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‘Go Ahead, Try and Make Me Pay You’: Wage Theft and SB 1070
The Arizona Interfaith Alliance for Worker Justice, a worker center in Phoenix, has seen a "huge spike" in wage theft since SB 1070, Arizona's draconian immigration law, passed in April. Trina Zelle, the group's executive director, has seen a "noticeable shift" in the four months since the measure was signed into law.
"Employers are even more brazen in their mistreatment of workers," Zelle says. "Increasingly, "Go ahead, try and make me pay you" is the response workers hear when they confront their employers over unpaid wages.
Under S.B. 1070, scheduled to be implemented on Thursday, the police are required to question anyone they have a "reasonable suspicion" is in the country illegally, and arrest and move to deport anyone who can't prove their legal status. The law will lead to racial profiling, deter immigrants from reporting crimes, and further exacerbate racism and intolerance.
As early as May, the measure had cast an ominous shadow. A friend of Zelle's, a Latino U.S. citizen, was pulled over by police and asked for his birth certificate. Naturally incredulous - who travels with their birth certificate? - he was told by the cop, "Well, you look like an illegal." So even before its official implementation, the law has made a palpable impact. The measure's mere passage, say worker center organizers, has begun to drive immigrant workers even further underground, having a silencing effect on them in the face of rampant violations of their rights in the workplace. The Houston Interfaith Worker Justice Center has also seen more cases of wage theft recently. "Workers do frequently mention that employers verbally abuse them because of their immigration status (or assumed immigration status)," says Laura Boston, the worker center's director. "Frequently," she adds, "employers use immigration status as an excuse to justify not paying them." "We've certainly seen a marked difference," says José Oliva, Policy Coordinator for the Restaurant Opportunities Centers (ROC) United, which organizes restaurant workers:
Workers, on the one hand, are a lot more fearful to start workplace justice campaigns with us. What used to take our organizers a couple of weeks of house visits and one-on-one meetings is now dragging on for months.
On the other hand, high-road employers who are paying living wages and providing benefits are fearful and confused - even if they're not in Arizona, they somehow think cops anywhere can bust in and check peoples' documents. It's definitely a lot worse, and the law isn't even being enforced yet!
Pablo Alvarado, Executive Director of the National Day Laborer Organizing Network (NDLON), sees the new law as a direct attack on workers.
"The first place the authorities will go is to day laborer corners," he says. On Monday, a day laborer from Guatemala fell off a roof and died in Phoenix. "The employer is nowhere to be found," says Alvarado. "When S.B. 1070 goes into effect, do you think the wife of that man is going to call the police or the Department of Labor? People are not going to be filing claims. The abuse is going to get worse. It's a human rights crisis." This is what Michelle Chen recently called, "the downward spiral of exploitation across the entire labor force." And with a broken national immigration system, legislators in more than 20 states are considering copycat measures, tapping into anti-immigrant sentiment that has only been exacerbated by the economic crisis.
But despite the media hype surrounding those measures, anti-immigrant initiatives around the country in the wake of S.B. 1070's passage seem to be failing. As the Progressive States Network points out, "the reality is that from Nevada to Arkansas to Massachusetts to Kansas and Rhode Island, anti-immigrant bills and ballot initiatives largely didn't move or failed to make this fall's ballot." We believe this is a direct result of the huge national outcry and mobilization in opposition to S.B. 1070 on the part of immigrant rights activists, worker advocates, and faith groups. Any state legislature considering passing a similar measure is confronted with the reality of the huge economic and social costs the state of Arizona has had to endure after passing SB 1070. The key to stemming the downward spiral of exploitation is tougher labor law enforcement. "If we ever hope to bring immigrant workers out of the shadows in which they've been laboring," says Kim Bobo, author of Wage Theft in America and the Executive Director of Interfaith Worker Justice, "we need to forcefully oppose anti-immigrant legislation and stand up for both comprehensive immigration reform and vigorous enforcement of the nation's labor laws." And those labor laws apply to all workers employed in the U.S. regardless of immigration status - a fact constantly underscored by U.S. Labor Secretary Hilda Solis. Another Progressive States Network report points in the same direction, underscoring that the federal government's "systematic lack of wage law enforcement has contributed to the dysfunction of our immigration system." The report adds an interesting strategic twist:
Since going after employers who violate wage laws politically unites all workers, immigrant and native alike, cracking down on those employers will actually strengthen the progressive political base. Wage enforcement campaigns, the report points out, have served to undermine anti-immigrant attacks. When the Iowa Senate, for example, approved a bill to tighten enforcement on employers who violate Iowa wage laws, it stalled movement of an anti-immigrant bill approved in the state's House and effectively put the kibosh on anti-immigrant legislation. The S.B. 1070 knife cuts both ways, observes Jacob Lesniewski, organizer with the Arise Chicago Worker Center:
[It] poses an existential threat that either pushes people further into the shadows or moves them to take action. Some people are so fearful that they won't even come forward, but some are so angry that they're willing to risk a lot to claim their rights. If you can get deported just walking around, why not put up a fight? It's Zapata's admonition that it's better to die standing than to live on your knees.
