Get in touch
949-316-0078
info@santolloydlaw.com
Reform Advocacy – Migrant Child Labor in the United States
Kyle Huffman • Jun 15, 2023
On February 25, 2023, the New York Times published a compelling piece
by journalist Hannah Dreier, exploring the topic of the exploitation of migrant children by major corporations in the United States.
In the article, The Times interviewed more than 100 migrant child workers in 20 states in the United States. The breadth and diversity of the jobs held by these children is truly shocking, and a depressing number of these jobs are in highly dangerous environments. There are examples of young migrants cleaning meatpacking plants at night after a full school day, stacking metal castings at the Hyundai Motor Group, and working 12-hour shifts at a conveyor belt packaging cereals and snack products, among many other dangerous and labor-intensive positions.
Most reasonable people will hear this news and immediately understand just how troubling this situation is and see the immediate need to make efforts to correct these unjust and horrific practices. But what can be done to address this situation?
According to NPR’s congressional correspondent Claudia Grisales, “It's going to be a really, really tall order for Congress. Republicans say that a crackdown on border security is the answer here. And several noted that the House Judiciary Committee will now begin work on a GOP border security bill, but we do not expect that to go far with a Democratic-controlled Senate and White House. House Democrats are asking for a bipartisan solution, but that's going to be really difficult for Congress to get on the same page here.”
In my view, it is the wrong approach to focus on border security to address these issues. Sure, changes to border security may positively impact this negative situation, but it would be far better to approach a resolution from the other side of this equation: going after the large corporations who are hiring migrant children in violation of the law. Changes to the United States border security policy will not address the underlying economic challenges that have resulted in record numbers of unaccompanied minors showing up at the United States’ southern border. Policy of separating children from their parents, which is quite horrific, was enforced by the prior presidential administration, and still, record numbers of individuals undertook the treacherous journey to the United States.
Rather than punishing children and families seeking a better life, the United States should focus on punishing companies turning record profits by exploiting these families by violating labor laws. It is worth noting that several of the corporations mentioned in the articles are currently under investigation by the U.S. Department of Labor, and greater consequences may still be seen. However, in the case of the Hyundai Glovis Facility in Alabama, so far the only punishments issued have been to the three staffing agencies hired by Hyundai to staff the facility, each of which were fined only $5,050. Hyundai’s use of staffing agencies has enabled the company thus far to escape liability for profiting off illegal child labor by placing the blame for these law violations on the staffing agencies hired. If the United States is looking for potential solutions to this widespread issue, one avenue would be to start here. The United States could close the existing legal loopholes that allow major corporations to escape liability for their exploitative practices, and instead impose strict penalties, which is far more likely to result in significant positive outcomes. In addition, harsh financial penalties for this type of labor law violation could be used to support the programs within the United States Department of Health and Human Services, which is responsible for caring for unaccompanied minors in the United States.
In 2022, the same year these labor practices were revealed in news media, and Hyundai’s staffing agencies took action resulting in them having to pay a total of $15,150 in penalties, Hyundai reported a 47% increase in operating profit to $7.35 Billion. In looking for solutions to what are clearly major problems for the United States, perhaps the United States should start by making the companies with hundreds of millions, if not billions of dollars in resources take greater care in their hiring policies and imposing harsh financial penalties for violation of the labor laws by hiring undocumented and underage workers. No company doing business in the United States should be able to profit billions of dollars off the exploitation of illegal child labor. Enhancing the financial punishment of companies found to be engaging in these practices would have the twofold effect of deterring labor law violations by making the punishment potential more daunting than the profit potential, and simultaneously creating a new source of funding to support the programs charged with caring for these vulnerable individuals by utilizing any financial penalties imposed.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!