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"content": "\u003cp>Natalia Angeles always knew she was going to college despite being undocumented, so giving up the chance to attend a four-year university straight out of high school was not easy. But when the acceptance came from the University of California, Riverside, she quickly realized that without being able to work legally, she couldn’t afford to attend.\u003c/p>\n\u003cp>“I didn’t know what resources to look for when it came to helping me with school and stuff,” said Angeles. “And then when I noticed that UC Riverside was not the perfect fit for me financially, I decided to just do community college.”\u003c/p>\n\u003cp>Angeles attended East Los Angeles College, then eventually transferred to Long Beach State. A local nonprofit helped Angeles, a skilled photographer, find work taking portraits for $45 each. She uses the money to cover her out-of-pocket costs, but is unsure of how she will earn money to pay for school in the future.[pullquote size=\"medium\" align=\"right\" citation=\"Josh Fryday, chief service officer, state of California\"]‘Historically, unfortunately, service has excluded people. We hope, with this program, that the message that we’re sending from California is clear, which is that we really value our Dreamers.’[/pullquote]\u003c/p>\n\u003cp>Working part time — or even full time — is an important part of many students’ college plans, especially as living costs in California continue to rise. But California’s estimated 75,000 undocumented students don’t qualify for federal work-study programs or most job opportunities, and many struggle to make ends meet.\u003c/p>\n\u003cp>A new state service program launched last week, \u003ca href=\"https://www.californiavolunteers.ca.gov/californiansforall-college-corps/\">#CaliforniansForAll College Corps\u003c/a>, will give hundreds of them an opportunity to earn money for college while doing community service. It’s the latest of a number of efforts California has made to help undocumented students pay for college.\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/education/2022/02/california-volunteer-college/\">College Corps fellows\u003c/a> will learn from community-based organizations, taking on projects in the public schools, tackling food insecurity and combating climate change. Fellows receive as much as $10,000 for completing a year of service, which includes a living allowance and an education award.[aside postID=\"news_11925358,news_11923249,news_11914800\" label=\"Related Posts\"]“Our global goal is to engage more people in service and have more people work in the community to solve big problems,” said Josh Fryday, California’s chief service officer, whose office runs College Corps.\u003c/p>\n\u003cp>With 3,200 spots to fill, College Corps has welcomed about 570 fellows who are AB 540 California Dream Act students, meaning they lack legal residency in California but attended high school here and qualify for resident tuition. It launched the same week that a federal appeals court ruled that Deferred Action for Childhood Arrivals, a program that gives work permits and protection from deportation to some undocumented students who arrived in the country as children, violates immigration law.\u003c/p>\n\u003cp>The \u003ca href=\"https://calmatters.org/immigration/2020/06/supreme-court-daca-decision-trump-dreamers/\">ongoing legal battles over DACA\u003c/a> have ratcheted up stress for undocumented students. In a 2020 survey of about 1,300 undocumented college students in California, \u003ca href=\"https://cpb-us-e2.wpmucdn.com/sites.uci.edu/dist/4/3807/files/2020/12/State_Of_Undocumented_Students_2020report.pdf\">96% reported worrying about not having enough money to pay for things\u003c/a>, with 60% worrying a lot of the time, almost always or always.\u003c/p>\n\u003cp>“Historically, unfortunately, service has excluded people. We hope, with this program, that the message that we’re sending from California is clear, which is that we really value our Dreamers,” said Fryday. “We know how much they can contribute to making this world a better place for us all.”\u003c/p>\n\u003cp>Yusbely Delgado Medrano, a student at the University of California, Davis, told CalMatters how thankful she was for opportunities like College Corps. Delgado Medrano has wanted to be a pediatrician since high school, but during her sophomore year, she said, her father told her she might not be able to because of her immigration status. Delgado Medrano persisted, taking advanced placement classes and applying for DACA.\u003c/p>\n\u003cp>“I had my whole life planned,” she said.\u003c/p>\n\u003cp>Then, just before she started at UC Davis, a federal judge blocked new applicants to the DACA program. Delgado Medrano applied for a campus job after being told they accepted AB 540 students like her. But after going through training, she said, she learned she wasn’t eligible.\u003c/p>\n\u003cp>“It was a very upsetting time,” she said.\u003c/p>\n\u003cp>As one of the 2022-2023 College Corps fellows, Delgado Medrano is now creating a program for sixth grade students in local schools. “Our mission is to encourage low-income students to go into college,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11928604\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11928604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-800x534.png\" alt=\"Several people wearing white t-shirts in an auditorium applaud.\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-800x534.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-1020x680.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-160x107.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-1536x1025.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM.png 1544w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">College Corps fellows applaud speakers during their swearing-in ceremony in Sacramento on Oct. 7, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before California put in place policies to support undocumented students who wanted to attend college, students had to come up with creative ways to pay for their education, said Eric Yang, coordinator of UC Riverside’s Undocumented Student Programs. Those included crowdfunding and seeking out private scholarships that did not require citizenship.