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134 Comments so far
Show AllOne hundred and forty-five years after the American Civil War to 'end' slavery (yeah, I know it was about so much more than just freeing the slaves...), the practice of making a profit from the unpaid labor and brutal exploitation of human beings makes it's triumphant return to the US.
Between the despicably racist and intolerant laws deliberately targeting a visible minority in Arizona, to the lethal hazards faced by prison labor 'hired' by BP, *SLAVERY* is back, baby! And there ain't no-one gonna be having no 'Civil War' to stop it this time, 'cause the US Constitution is so much old toilet paper!
The Fourteenth Amendment, which magnanimously granted recently freed slaves of African descent the same status as human beings (sort of) has been used by Corporations to become legal 'persons' who now enjoy the *COMPLETE* protection of the US Constitution while actual living, breathing human beings are being denied the very same rights to Life, Liberty and the Pursuit of Happiness.
The rank hypocrisy and arrogance of AMerica stuns even as it disgusts.
Non Serviam - I will not serve.
"deliberately targeting a visible minority in Arizona"
I have been under the impression that there is no language in the law that does this. Can you cite the part of the law that does?
There is nothing in the Constitution that indicates the Corporation shall have the same rights and protections of a Citizen.
The Constitutions "language" has been interperted that way.
In the last few months the US Supreme Court granted all rights and privileges granted to living human being to Corporations, especially freedom of speech as it pertains to campaign spending.
Just a few of the articles on the subject:
http://www.progressive.org/node/139041/3009
http://www.teachablemoment.org/high/corporatespending.html
http://www.civilianism.com/gate/2010/01/ supreme-court-says-corporations- should-decide-elections/
http://www.globalresearch.ca/index.php? context=viewArticle&code=HIR20100127&articleId=17222
jakenewton, you are correct in saying that there is no specific language that states that law enforcement officers are to "deliberate[ly] target[ing] a visible minority..."
The law does state that 'reasonable suspicion' is enough to stop some one. That person then has the burden of proving that they are legally in the USA. Because of the history of Arizona, and other parts of the Southwest, some believe there is a likelihood that the people who would most likely be stopped are those who look Hispanic. Looking like a Swede would probably not get anyone stopped. That would be my surmise as to the most likely basis for the statement of which you are inquiring.
I tend to agree with what you have written. It seems that the problem of how this law would be enforced is not unique to this law would be a concern to *any* law. As of now, the outrage is hypothetical only, and if there prove to be incidents, it would seem to stem from the implementation and execution of the law, and not any defect in the law itself.
But if this is true, the objection can apply to most any law.
"The law does state that 'reasonable suspicion' is enough to stop some one"
Actually, that's incorrect. The law says that after someone was stopped by police for another reason (made up or not), then and only then can they be asked to prove residency.
You must have actually read the law, thanks for pointing it out.
Yes, I did. Pretty boring read for a non-lawyer.
One more point that most people miss: a driver license is accepted as proof of legal residence.
so unless I'm missing something, you get stopped by cops for whatever reason, and you present a valid driver license, the question of your immigration status has been answered.
It is kind of presumptive of you to assume that cops would only stop someone driving a car. What about poeple on foot? Last I checked, in the US, one is not compelled to give any form of ID to a cop, but cops can stop someone on foot for any and all sorts of reasons, as they do drivers.
You are correct. Mostly. You are supposed to carry id (driver license) when you operate a motor vehicle tho.
That is because there is no "right" to operate a motor vehicle, it is a privlege. Lots of people where I live don't own or use motor vehicles. They rely on the bus or jitney, or they walk.
"Last I checked, in the US, one is not compelled to give any form of ID to a cop"
Hiibel v. Sixth Judicial District Court of Nevada
The Supreme court is full of certifiable fascists, like Scalia. Surely you don't agree with this ruling?
It went against considerable precedent before it, and in time, it will hopefully be reversed.
