By Nancy Cleeland,
The Los Angeles Times, Thursday, February 17, 2000
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Jobs: In a dramatic shift, federation urges repeal of law that criminalized hiring undocumented immigrants. Prospects for legislation are unclear, but support from business groups is likely.
Claiming U.S. immigration policy is
"broken and needs to be fixed," the AFL-CIO on Wednesday called for a
new amnesty for millions of undocumented workers and the repeal of
the 1986 law that criminalized hiring them.
The position, adopted unanimously by
the federation's executive council at its winter meeting in New
Orleans, represents a dramatic shift for the AFL-CIO, which backed
the so-called employer sanctions law 15 years ago.
At the time, immigrants were viewed by
many labor activists as competitors for jobs or potential
strikebreakers. The demographics of the U.S. work force are very
different now, with foreign-born workers dominating many industries
and accounting for a large share of new union members.
The Immigration and Naturalization
Service estimates that 275,000 workers enter the country illegally
every year, and that 6 million now live here--about the same number
who lived in the United States in 1986, when the last amnesty law was
passed as part of the Immigration Reform and Control Act.
While the prospects for actual
legislation are unclear, labor leaders noted that many new voters are
immigrants and legislators are looking for ways to court them.
"The world has changed, and it hasn't
just changed for unions," said John Wilhelm, president of the Hotel
Employees and Restaurant Employees Union, who chaired a committee of
12 unions that wrote the resolution. "I'm not so sure people aren't
rethinking earlier views. From a cold political perspective, if the
labor movement and the immigrant communities and churches can
generate sufficient momentum, I'm not so sure that we can't be
successful."
Coming at a time of widespread labor
shortages, the union's proposal is likely to be supported by business
groups, some of which have independently called for a new amnesty.
Business generally opposed the original employer sanctions law.
The labor federation, which represents
about 13 million union members, has scheduled four forums across the
country, including one in Los Angeles on May 10, to take testimony
from immigrants and consider legislative strategies.
Several California labor groups had
pushed for a new AFL-CIO immigration policy at the group's national
convention in October, but few expected the response to be as swift
or as strongly worded.
The three-page resolution, written by a
committee that included unions representing janitors, truck drivers,
teachers, government employees and screenwriters, describes the
current immigration system as "poorly constructed and ineffectively
enforced," allowing some employers to "knowingly exploit a worker's
undocumented status in order to prevent enforcement of workplace
protection laws."
The resolution also called for
whistle-blower protection for illegal immigrants who complain about
labor law violations as well as the creation of job training programs
for new immigrants. And it opposed any expansion of the current guest
worker program.
Along with general amnesty for
"millions" of undocumented workers, the resolution said legal status
should be granted immediately to 500,000 Central Americans and
Haitians who were denied refugee status in the 1980s and 1990s. In
addition, the resolution said that the 350,000 immigrants who were
denied amnesty under the 1986 law and the 10,000 Liberians who fled
civil war in their home country should also be granted legal
status.
The combination of amnesty for current
residents and penalties for employers who hired undocumented workers
in the future was intended to put an end to illegal immigration, but
many researchers now believe the law actually fueled even more of
it.
In some industries, particularly in
California, undocumented workers account for 50% or more of the work
force.
There have been increasing calls for a
new amnesty recently, but the AFL-CIO resolution is the most
prominent and sweeping.
Last month, a bipartisan coalition of
senators introduced legislation that would grant limited amnesty to
farm workers, but only if they agreed to continue working in
agriculture for five more years. The legislation will probably come
before the Judiciary Committee in May, said a spokesman for Sen. Bob
Graham (D-Fla).
Several unions, including the United
Farm Workers, have opposed the plan, calling it a form of indentured
servitude.
Several of those involved in drafting
the AFL-CIO resolution had bitter memories from 1985, when the
previous policy was adopted. "It caused many of us great pain," said
Linda Chavez-Thompson, now the federation's executive vice president.
"We were great foot soldiers, but we weren't appreciated. . . . The
movement itself has changed so much since then. Now you see the faces
of immigrants everywhere."
The resolution is in part a pragmatic
response by unions that have begun organizing more aggressively, and
found that some employers threaten or fire undocumented workers who
support the union.
One case that helped speed the
federation's action involved six hotel housekeepers in Minneapolis
who were arrested by immigration agents in October, shortly after
voting in favor of union representation. It was later learned that
the agents were called by a hotel manager.
Although the workers won a settlement
of $72,000 through the Equal Employment Opportunity Commission, they
are still slated to be deported, despite the intervention of churches
and community groups.
"That really brought to the forefront
what the problem was," said Eliseo Medina, vice president of the
Service Employees International Union, who was among the early
proponents of the new policy. "That showed in a very stark way what
the situation is today, and helped bring a sense of urgency to the
matter."