\u003c/p>\n\u003cp>“It was basically the Wild, Wild West, where everybody was sort of on their own,” Yang said. “Even though many people were going through the same thing, there just wasn’t enough unification across the institutions and in the state.”\u003c/p>\n\u003cp>That drastically changed with the passing of Assembly Bill 540 in 2001, exempting some students who attended California high schools but were not legal California residents from paying nonresident tuition at public universities. The 2011 California Dream Act made those same students eligible for state financial aid.\u003c/p>\n\u003cp>Yet undocumented students still struggle financially. Student centers for undocumented students across universities work with local nonprofits and their own institutions to disseminate information about professional opportunities through flyers, social media or just word of mouth.\u003c/p>\n\u003cp>“Some (undocumented students) will pay out of pocket, with potential work under the table,” said Yang.\u003c/p>\n\u003cp>In 2019, the California Student Aid Commission launched the California Dream Act Service Incentive Grant Program, allowing lower-income California Dream Act students with a minimum high school GPA of 2.00 to perform community service and receive as much as $2,250 per semester.\u003c/p>\n\u003cp>The program had space for 2,500 students, but \u003ca href=\"https://lao.ca.gov/Publications/Report/4548\">only 100 had signed up by fall of 2021\u003c/a>, according to a report from the California Legislative Analyst’s Office. The pandemic had disrupted service opportunities, and students might have been looking for higher-paying gigs, the report found. This program is now merging with College Corps.\u003c/p>\n\u003cp>College Corps was intentional about working with trusted messengers to reach the undocumented community, said Fryday.\u003c/p>\n\u003cp>“We did a lot of outreach in multiple languages,” he said. “We did a lot of specific Spanish earned media and interviews to make sure that we’re reaching parents of these students, which we found to be a very effective way to motivate students.”\u003c/p>\n\u003cp>College Corps hopes to use its success as leverage to get the state Legislature to expand the program to more college campuses, Fryday said.\u003c/p>\n\u003cp>Delgado Medrano said it’s sometimes hard navigating the maze of career preparation and figuring out which opportunities are open to AB 540 students. “I wish I could live my life without these small things. I wish I could enjoy my time at Davis. But I can’t because I have to read the fine print,” she said.\u003c/p>\n\u003cp>Still, she hasn’t given up on her goal of becoming a pediatrician. Because she wouldn’t qualify for a medical license now, she said, she plans to start by getting her master’s degree in counseling or psychology and gaining more experience working with children.\u003c/p>\n\u003cp>“I know as long as I follow the track, it will eventually pay off in the end,” she said.\u003c/p>\n\u003cp>\u003cem>Carmen González is a fellow with the \u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">CalMatters College Journalism Network\u003c/a>, a collaboration between CalMatters and student journalists from across California. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Our global goal is to engage more people in service and have more people work in the community to solve big problems,” said Josh Fryday, California’s chief service officer, whose office runs College Corps.\u003c/p>\n\u003cp>With 3,200 spots to fill, College Corps has welcomed about 570 fellows who are AB 540 California Dream Act students, meaning they lack legal residency in California but attended high school here and qualify for resident tuition. It launched the same week that a federal appeals court ruled that Deferred Action for Childhood Arrivals, a program that gives work permits and protection from deportation to some undocumented students who arrived in the country as children, violates immigration law.\u003c/p>\n\u003cp>The \u003ca href=\"https://calmatters.org/immigration/2020/06/supreme-court-daca-decision-trump-dreamers/\">ongoing legal battles over DACA\u003c/a> have ratcheted up stress for undocumented students. In a 2020 survey of about 1,300 undocumented college students in California, \u003ca href=\"https://cpb-us-e2.wpmucdn.com/sites.uci.edu/dist/4/3807/files/2020/12/State_Of_Undocumented_Students_2020report.pdf\">96% reported worrying about not having enough money to pay for things\u003c/a>, with 60% worrying a lot of the time, almost always or always.\u003c/p>\n\u003cp>“Historically, unfortunately, service has excluded people. We hope, with this program, that the message that we’re sending from California is clear, which is that we really value our Dreamers,” said Fryday. “We know how much they can contribute to making this world a better place for us all.”\u003c/p>\n\u003cp>Yusbely Delgado Medrano, a student at the University of California, Davis, told CalMatters how thankful she was for opportunities like College Corps. Delgado Medrano has wanted to be a pediatrician since high school, but during her sophomore year, she said, her father told her she might not be able to because of her immigration status. Delgado Medrano persisted, taking advanced placement classes and applying for DACA.\u003c/p>\n\u003cp>“I had my whole life planned,” she said.\u003c/p>\n\u003cp>Then, just before she started at UC Davis, a federal judge blocked new applicants to the DACA program. Delgado Medrano applied for a campus job after being told they accepted AB 540 students like her. But after going through training, she said, she learned she wasn’t eligible.\u003c/p>\n\u003cp>“It was a very upsetting time,” she said.\u003c/p>\n\u003cp>As one of the 2022-2023 College Corps fellows, Delgado Medrano is now creating a program for sixth grade students in local schools. “Our mission is to encourage low-income students to go into college,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11928604\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11928604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-800x534.png\" alt=\"Several people wearing white t-shirts in an auditorium applaud.\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-800x534.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-1020x680.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-160x107.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM-1536x1025.