Closed Borders, Opening Floodgates: Trafficking in Temporary Work Visas Categories, Issues Facing H2A and TN Visa Holders
Michael Chen, MA | September 18 | 3:15-4:15 pm EDT
Topic: International, Legal | Knowledge Level: Advanced
The number of undocumented immigrants has been declining in the last few decades. Already strained to find employees, many industries have turned to temporary work visas which are now used as conduits for labor trafficking and exploitation. Hundreds of thousands of migrant workers come to American farms every year on H2A visas. These migrant workers face isolation, language barriers, cramped housing conditions, and sometimes labor trafficking. Closing of the borders has led to reliance on H2A workers. Trafficking on farms typically revolves around confiscating documents, threatening deportation, and debt bondage. Because the H2A visa is employer-based, migrant workers cannot switch jobs if working conditions are poor. For TN visa holders, the situation is eerily similar. The TN visa is meant to provide free movement of professional workers between the U.S., Mexico, and Canada. However, companies recruit workers in Mexico, fraudulently promising them professional jobs. When workers arrive, they are forced to do manual labor such as milking cows or sorting parts. Because there are few protections and little oversight, most TN workers do not know how to find justice. This presentation will examine case studies including TN visas on dairy farms and automobile manufacturing as well as H2A visas on blueberry and citrus farms. These examples show that tightening the border has not led to better outcomes for workers. Desperate for cheap labor, employers turn to other sources to fill their payrolls and sometimes to labor trafficking through H2A and TN visas. The presentation concludes with recommendations for changes to the temporary work visas to help safeguard against trafficking.
Presentation Objectives:
• Discuss temporary work visas in the United States
• Evaluate possible alternatives and systemic visa change
• Discuss how to identify patterns in abuse of temporary visa holders