However, even this ruling didn't compel Hilbel to present a physical document - only that he identify himself i.e. verbally.
We are not a "show me your papers" society, thank goodness. When I was working in Venezuela in the 1980's, I had quite enough of the roadside "acabalas" and the Uzi or AK-47 armed cops ordering me to "Deme su cedula!"
"The Supreme court is full of certifiable fascists, like Scalia."
The ruling was 7-2 affirming.
"Surely you don't agree with this ruling? "
Let's just say I'll never lose sleep over it I am sure.
"It went against considerable precedent before it,"
Oh really? Like what? Actually it looks as though the opposite is true, that there have long been various dorts of stop and identify laws.
"We are not a "show me your papers" society, thank goodness."
"even this ruling didn't compel Hilbel to present a physical document "
The *Nevada* courts opinion stated it's understanding that the request for ID under the Nevada law did not go beyond stating his name. However in the Supreme Court's majority decision they understood it to mean written ID. Hiibel never raised this argument until petitioning the Supreme court. Sounds like a punk to me anyway *shrug*
"We are not a "show me your papers" society, "
There are stop and identify laws in 24 states, so it depends where you are. And what is not clear is whether there even needs to be a law to grant the authority, as with Terry vs. Ohio.
"Venezuela"
I hear it's like a paradise now.
"Venezuela"
I hear it's like a paradise now.
---------------------------------------------
The ordinary folk are miles in front of where they were before Hugo. Which is probably close to being close enough for the moment.
Maybe, but I'll bet you still have to show ID to the police if asked. Just guessing though.
"Give me your hungry, your tired, your poor
I'll piss on them
That's what the Statue of Bigotry says"
Lou Reed ---- Dirty Boulevard
It has always been about the status quo.
George Washington was about keeping his stuff too, and farmers fighting for him who wanted more were not treated kindly by him.
Those who already have and really want equality are very very few.
Love
Zero
If a person is "suspected" of a crime, the burden of proof is on the state, which must make its case "beyond a reasonable doubt."
The defendant doesn't have to prove his innocence; the defendant enjoys the "presumption of innocence."
And that's about as fundamental to justice and what we used to call "the American way," as you can get.
Why should it be different with a suspected immigration violation? Why should the burden of proof be on the accused instead of on the state?
Hell, I was born in Chicago and have lived in the US all my life. But I'd be hard-pressed to "prove" it to some cop on the street who thinks I'm a shade too tan.
These kinds of immigration laws are anathema to "liberty and justice for all."
It's a disgrace.
sj
www.spartacusjones.com
"Hell, I was born in Chicago and have lived in the US all my life. But I'd be hard-pressed to "prove" it to some cop on the street who thinks I'm a shade too tan."
You don't have a drivers license, a library card, an insurance card, AAA card, SS card, any of which and more are all you need to show that officer and who under this law is specifically forbidden to stop you for that "tan shade" unlike the national immigration law.
If you have no identification on you, you can't tell me honestly you'd be surprised if that officer suspected you of something.
"If you have no identification on you, you can't tell me honestly you'd be surprised if that officer suspected you of something?"
Good grief! Learn your rights. Will you please read the 4th Amendment? In the United States, a person is never required to present any type of identification card or paper to a cop. OK?
I would tell you in my State you had better not be driving without a license and insurance, both of which, by law must be in your possession.
And you are quite correct, you do not have to, however if you have none, he would be a pretty poor cop if he didn't suspect you were a nogoodnik. If you are here with legal status and not a citizen you are required to have those papers on you at all times.
Racial profiling is illegal, but profiling is most of police work as you well know. A good Cop is never going to a charity auction looking for a petty criminal (yes, he might find a few BIG criminals there).
There was this place once called NAZI GERMANY.
You should look it up sometime.
Cut out the drama. There have *always* been stop and identify statuates on the books in the US, 24 states currently have them. And it's not even clear that the laws are even required to provide that power to law enforcement anyway.
I forgot my wallet. It is at home. Why did the officer detain me in the first place, just to see if I was carrying ID? What gives the officer the right to do that? Because I'm a little bit too "tan"? Because I happened to be speaking Spanish to a friend? Why?
He stopped you in the first place because you had done something...jaywalked, ran a red light, etc. He is not allowed to stop you because he heard you speaking Spanish to a friend or were a bit tan.
And if you can give an adequate explanation, even no identification is not a real problem.
And skin color has little to do with it overall. Illegal aliens are about half white and Asian.
I think I saw that episode of Leave it to Beaver too.