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/Screen-Shot-2022-10-12-at-12.47.46-PM.png 1544w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">College Corps fellows applaud speakers during their swearing-in ceremony in Sacramento on Oct. 7, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before California put in place policies to support undocumented students who wanted to attend college, students had to come up with creative ways to pay for their education, said Eric Yang, coordinator of UC Riverside’s Undocumented Student Programs. Those included crowdfunding and seeking out private scholarships that did not require citizenship.\u003c/p>\n\u003cp>“It was basically the Wild, Wild West, where everybody was sort of on their own,” Yang said. “Even though many people were going through the same thing, there just wasn’t enough unification across the institutions and in the state.”\u003c/p>\n\u003cp>That drastically changed with the passing of Assembly Bill 540 in 2001, exempting some students who attended California high schools but were not legal California residents from paying nonresident tuition at public universities. The 2011 California Dream Act made those same students eligible for state financial aid.\u003c/p>\n\u003cp>Yet undocumented students still struggle financially. Student centers for undocumented students across universities work with local nonprofits and their own institutions to disseminate information about professional opportunities through flyers, social media or just word of mouth.\u003c/p>\n\u003cp>“Some (undocumented students) will pay out of pocket, with potential work under the table,” said Yang.\u003c/p>\n\u003cp>In 2019, the California Student Aid Commission launched the California Dream Act Service Incentive Grant Program, allowing lower-income California Dream Act students with a minimum high school GPA of 2.00 to perform community service and receive as much as $2,250 per semester.\u003c/p>\n\u003cp>The program had space for 2,500 students, but \u003ca href=\"https://lao.ca.gov/Publications/Report/4548\">only 100 had signed up by fall of 2021\u003c/a>, according to a report from the California Legislative Analyst’s Office. The pandemic had disrupted service opportunities, and students might have been looking for higher-paying gigs, the report found. This program is now merging with College Corps.\u003c/p>\n\u003cp>College Corps was intentional about working with trusted messengers to reach the undocumented community, said Fryday.\u003c/p>\n\u003cp>“We did a lot of outreach in multiple languages,” he said. “We did a lot of specific Spanish earned media and interviews to make sure that we’re reaching parents of these students, which we found to be a very effective way to motivate students.”\u003c/p>\n\u003cp>College Corps hopes to use its success as leverage to get the state Legislature to expand the program to more college campuses, Fryday said.\u003c/p>\n\u003cp>Delgado Medrano said it’s sometimes hard navigating the maze of career preparation and figuring out which opportunities are open to AB 540 students. “I wish I could live my life without these small things. I wish I could enjoy my time at Davis. But I can’t because I have to read the fine print,” she said.\u003c/p>\n\u003cp>Still, she hasn’t given up on her goal of becoming a pediatrician. Because she wouldn’t qualify for a medical license now, she said, she plans to start by getting her master’s degree in counseling or psychology and gaining more experience working with children.\u003c/p>\n\u003cp>“I know as long as I follow the track, it will eventually pay off in the end,” she said.\u003c/p>\n\u003cp>\u003cem>Carmen González is a fellow with the \u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">CalMatters College Journalism Network\u003c/a>, a collaboration between CalMatters and student journalists from across California. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/news/2022/09/16/she-fought-racism-in-early-hollywood-now-shell-be-the-first-asian-american-on-us-currency/\">\u003cstrong>She Fought Racism in Early Hollywood. Now She’ll Be the First Asian American on US Currency\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>The pioneering Asian American actress Anna May Wong is one of five American women the U.S. Mint is recognizing this year with an image on the American quarter, and the first Asian American to appear on U.S. currency. Wong was born in Los Angeles in 1905, and she grew up helping out at her father’s laundromat. When the film industry moved from New York to Hollywood, she started skipping school to visit movie sets. She would eventually go on to become Hollywood’s first Chinese American movie star. Wong fought the ever-present obstacle of institutional racism in the film industry to forge a remarkable career that spanned 40 years. Host Sasha Khokha talks about Wong’s legacy with Nancy Wang Yeun, a sociologist and expert on race in Hollywood.\u003c/p>\n\u003cp>\u003cstrong>Lost in Translation\u003c/strong>\u003c/p>\n\u003cp>What is it like to talk about your gender identity in different languages? What happens when the pronouns for “he” and “she” in a particular language are similar, or even identical? We meet Emmett Chen-Ran, who decided during his senior year of high school to tell his parents he is transgender. While he grappled with whether they would accept and understand him, there was another challenge: deciding what language he should use to tell them – English or Chinese? The California Report Magazine’s former intern Izzy Bloom and reporter Elena Neale-Sacks bring us this story, which first aired on \u003ca href=\"https://www.npr.org/transcripts/1115176145\">NPR’s Code Switch\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/news/2022/09/16/she-fought-racism-in-early-hollywood-now-shell-be-the-first-asian-american-on-us-currency/\">\u003cstrong>She Fought Racism in Early Hollywood. Now She’ll Be the First Asian American on US Currency\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>The pioneering Asian American actress Anna May Wong is one of five American women the U.S. Mint is recognizing this year with an image on the American quarter, and the first Asian American to appear on U.S. currency. Wong was born in Los Angeles in 1905, and she grew up helping out at her father’s laundromat. When the film industry moved from New York to Hollywood, she started skipping school to visit movie sets. She would eventually go on to become Hollywood’s first Chinese American movie star. Wong fought the ever-present obstacle of institutional racism in the film industry to forge a remarkable career that spanned 40 years. Host Sasha Khokha talks about Wong’s legacy with Nancy Wang Yeun, a sociologist and expert on race in Hollywood.