Posted on 11/02/2007 11:22:14 AM PDT by SwinneySwitch
All that Eustaquio López wanted was a job.
He had plenty of experience and the energy to prove himself. But he never got a chance, he said, because as a worker in the U.S. legally, the employer would have had to pay him regular wages with adequate protections — options seen as luxuries easily skirted by exploiting Mexican workers.
López and 18 other South Texans, all U.S. citizens or legal residents, are suing various agricultural companies in the region and the U.S. Labor Department in federal court in Del Rio, alleging they were passed over for jobs because of their legal status.
It's an ironic twist to the long-held argument by U.S. employers that they're forced to look for workers south of the border because they simply can't find any local takers.
"What gets to me is that I did things the right way," said López, 50, who lives in Weslaco with his wife Benigna, who also sought $8.75 per hour work at a Borders Melon Co. warehouse in Edinburg. Their calls were never returned, he said.
"I've got my papers. I was ready to work. The whole thing got me down — it was really unfair," López said.
The lawsuit charges several companies, including Borders' watermelon operation and several of its affiliates, as well as a foreign labor recruiter and the lawyer who filed the legal paperwork, of conspiring to bring in Mexican workers on one type of seasonal worker visa and instead put them to work in the fields.
Though both categories serve to bring in temporary workers, the H2A visa is meant solely for farm work while the H2B is for non-agricultural jobs, typically in the hospitality and service industries.
The lawsuit alleges a scheme whereby workers were brought from Mexico on H2B visas, which are much easier and quicker to obtain and carry fewer work protections and restrictions, but actually got jobs on farms.
"While in other parts of the country it might be true, here in South Texas there's actually no need for guest workers," said Jake Wedemeyer with the Eagle Pass office of Texas Rio Grande Legal Aid, the agency handling the lawsuit. "There are plenty of legal workers ready to work."
Nowell Borders, head of Borders Melon, declined to be interviewed, but issued a statement saying the company was seeking a compromise.
"Please know that if there has been any wrong or unfairness, we will do our best to correct it. We're a local company with the best interests of everyone concerned in our business," he said in the statement.
The apologetic approach may have worked. Javier Riojas, the lead attorney representing the workers, said he's negotiating with Borders, and middle ground may be found to avoid going to court.
Borders would have to hire the workers and pay them for the time they were denied work, plus prove that he'll change future recruiting and hiring policies, Riojas said.
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hrozemberg@express-news.net
Ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
ping
I thought illegals were only doing work that Americans would not do!
I guess the shamnesty supporters were lying to us! Go figure!
About time!!
What I don’t understand is all the latino’s who rally in support of these illegals and their so-called rights. This is exactly what happens to those on the bottom rung of the economy they are passed over for jobs for the cash/slave wages paid to illegal aliens.
If this suit can use financial help to see it to conclusion, count me in!
Ping me. Viva Texas!
Compromise? If good ol' Nowell is hiring legally there is nothing to compromise. Could it be these legals are correct in their assumption that Nowell Borders is hiring illegals instead of legally documented individuals?
This story peps me up a bit. Thanks for the ping ;o)
Rio Grande Legal Aid - no wonder they’re looking to compromise, they don’t have a financial stake in the outcome. The main reason my firm doesn’t do contingent fee work: it gives me an interest in my client’s case and makes me less likely to recommend a settlement that would decrease my cut. Putting on my helmet now...
The truth of the matter is that "farmers" want cheap, near slave labor so that they can stuff more of those farm subsidy checks in their bank accounts.
This also means Bush supports the use of near-slave labor, the exploitation of poor ignorant people and the abuse of their human rights to be paid a fair wage for their labor, and forced to work in terrible working conditions, sleeping in barns with animals etc.
I won’t be surprised to see some black robed buffoon rule in favor of employers breaking the law by hiring aliens who’se very presence is illegal.
YEEEEEEEEEEEEEEEEEES
LOVE IT....
WOOOOOOOOOOOOOOOOHOOOOOOOOOOOOO
So, I guess you’ll be voting for Edwards huh? Birds of a feather and all that...
Nowell Borders, head of Borders Melon, declined to be interviewed, but issued a statement saying the company was seeking a compromise may change its policy since it is now threatened with a lawsuit.
Where are the open borders crowd, who always accuse everyone wanting a secure border of bigoted racism? Bet they post on this thread without reading the article.
Pinging you because your DBM topics cheer me up. Enjoy
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