Now, back to the real world of racist cops, politicians, and the prison system. Back to "Driving while Brown/Black" statistics and murder on the border:
14 Examples
Rampant Racism in the Criminal Justice System
By BILL QUIGLEY
http://www.counterpunch.org/quigley07262010.html
Fantasies of persecution are not my bag. The song is fairly old and while some of the lyrics are still true, most are gone.
in your white TV world, numbers and stats = fantasies. racism is dead, institutionalized racism is a leftist invention, and cops are everyone's best friend that only enforce the laws in a fair and balanced manner, regardless of skin color.
...and Rodney King, Oscar Grant and Sean Bell were fantasy TV shows produced in Hollywood.
I do not understand why racial insults have to be thrown around, mightymight is making a good argument that needs to be taken into account. Rather then simply bashing someones ideas you should seriously engage them and try to see things from another point of view. Perception is mostly altered by strong emotions that at times have no place in such a delicate dialogue. I am a Latino and yet I completely agree with mightymight, does that make me an uncle Tom?
There were also a number of Jews that collaborated with the Nazis. Every oppressive system will find willing collaborators. Just because you are a Latino doesn't mean that your position is politically or morally sound. I am not saying you are a "collaborator" but just making the point. In fact, I am not sure what position your supporting exactly.
Do you support SB 1070?
No I do not support Arizona's law but the truth is that something has to be done. I have plenty of students that just arrived to the US legally and cant find a job because they are competing with cheaper illegal labor. These immigrant kids are here to stay and spend their money here allowing the money to get circulated thereby aiding the economy. When I think of home I think of the Bronx not some far away land that my parents came from that is foreign to me when i go visit. Please save your high and mighty crap for some one that is willing to buy it. 99% of you so called advocates of immigration rights wont step foot in an immigrant owned establishment because your friends might see you.
You will get in serious trouble with the thought police if you try to support legal immigrants rights or God forbid American citizens rights instead of placing foreign citizens interests above both.
I just don't understand people that do that. I can see they want to destroy America as a nation, but why?
Simply to be different they will go with whatever is the zeitgeist. It is unfortunate but at times some of these impressionable youth will buy whatever crap is fed to them by these so called liberal professors whom by the way never practice what they profess. Autonomous thinkers are too few and far apart.
The only thing that has to be done is revoke NAFTA, prevent the manufacturing base in the US from moving overseas, and open the borders. Your position is perfectly in line with white supremacists, and the neo-nazis backing SB 1070.
Are you aware of the connections between the politicians that passed SB 1070 and the neo-nazis that support it and are funding its defense?
How do you justify taking up a position alongside those that are vocal racists? I do not buy into or accept the language of "illegals". In my view there is no such thing. Human beings are human beings. In your world, you divide people artificially based on economics, which is reprehensible. I hope your students revolt.
I detest racists of any color. I suggest you read what you just wrote. You are living in the thirties at best.
There are some of both of what you mentioned left, but not that much. Its mostly reverse at this point.
By the way, I have yet to determine why everyone assumed I was white. Pretty sytrange assumption I would say.
I hear you. Given all the evidence of history when it comes to abuses of authority (by those in uniform or otherwise), to lend yet more liberties to these soldiers of urban fortune is like courting fascism. ANY who use the "letter of the law" to support Arizona's racial-profiling policy is morally tone-deaf to the very apt adage... that FIRST they came for. It NEVER ends there.
I don't think there is one policy being implemented in the U.S. today that I actually agree with. On just about every topic, the leaders are taking it to, as Rumsfeld put it, "the dark side." There is no moral high ground from which the lawmakers can argue given the bankrupt economy bleeding necessary resources on illegal wars, torture camps, payoffs to bankers, and tax cuts to that already way too privileged one percent... so a SCAPEGOAT is necessary. The pattern is not new. It only works because the ethnic costumes of the targets change with the times. The modus operandi remains (thus far) intact.
I'd encourage forum members to read a story that used to be part of the mandatory curricula offered at junior high English literature classes. It's entitled, "The Lottery," by Shirley Jackson. Although written as dark satire, it metaphorically speaks to OUR current societal model. Perhaps it will help some to look past their righteous regard for the letter of the law to see something more powerful in the magic moral mirror that good literature (like good film) presents.
Rose, thanks for reminding us about "The Lottery". I'd totally forgotten about it, but shouldn't have --as you say, it's still just as powerful a metaphor for our society today as it was when written 62 years ago.