\u003c/p>\n\u003cp>\u003cstrong>Lost in Translation\u003c/strong>\u003c/p>\n\u003cp>What is it like to talk about your gender identity in different languages? What happens when the pronouns for “he” and “she” in a particular language are similar, or even identical? We meet Emmett Chen-Ran, who decided during his senior year of high school to tell his parents he is transgender. While he grappled with whether they would accept and understand him, there was another challenge: deciding what language he should use to tell them – English or Chinese? The California Report Magazine’s former intern Izzy Bloom and reporter Elena Neale-Sacks bring us this story, which first aired on \u003ca href=\"https://www.npr.org/transcripts/1115176145\">NPR’s Code Switch\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">More than a dozen California members of Congress called this week on the Biden administration to investigate a civil liberties complaint by immigrant detainees who allege they have been punished — including with solitary confinement — for participating in a peaceful labor strike at two for-profit facilities around Bakersfield. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In their \u003c/span>\u003cspan style=\"font-weight: 400\">letter\u003c/span>\u003cspan style=\"font-weight: 400\"> to the heads of the U.S. Department of Homeland Security, as well as Immigration and Customs Enforcement, \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/9.14.22%20-%20ICE%20CA%20Facility%20Follow%20up%20Letter%20Final.pdf\">the lawmakers said it’s critical for these agencies to conduct a review\u003c/a> of reported “disturbing conditions and abusive and retaliatory behavior towards detainees.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We want a complete investigation,” Zoe Lofgren (D-San José), who chairs the House Subcommittee on Immigration and Citizenship, told KQED. “If they determine that these allegations are correct, we believe that the contract for these facilities should be terminated.”\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Pedro Figueroa, detainee, Mesa Verde ICE Processing Center\"]‘We’re the ones that have to experience the mistreatment or even retaliation when we do speak up.’[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nine men detained at the Mesa Verde ICE Processing Center and Golden State Annex, which are operated by the prison company The GEO Group, \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">filed a complaint\u003c/a> Tuesday with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Six of them said ICE and GEO staff placed them in solitary confinement because they supported a months-long labor strike seeking California’s minimum wage, instead of the $1 a day detainees are paid to clean dorms and bathrooms at the facilities. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The men also allege officials engaged in retaliation by taking away access to commissary items, and declined to investigate other grievances by detainees. The complaint was submitted by the California Collaborative for Immigrant Justice, the ACLU of Northern California and other immigrant rights organizations.\u003c/span>[aside postID=\"news_11923753,news_11919161,news_11923465\" label=\"Related Posts\"]This week, detainees at a third privately run facility in Calexico complained to DHS’s civil rights office that \u003ca href=\"https://www.ccijustice.org/laf-09-13\">they were locked up in solitary confinement for voicing concerns about poor conditions\u003c/a>, which the operating company, Management and Training Corporation, denies. That detention center, Imperial Regional Detention Facility\u003cb data-stringify-type=\"bold\">,\u003c/b> was flagged in 2020 by \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2020-12/OIG-21-12-Dec20.pdf\">agency inspectors who found two detainees had been kept in isolation for more than 300 days\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This comes as Gov. Gavin Newsom is considering AB 2632, a bill approved by state lawmakers that would significantly restrict the use of solitary confinement for all incarcerated people, including immigrant detainees. If signed by Newsom, the bill would align California with United Nations rules that say prolonged solitary confinement lasting longer than 15 days can amount to torture and should be banned in most cases. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One complainant held at Mesa Verde, Mohamed Mousa, \u003c/span>\u003cspan style=\"font-weight: 400\">told KQED\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\"> he was forced to remain in solitary confinement for more than 40 days\u003c/a> beginning in late June, shortly after he joined the work stoppage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another striker at the facility, Pedro Figueroa, said he was isolated for more than a week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re the ones that have to experience the mistreatment or even retaliation when we do speak up,” said Figueroa, 33, who also signed on to \u003ca href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft\">a recent lawsuit accusing GEO of systemic wage theft and forced labor\u003c/a>, which the company denies.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If we allow it, then they just get away with it,” Figueroa added. “But we are humans. We shouldn’t allow those things, so we have to speak up.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Both men were moved to segregation under charges of “inciting or engaging in a demonstration,” as well as “conduct that disrupts/interferes with the security or operation of the facility,” according to GEO documents reviewed by KQED.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">ICE arrested Figueroa in 2021 and Mousa in 2019 upon their release from state prisons. Figueroa pled guilty to voluntary manslaughter in 2015, while Mousa’s convictions include felony assault in 2017 and possession of a firearm in 2019. Both men are fighting deportation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to ICE, placing a detainee in segregation is a serious step that should be used only when necessary and after careful consideration of alternatives. