Labor Day is an occasion to celebrate the contributions of workers to the country's well-being and prosperity, but when discussing the labor force in the United States, it is imperative to recognize the role of immigrant workers.
The Mexican government's Secretariat of Foreign Affairs (SRE) notes that seven out of ten agricultural workers in the U.S. are of Mexican origin. The number of economically active Mexican nationals is around 10 million, and annually, they contribute over $262 billion to the U.S. economy, as 81% of their income is reinvested in the country where they reside.
In general, the Latino community accounted for three-quarters of the workforce growth between 2010 and 2020 in the neighboring country, according to data from The Latinos Donor Collaborative, an organization that aims to confront stereotypes with data that fosters understanding and appreciation of the true role Latinos play in society, politics, and commerce.
Despite the crucial role they play in American productivity, they continue to be subject to various violations of their labor rights.
Luis de la Hoz, president of the board of directors of the Hispanic Chamber of Commerce of New Jersey, warns that it is still very common for employers to exploit workers by not paying them according to minimum wage standards or by failing to provide the minimum conditions necessary for people to perform their jobs.
Other common violations include withholding wages or even immigration documents, threatening to report them for deportation if they complain about any situation, and not allowing them to speak Spanish, which can even amount to labor trafficking.
Everyone Has Labor Rights
What many workers don't know, De la Hoz notes, is that regardless of their country of origin or immigration status, they have rights.
In an interview with El Heraldo USA, Vanessa Calva Ruiz, Director General of Consular Protection of the Mexican government's SRE, emphasizes that it is important to know that not all Mexican workers have the same rights because it depends on their immigration status, but regardless of their immigration status, everyone has rights.
"In other words, the consular protection we can provide differs for someone with an H2A visa (for agricultural workers) or an H2B visa (for workers in other sectors such as construction, landscaping, etc.), or someone working under a TN visa (for professionals from Mexico and Canada), or other types of visas, compared to someone who is undocumented."
Access to these rights depends on whether there is a contract, the type of stipulated benefits, which provides additional protection; in the case of individuals working without a work contract, their protection under the law is different but still exists, explains the diplomat.
She acknowledges that in all sectors, there can be situations that impact the rights of the Mexican working community because there are many private labor relationships that neither the Mexican nor the U.S. authorities are part of.
However, the agricultural sector is one of the most well-documented, and the construction sector is identified as one of the main ones where Mexicans work and where more labor accidents occur. In these situations, she adds, it is necessary to work with each state's legislation to determine, based on what is known as "workers' comp" or workers' compensation, what tools are available to assist the person. "But in reality, we work under the assumption that anyone, in any state, in any sector, may require our assistance," Calva Ruiz emphasized.
"We have noticed that people believe that not having an immigration status means they have no rights at all, that they must endure mistreatment, abuse, or violations at their workplaces, and the answer is no; they do not have to endure it. That's why consulates are here to help them."
Vanessa Calva Ruiz
Mexico-U.S. Collaboration
"If you are one of the more than 10 million Mexican workers in the United States, you have labor rights; you have the right to work in a healthy, safe, and discrimination-free environment without fear of retaliation, regardless of your immigration status," stated Héctor Tavares, a senior official of the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor, during the inauguration of Labor Rights Week activities at the Mexican Consulate in Denver.
Much of the work carried out by consulates in the defense and protection of workers' rights is through collaborations between the Mexican government and the U.S. government, especially with the Department of Labor, says Calva Ruiz.
It is important to mention that any type of incident or violation detected in the labor field must be addressed by U.S. authorities. That is, the Mexican authority in its consular capacity has the power, obligation, and interest to inform a person about their rights so that as soon as they identify something wrong, they report it.
As a Mexican authority, she explains, upon receiving a report, we can notify the relevant authority, in accordance with U.S. law and legal framework, so that they can take action. However, a consular authority does not have the power to suspend a company's operations or sanction them in any way.
"We serve as the channel between a Mexican person whose rights are being affected and the system that ultimately must respond to that situation, in this case, labor matters"
Vanessa Calva Ruiz
The Director of Consular Protection recalled that this week, Ambassador Esteban Moctezuma Barragán and the Deputy Undersecretary of the U.S. Department of Labor, Thea Lee, renewed collaboration agreements with four U.S. Department of Labor agencies that are vital for the defense of Mexican workers' rights: the Occupational Safety and Health Administration (OSHA); the Wage and Hour Division (WHD); the Employee Benefits Security Administration (EBSA); and the National Labor Relations Board (NLRB), to ensure that Mexican workers enjoy fair and safe working conditions.
These agreements, in turn, empower and authorize each consulate to establish a collaboration agreement with the regional agency corresponding to them, allowing them to initiate all daily, concrete activities in favor of Mexican workers.
In conclusion, Calva Ruiz stressed that by knowing their rights and establishing a relationship of trust with the consulates, the population is more inclined to report; reporting is the component that triggers the actions to follow.
The community must know that the authorities, both from the consulate and U.S. labor agencies, are there to safeguard their labor rights, not to check their immigration status. There are no consequences if they report a labor violation based on their immigration status. "In fact, through these deferred actions in labor matters, it has been possible for people who report situations in their workplaces to later have the elements to regularize their immigration status because both the Mexican and U.S. authorities want to identify and punish companies that are taking advantage of our community for various reasons," she stated.
On behalf of the Hispanic immigrant working community, Luis de la Hoz emphasized that by protecting their labor rights, "what is actually being protected is the ability of these employees and individuals to continue contributing economically not only to the United States but also to their country of origin."
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