link in |website= (help)
  17. ^ a b c d e "California Farmers Backed Trump, but Now Fear Losing Field Workers". https://www.nytimes.com. Retrieved 2017-03-31. {{cite web}}: External link in |website= (help)
  18. ^ "Trump Immigration Policies Could Hurt California, Economists Warn". https://ww2.kqed.org. Retrieved 2017-04-12. {{cite web}}: External link in |website= (help)
  19. ^ a b c "Home". Latin Advocacy Network. Retrieved 2017-04-24.
  20. ^ a b c d e f g h i j k l m n "Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - Wage and Hour Division (WHD) - U.S. Department of Labor". www.dol.gov. Retrieved 2017-03-12.
  21. ^ a b c d "US Labor Law for Farmworkers | Farmworker Justice". www.farmworkerjustice.org. Retrieved 2017-04-15.
  22. ^ a b c d e f g "Environmental Health | Farmworker Justice". www.farmworkerjustice.org. Retrieved 2017-04-16.
  23. ^ a b c d e "Farmworker Health & Safety Programs". Association of Farmworker Opportunity Programs. Retrieved 2017-03-13.
  24. ^ a b c "Pesticide Safety | Farmworker Justice". www.farmworkerjustice.org. Retrieved 2017-04-15.
  25. ^ "Pesticides - Harmful Effects and Emergency Response" (PDF). Kentucky Department of Agriculture Division of Environmental Services.
  26. ^ a b c "Get Informed". Center for Farmworker Families. Retrieved 2017-04-16.
  27. ^ "Farm Worker Issues -". National Farm Worker Ministry. Retrieved 2017-03-12.
  28. ^ a b c d e f g "Low Wages -". National Farm Worker Ministry. Retrieved 2017-03-12.
  29. ^ a b c d e f g h "Women's Issues -". National Farm Worker Ministry. Retrieved 2017-03-13.
  30. ^ a b c d e f g h i j k "Children in the Fields -". National Farm Worker Ministry. Retrieved 2017-03-13.
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