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But between 2013 and 2019, the agency recorded more than 13,700 segregation placements nationwide that lasted longer than 14 consecutive days or involved vulnerable detainees, such as those who are pregnant or mentally ill. That figure could be higher, as ICE fails to track the full use of segregation at its more than 200 detention centers across the country, according to a report by DHS’s Office of Inspector General. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\">\u003cspan style=\"font-weight: 400\">ICE has committed to implementing the watchdog agency’s recommendations\u003c/span>\u003c/a> to improve its supervision of solitary confinement by October 31.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal complaint by detainees at Mesa Verde and Golden State requests oversight agencies, including the recently created Office of the Immigration Detention Ombudsman, to recommend disciplinary measures for staffers who undertook or approved the alleged retaliation. Complainants also urged their release from detention, and for ICE to \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-2.pdf\">stop considering participation in a demonstration as a high offense\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A GEO spokesperson vehemently denied the allegations of retaliation, and said the company is committed to ensuring “a safe and humane environment” in all of their facilities, including a total of four detention centers in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed,” the spokesperson said in a statement, adding that the company is required to follow ICE’s strict standards, including for the use of segregation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“These baseless \u003c/span>\u003cspan style=\"font-weight: 400\">allegations are being instigated \u003c/span>\u003cspan style=\"font-weight: 400\">by politically motivated individuals and groups who use the media to promote their anti-detention agenda,” they said. “Their efforts are part of a long-standing radical campaign to attack ICE contractors, abolish ICE\u003c/span>\u003cspan style=\"font-weight: 400\">, and end \u003c/span>\u003cspan style=\"font-weight: 400\">federal immigration detention by pro\u003c/span>\u003cspan style=\"font-weight: 400\">xy.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The GEO spokesperson has repeatedly denied that a labor strike is taking place at the facilities, arguing that the work program is voluntary and in compliance with ICE’s guidelines that detainees be compensated “at least” $1 per workday. \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4726&context=caselrev\">Congress can change the rate, but hasn’t done so since 1978.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An ICE spokesperson did not comment directly on the complaint or the letter by lawmakers, but said the agency takes allegations of misconduct very seriously. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“\u003c/span>\u003cspan style=\"font-weight: 400\">When a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards, which ICE is required to follow, are strictly maintained, and enforced,” the spokesperson wrote in a statement. “ICE fully respects the rights of all people to voice their opinion without interference, including through peaceful assembly and protest.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DHS did not immediately return a request for comment. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">More than a dozen California members of Congress called this week on the Biden administration to investigate a civil liberties complaint by immigrant detainees who allege they have been punished — including with solitary confinement — for participating in a peaceful labor strike at two for-profit facilities around Bakersfield. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In their \u003c/span>\u003cspan style=\"font-weight: 400\">letter\u003c/span>\u003cspan style=\"font-weight: 400\"> to the heads of the U.S. Department of Homeland Security, as well as Immigration and Customs Enforcement, \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/9.14.22%20-%20ICE%20CA%20Facility%20Follow%20up%20Letter%20Final.pdf\">the lawmakers said it’s critical for these agencies to conduct a review\u003c/a> of reported “disturbing conditions and abusive and retaliatory behavior towards detainees.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We want a complete investigation,” Zoe Lofgren (D-San José), who chairs the House Subcommittee on Immigration and Citizenship, told KQED. “If they determine that these allegations are correct, we believe that the contract for these facilities should be terminated.”\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nine men detained at the Mesa Verde ICE Processing Center and Golden State Annex, which are operated by the prison company The GEO Group, \u003ca href=\"https://www.ccijustice.org/laf-09-12-2022-mv-gsa\">filed a complaint\u003c/a> Tuesday with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Six of them said ICE and GEO staff placed them in solitary confinement because they supported a months-long labor strike seeking California’s minimum wage, instead of the $1 a day detainees are paid to clean dorms and bathrooms at the facilities. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The men also allege officials engaged in retaliation by taking away access to commissary items, and declined to investigate other grievances by detainees. The complaint was submitted by the California Collaborative for Immigrant Justice, the ACLU of Northern California and other immigrant rights organizations.