"There is a sound basis for assuming that by struggling to demystify our ordinary consciousness we shall improve the prospects for peace and economic and political justice. If this potential change of odds in our favor be ever so slight, I think we must regard the expansion of scientific objectivity into the domain of lifestyle riddles as a moral imperative. It's the only thing that's never been tried." (anthro Prof. Marvin Harris, closing sentences in "Cows, Pigs, Wars, and Witches")
>>as Rumsfeld put it, "the dark side." <<
Nitpick: It was Cheney. Same difference, though.
DKSHAW: Thank you for the correction.
MAIREAD: I have mixed feelings about the quotation from your 2nd paragraph. Too much objectivity and we end up with a society that may have a high intellectual I.Q. but at what price to its collective "emotional IQ," or as some of us would put it, soul?
"14 Examples
Rampant Racism in the Criminal Justice System
By BILL QUIGLEY"
The article was posted at CD on Monday. As usual with this subject, Bill Quigley is unable to *prove* racism as a cause of those statistics, does not discuss other non race factors that could explain them, and doesn't even try to describe any specific racist mechanism at play. Typically sloppy and likely disengenuous, as I am sure he knows better. But since the numbers "seem" to support his preconceived world view around race, so no vigorous analysis is needed.
We discussed it here:
http://www.commondreams.org/view/2010/07/26-2
No proof of racism. Just proof of sloppy and dishonest journalism. Please join in if you wish.
only white people believe that the criminal justice system is colorblind.
the stats speak for themselves, not to mention that those who founded the "war on drugs" admit it was intended to subjugate people of color, and use the prison system to respond the civil rights movement. Nixon himself admitted this.
"only white people believe that the criminal justice system is colorblind."
Racist statement, offered without any support. No one will ever take this seriously, and it makes you appear small and simplistic.
"the stats speak for themselves,"
Utter BS. Stats *never* "speak". Only through some type of analytical process can stats be used to say anything. This idea is *rudimentary*. It is well for society that you don't do any work requiring this fundamental knowledge. Have a nice weekend!
I am in stUTpidsville here and the white guy went on a rant. First he talked about Obama giving tax breaks to Muslims. Then went on how Obama is fighting the AZ law. I told him it was racial profiling and that many innocent people would get caught up in it. Possibly lose their jobs or spend money they don't have fighting the system. And how AZ is already broke. Then I asked him if he would like to be stopped cuz he is white? He said he would carry them with him. No problem. I asked what if he didn't know about the law and didn't have them with him. Like talking to a wall. But I think I changed his ignorent mind. Then we got back to the taxes and got that debunked. Then went on to the birth certificate shit. Told him how we were paying the Taliban to protect our convoys and he finally started listening to me. Then told him about all the tax money we poured in that were given to corrupt countries and regimes and got him directed here and to democracy Now. Utah is plastered with the faces of Rush and Beck and the people are stupid enough to believe every word.
Not everyone on the LEFT is so happy about millions upon millions of people in the country illegally looking for the few jobs left. It's easy for Univ. Profs. with BIG jobs and careers to lecture the rest of us about this but the reality is the rest of us are not as happy about it. That said I undertsand why these poor folks are coming here have nothing personal against any of them but they really do need to stay home and fight to make their own countries better. Things here suck , unless you have the BIG job with a Big Corp. or the public sector. Even then these days your just holding on.
SEAGLASS
Now that's an honest statement! Heck, if you don't understand why they come you'd be a dunderhead and few have anything personal against these poor folks. Well said.
SEAGLASS, you are making assumptions about how others on the Left feel about SB 1070. Please stop.
The jobs that most undocumented people take are those which I doubt you would deign to do. Come on up to the Northwest and pick fruit for a day or two. Bet you wouldn't last. In 18 years there've been fewer than a dozen local Anglos ask to help pick our cherries or apples. And most did not make it through our very short season. None have ever showed up wanting to prune in winter. We pay well and do our best to check papers and we require people to provide us with papers. We take out taxes and send them to the government so stop your belly-aching about your personal situation and don't include me in your statements. I would guess for some reason you've been watching way too much TV news.
Not true, Americans would not do it for the price that corporations are paying these poor individuals. Give an unemployed american a fair wage and benefits and they would do just about anything they are asked. So please stop trying to guilt people with the same old rhetoric.
Absolutely!
The U.S. has a long history of perpetuating and abusing an underclass for economic benefit.
Maintaining this underclass is an overt political ploy using the justification of being economically efficient.
In effect, corporations are debasing a group of people in order to gain wealth with this debasement. This is undemocratic and opposite to the ideals of western democracies, freedom and human rights.