The request, co-signed by students in the International Human Rights Law Clinic at American University Washington College of Law (WCL), highlights the United States’ discriminatory treatment of millions of undocumented workers within its borders.

Undocumented workers’ rights to legal redress are being stripped away by U.S. Courts. A general interest hearing by the OAS would provide a forum for personal stories of discrimination.

This hearing represents an important opportunity for the voices of immigrant workers to be heard by the Inter-American Commission and the public at large. All too often, these voices are silenced by fear.

“The U.S. economy relies on undocumented immigrants for their labor, and yet these workers are vulnerable to untold abuse, exploitation, and discrimination due to their immigration status,” states Joyce D. Miller, American Friends Service Committee assistant general secretary for justice and human rights. “The basic human rights and dignity of these workers must be respected and upheld or, ultimately, the rights of all workers will be undermined.”

In Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (NLRB), Jose Castro, an undocumented employee of Hoffman Plastic, was fired after engaging in labor union activities. The NLRB found that Hoffman had violated Castro’s rights, and the Court of Appeals affirmed the decision. The U.S. Supreme Court, however, reversed the ruling and denied Castro the remedy of back pay because of his immigration status, ruling the prohibition against working without authorization precludes the recovery of back pay and outweighed his wrongful termination.

In a 2003 advisory opinion, the Inter-American Court held that all workers, regardless of immigration status, must be treated equally once employed. However, there have been a series of cases in the U.S. since Hoffman that have condoned the exploitation and unequal treatment of undocumented workers. The impact is that these workers are more afraid than ever to speak up about workplace violations, many believing that if they try to assert their rights, they will be deported.

“Undocumented workers are the hidden and highly exploitable staple of the American economy who provide us with food, clothing, manicured golf courses and lawns while at the same time contributing billions of dollars to the U.S. economy through the payment of Social Security, taxes and other expenditures,” said Sarah Paoletti, an immigrants rights expert and a practitioner in residence in the International Human Rights Clinic at WCL. “Without these workers, many areas of our economy would be in trouble.”

“We look forward to the commission’s intervention in this critical issue for the six million undocumented workers who cook, clean, care for children and the elderly, build our homes and harvest our crops. It is time for the United States to live up to its international human rights obligations and to protect these most vulnerable of its workers,” said Rebecca Smith, staff attorney for the National Employment Law Project, another co-signer of the request.

The coalition’s ultimate request is that the Commission issue recommendations to the U.S. government encouraging a legislative fix to Hoffman Plastic, and develop a reporting mechanism, which would require regular updates from the U.S. government and the undersigned advocates.

The American Friends Service Committee (AFSC) supports the rights and dignity of all people, regardless of legal immigration status. Through its national immigrants’ rights initiative, Project Voice, AFSC seeks to strengthen the voices of immigrants and immigrant-led organizations in setting the national agenda for immigration policy and immigrants’ rights.

For details on the hearing request, or to arrange an interview, contact Felecia Bartow, AFSC’s Project Voice documentation coordinator at 215-241-7133 or Sarah Paoletti, practitioner-in-residence, WCL International Human Rights Law Clinic at 202-274-4290. For media assistance, contact Janis D. Shields, director of media and public relations at 215-241-7060 or at 302-545-6596 after normal business hours.

The American Friends Service Committee is a Quaker organization that includes people of various faiths who are committed to social justice, peace and humanitarian service. Its work is based on the belief in the worth of every person and faith in the power of love to overcome violence and injustice.

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