\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>This week, detainees at a third privately run facility in Calexico complained to DHS’s civil rights office that \u003ca href=\"https://www.ccijustice.org/laf-09-13\">they were locked up in solitary confinement for voicing concerns about poor conditions\u003c/a>, which the operating company, Management and Training Corporation, denies. That detention center, Imperial Regional Detention Facility\u003cb data-stringify-type=\"bold\">,\u003c/b> was flagged in 2020 by \u003ca href=\"https://www.oig.dhs.gov/sites/default/files/assets/2020-12/OIG-21-12-Dec20.pdf\">agency inspectors who found two detainees had been kept in isolation for more than 300 days\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This comes as Gov. Gavin Newsom is considering AB 2632, a bill approved by state lawmakers that would significantly restrict the use of solitary confinement for all incarcerated people, including immigrant detainees. If signed by Newsom, the bill would align California with United Nations rules that say prolonged solitary confinement lasting longer than 15 days can amount to torture and should be banned in most cases. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One complainant held at Mesa Verde, Mohamed Mousa, \u003c/span>\u003cspan style=\"font-weight: 400\">told KQED\u003c/span>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\"> he was forced to remain in solitary confinement for more than 40 days\u003c/a> beginning in late June, shortly after he joined the work stoppage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another striker at the facility, Pedro Figueroa, said he was isolated for more than a week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re the ones that have to experience the mistreatment or even retaliation when we do speak up,” said Figueroa, 33, who also signed on to \u003ca href=\"https://www.kqed.org/news/11919749/ice-detainees-making-1-a-day-sue-over-alleged-wage-theft\">a recent lawsuit accusing GEO of systemic wage theft and forced labor\u003c/a>, which the company denies.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If we allow it, then they just get away with it,” Figueroa added. “But we are humans. We shouldn’t allow those things, so we have to speak up.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Both men were moved to segregation under charges of “inciting or engaging in a demonstration,” as well as “conduct that disrupts/interferes with the security or operation of the facility,” according to GEO documents reviewed by KQED.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">ICE arrested Figueroa in 2021 and Mousa in 2019 upon their release from state prisons. Figueroa pled guilty to voluntary manslaughter in 2015, while Mousa’s convictions include felony assault in 2017 and possession of a firearm in 2019. Both men are fighting deportation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to ICE, placing a detainee in segregation is a serious step that should be used only when necessary and after careful consideration of alternatives. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But between 2013 and 2019, the agency recorded more than 13,700 segregation placements nationwide that lasted longer than 14 consecutive days or involved vulnerable detainees, such as those who are pregnant or mentally ill. That figure could be higher, as ICE fails to track the full use of segregation at its more than 200 detention centers across the country, according to a report by DHS’s Office of Inspector General. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11923753/ice-overusing-solitary-confinement-in-california-lawmakers-worry\">\u003cspan style=\"font-weight: 400\">ICE has committed to implementing the watchdog agency’s recommendations\u003c/span>\u003c/a> to improve its supervision of solitary confinement by October 31.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal complaint by detainees at Mesa Verde and Golden State requests oversight agencies, including the recently created Office of the Immigration Detention Ombudsman, to recommend disciplinary measures for staffers who undertook or approved the alleged retaliation. Complainants also urged their release from detention, and for ICE to \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/2-2.pdf\">stop considering participation in a demonstration as a high offense\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A GEO spokesperson vehemently denied the allegations of retaliation, and said the company is committed to ensuring “a safe and humane environment” in all of their facilities, including a total of four detention centers in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“GEO has a zero-tolerance policy with respect to staff misconduct. Any alleged misconduct by GEO staff is promptly investigated and addressed,” the spokesperson said in a statement, adding that the company is required to follow ICE’s strict standards, including for the use of segregation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“These baseless \u003c/span>\u003cspan style=\"font-weight: 400\">allegations are being instigated \u003c/span>\u003cspan style=\"font-weight: 400\">by politically motivated individuals and groups who use the media to promote their anti-detention agenda,” they said. “Their efforts are part of a long-standing radical campaign to attack ICE contractors, abolish ICE\u003c/span>\u003cspan style=\"font-weight: 400\">, and end \u003c/span>\u003cspan style=\"font-weight: 400\">federal immigration detention by pro\u003c/span>\u003cspan style=\"font-weight: 400\">xy.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The GEO spokesperson has repeatedly denied that a labor strike is taking place at the facilities, arguing that the work program is voluntary and in compliance with ICE’s guidelines that detainees be compensated “at least” $1 per workday. \u003ca href=\"https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4726&context=caselrev\">Congress can change the rate, but hasn’t done so since 1978.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An ICE spokesperson did not comment directly on the complaint or the letter by lawmakers, but said the agency takes allegations of misconduct very seriously. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“\u003c/span>\u003cspan style=\"font-weight: 400\">When a complaint is received, it is investigated thoroughly to determine veracity and ensure comprehensive standards, which ICE is required to follow, are strictly maintained, and enforced,” the spokesperson wrote in a statement. “ICE fully respects the rights of all people to voice their opinion without interference, including through peaceful assembly and protest.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DHS did not immediately return a request for comment. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun",
"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job",
