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Baltimore, Maryland. Today, the U.S. The Department of Labor (DOL) published its final rule to improve protections for workers in temporary agricultural employment in the United States through the H-2A guestworker program.
Centro de los Derechos del Migrante, Inc (CDM) welcomes this victory and applauds DOL’s efforts to strengthen protections for migrant agricultural workers. The final rule includes worker protections that migrant workers, CDM, and allied workers’ rights organizations have long fought for. Key wins include protections against retaliation, increased protection from termination without just cause, the right for workers to have guests in their housing, enhanced recruitment transparency, and protections against trafficking, such as prohibiting employers from withholding workers’ passports and visas to limit their mobility.
CDM also celebrates the provisions guaranteeing access to seat belts and safe transportation.
“For too long, large agricultural corporations have exploited gaps in worker protections to harm migrant workers. DOL’s final rule provides needed worker protections and reflects workers’ voices, experiences, and courageous advocacy.This rule will go a long way toward ensuring workers’ rights to health, safety, collective action, and justice. CDM celebrates this victory for migrant workers and organizations like ours who have advocated for these changes to the deeply flawed H-2A program for decades.” – Rachel Micah-Jones, Founder and Executive Director del Centro de los Derechos del Migrante.
“These protections benefit all workers. They are long awaited and very necessary. I hope they improve working conditions for migrant workers. Sometimes migrant workers don’t raise their voices for fear of losing their jobs. Being protected against retaliation benefits us. It will create safer workplaces. I hope these changes help people lose their fear to defend their rights” – Eleazar Guevara, former H-2A worker and member of the Comité de Defensa del Migrante (Migrant Defense Committee)
“My employer forbade all socialization. Having someone visit me in my housing would’ve been great. Someone to listen to me, check on me and someone to confide what was happening to me.”- Carlos, former H-2A worker.
A few data points from CDM’s Ripe for Reform report on the H-2A program:
- 100% percent of workers interviewed faced at least one serious violation of their rights.
- 94% experienced 3 or more
- 46% five or more
- 26% said paid recruitment fees
- 34% experienced restrictions of mobility
- 45% experienced overcrowded and/or unsanitary housing conditions
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