Trapped in a Factory Farm
A lawsuit alleges that three Guatemalan citizens, who came to the U.S. on J-1 visas, worked dangerous jobs under false pretenses.
For Sentient, I wrote about a new FarmSTAND lawsuit that alleges abuse of the J-1 visa system. Promised cultural exchange, recent graduates of a Guatemalan university worked dangerous jobs in a factory farm.
At the end of their studies at San Carlos University in Guatemala City, Fredy Alvarado Contreras, Sergio Escobar Gonzalez and Dennis Najera Barillas were recruited to participate in a special opportunity: a year-long internship at a swine operation, where they would learn from experts, partake in American cultural activities and agronomy courses and receive free housing, according to a new lawsuit. The plaintiffs came on a J-1 visa: a State Department visa commonly awarded to foreigners coming here for educational or research programs. Yet according to the lawsuit, plaintiffs instead worked dangerous jobs in hog processing facilities and discovered that most of the other promises — from free housing to cultural exchange — were a “sham.” Before their first paycheck, the plaintiffs had to shell out thousands of dollars, relying on loans and selling their belongings.
“My hope in coming to the U.S. on a J-1 visa was to share my culture and learn about U.S. culture. I wanted to improve as a person, as a professional, and economically. I wanted to improve my job prospects and get a certificate to help with that,” said Sergio Escobar Gonzalez, one of the plaintiffs in this action, via a press release from the legal advocacy non-profit FarmSTAND.
The lawsuit was filed against Livingston Enterprises Inc. (LEI), a company that operates in Nebraska and Kansas, and Worldwide Farmers Exchange, a California-based non-profit. A number of employees at both organizations are also named in the suit. The plaintiffs are represented by FarmSTAND, Legal Aid of Nebraska and Georgia-based law firm Radford Scott LLP.
Work visa programs, like the H-2A program, allow immigrants to temporarily fill agricultural labor shortages in the United States. H-2A programs are controversial and rife with exploitation, a recent investigation by the nonprofit newsroom Prism shows. In December, a Connecticut farm that employs H-2A visa holders was served a class-action lawsuit for violating labor conditions.
The J-1 visa, on the other hand, strictly prohibits using visa-holders to fill a labor need or engage in work that a U.S. worker could be hired for. In theory, these visas are supposed to provide educational work and study opportunities, and are often awarded to visiting professors and scholars. But unlike H-2A visas, which are for temporary agriculture positions, these can cover up to 12 months in the United States.
“Animal agriculture is year-round, so they can’t avail themselves of those visas,” Amal Bouhabib, a senior staff attorney for FarmSTAND, tells Sentient. A recent report by the Southern Poverty Law Center has documented the exploitation of J-1 visas by employers seeking cheap labor; and this lawsuit suggests the agricultural sector is not exempt from the practice. Luring visa holders to work in concentrated feeding operations with promises of a cultural and educational experience via the J-1 visa program is deceptive and exploitative, the lawsuit alleges.
Read the rest of the story here.
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