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"headTitle": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job | KQED",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='california-workers']“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>[aside postID=\"news_11878134\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49883_GettyImages-1270893851-qut-1020x680.jpg\"]“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>[aside postID=\"news_11875988\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49630_GettyImages-1231067411-qut-1020x600.jpg\"]\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A step-by-step guide to asking your employer for protections against the heat. California law mandates protections for all outdoor workers — regardless of immigration status or work arrangement.",
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"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session",
"title": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session",
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"headTitle": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session | KQED",
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"content": "\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"vision-act\"]“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n",
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"excerpt": "The so-called VISION Act, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate.",
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"title": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session | KQED",
"description": "The so-called VISION Act, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate.",
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"headline": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California’s existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration hold\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"California Assemblymember Wendy Carrillo\"]‘If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.’[/pullquote]The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we’re always proud to say that we’re the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we’re not the first, because other states have already taken care of this issue. … It’s time for us to act.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda, Los Angeles resident\"]‘I thought I would never say this, but prison is better than this place.’[/pullquote]Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there’s classes, there’s things to do. … Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I’m granting clemency. You’re a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that’s so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California’s existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration hold\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we’re always proud to say that we’re the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we’re not the first, because other states have already taken care of this issue. … It’s time for us to act.”\u003c/p>\u003c/div>",
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"content": "\u003cp>A multibillion-dollar private prison company has allegedly maximized profits by coercing immigrant detainees locked up at two of its facilities in California to work for $1 a day, according to a class-action lawsuit filed July 13 in federal court in Fresno.\u003c/p>\n\u003cp>The \u003ca href=\"https://drive.google.com/file/d/1qODBJRe2MOSHmTL0MIru7NG2lyKfcJ_R/view\" target=\"_blank\" rel=\"noopener noreferrer\">legal challenge\u003c/a> accuses The GEO Group, a long-time contractor for U.S. Immigration and Customs Enforcement, with “systematic and unlawful wage theft, unjust enrichment and forced labor” at the Mesa Verde ICE Processing Facility in Bakersfield and the nearby Golden State Annex in McFarland.\u003c/p>\n\u003cp>The plaintiffs — nine ICE detainees who brought the lawsuit on behalf of other immigrants also jailed at the facilities — seek to recover unpaid wages, and for GEO to compensate its detained workforce with at least California’s minimum wage of $15 per hour.\u003c/p>\n\u003cp>GEO pays the paltry daily rate of $1 to detainees who volunteer to clean dormitories and dining halls, do laundry, assist detainees with disabilities and do other tasks to maintain the facilities, according to the lawsuit.\u003c/p>\n\u003cp>“We are civilians, we are being employed like this and I believe the right thing to do is give us what California has decided as its minimum wage to employees,” said Pedro Figueroa, 33, who until recently swept floors and scrubbed bathrooms at Mesa Verde for 40 hours per week. “We are fed up with all the injustices here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some detainees say they participate in the cleaning program to be able to afford phone calls with loved ones or commissary items, like dental floss and tortillas, which are not provided by the facility. The lawsuit argues that the program is not truly voluntary because GEO staffers may threaten or punish detainees with disciplinary action or loss of recreation, commissary, library and telephone access if they protest the inadequate pay, according to Gay Grunfeld, one of the attorneys representing the plaintiffs. [pullquote size=\"medium\" align=\"right\" citation=\"Gay Grunfeld, attorney\"]‘It’s shocking. These workers are forced to do an eight-hour shift for $1 a day.’[/pullquote]\u003c/p>\n\u003cp>“They are being forced to work under threat of sanctions,” said Grunfeld of the San Francisco law firm Rosen Bien Galvan & Grunfeld. “It’s shocking. These workers are forced to do an eight-hour shift for $1 a day. So that’s a blatant violation of California minimum wage laws and other labor protections.”\u003c/p>\n\u003cp>The complaint comes after Figueroa and other detainees joined a months-long labor strike by immigrants held at the two GEO-run detention centers to protest wages, unfair treatment and other issues, according to immigrant advocates.\u003c/p>\n\u003cp>Figueroa, the father of four children who are U.S. citizens, \u003ca href=\"https://www.kqed.org/news/11919161/ice-detainees-protested-1-a-day-wage-now-theyre-in-solitary-confinement\">was held in a small, windowless cell for about a week\u003c/a> at Mesa Verde, which he said was retaliation for backing the work stoppage.[aside postID=news_11919161]Mohamed Mousa, a detainee who announced his support for the strike on June 28, remains in solitary confinement at the facility after more than two weeks, according to his attorney, Kelsey Morales, with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Additional court cases in California and other states allege GEO and other for-profit operators of immigration detention centers have engaged in forced labor and minimum wage violations. 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"content": "\u003cp>\u003cstrong>Update, 5 p.m. July 11: \u003c/strong>Mesa Verde ICE Processing Center staff moved Pedro Figueroa out of solitary confinement on July 8, shortly after KQED published this story, according to his attorney. Mohamed Mousa remains in what’s officially known as “administrative segregation,” his attorney said. Both men were found guilty of “inciting or engaging in a demonstration,” charges allegedly related to a monthslong labor strike by immigration detainees seeking higher wages.\u003c/p>\n\u003cp>A spokesman with The GEO Group, which operates the immigration detention center, declined to confirm the status of the men, and referred questions to ICE. The agency did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cstrong>Original story, July 8:\u003c/strong>\u003cbr>\nTwo immigrant detainees have been held in solitary confinement for over a week for backing a labor strike seeking better wages and conditions at the privately run facility where they are held in Bakersfield, the men told KQED.\u003c/p>\n\u003cp>The alleged retaliation fuels fear and intimidation, according to interviews with the men, their attorneys and advocates.\u003c/p>\n\u003cp>Mohamed Mousa and Pedro Figueroa said they were moved to a restricted housing unit after signing a declaration on June 28 that they and 15 others were joining a months-long peaceful work stoppage by U.S. Immigration and Customs Enforcement detainees who are paid $1 a day to clean dormitories and bathrooms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Pedro Figueroa, ICE detainee\"]‘I chose not to work and voice my opinion respectfully, and that’s within my right … What did I do wrong?’[/pullquote]Employees with The GEO Group, a large private prison company that operates the Mesa Verde ICE Processing Center in Bakersfield, transferred the men separately to “administrative segregation” on June 29 and June 30, according to GEO forms viewed by KQED.\u003c/p>\n\u003cp>“This is what they’re doing to retaliate against people who speak up. This is what they’re doing to intimidate us, which I am intimidated,” Figueroa, 33, said by phone as he sat in what he described as a small, windowless cell detainees refer to as “the hole.”\u003c/p>\n\u003cp>“I chose not to work and voice my opinion respectfully, and that’s within my right,” added Figueroa, a former incarcerated firefighter who battled the massive August Complex fire in 2020. “I’m trying to understand, what did I do wrong?”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Documents show GEO staffers charged Figueroa and Mousa with “inciting or engaging in a demonstration” and “conduct that disrupts/interferes with the security or operation of the facility.” Both are \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/pbnds2011r2016.pdf\">labeled as high offenses under ICE guidelines\u003c/a> for the detention center.\u003c/p>\n\u003cp>Figueroa and Mousa said they are kept in their cells — about 6 by 12 feet, with a sink, toilet and a cot — for 22 hours a day or longer.\u003c/p>\n\u003cp>“It gives you anxiety, raises your stress level. It raises your depression level,” said Mousa, a 41-year-old immigrant from Egypt and former film student in Los Angeles. “It’s a terrible place to be. It’s like they dig a grave and throw you in.”\u003c/p>\n\u003cp>Upon request, Mousa and Figueroa have access to a phone and an electronic tablet, which guards push through a slit in the room’s metal door. Calls and entertainment, such as music or books, may cost anywhere between $0.03 and $0.11 per minute, the detainees said.\u003c/p>\n\u003cp>A spokesperson for GEO, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">which reported total revenues of $551 million in the first quarter of 2022\u003c/a>, rebuffed allegations that the detainees are being punished for protesting their working and living conditions.\u003c/p>\n\u003cp>The strikers, including more than a dozen so-called “housing porters,” are calling for California’s $15 per hour minimum wage, fair treatment by Mesa Verde’s administration and more nutritious meals, among other demands. Some detainees at the facility have refused to work since April 28, but their demands have been largely ignored by GEO and ICE, said Esperanza Cuautle, a community organizer with Pangea Legal Services.\u003c/p>\n\u003cfigure id=\"attachment_11919181\" class=\"wp-caption alignright\" style=\"max-width: 648px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919181\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg\" alt=\"a smiling bald man holds a chainsaw wearing work clothing\" width=\"648\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg 648w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp-160x251.jpeg 160w\" sizes=\"(max-width: 648px) 100vw, 648px\">\u003cfigcaption class=\"wp-caption-text\">Pedro Figueroa poses at the Antelope Fire camp in Siskiyou County in 2021. When he was incarcerated, before his ICE detention, Figueroa won a spot in the California Department of Corrections and Rehabilitation’s fire camp program, and helped battle wildfires. \u003ccite>(Courtesy of the Figueroa family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO spokesperson repeatedly denied a labor strike is taking place at Mesa Verde and \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">Golden State Annex, a nearby detention center also operated by the multinational company\u003c/a>, arguing that the detained workers are part of a voluntary program. But he declined to answer what demonstration or disruption the detainees were charged with engaging in.\u003c/p>\n\u003cp>“We continue to strongly reject these baseless allegations,” said the spokesperson for the Florida-based company. “Our facilities, including the Mesa Verde ICE Processing Center, provide high-quality services in accordance with all federal contract requirements.\u003c/p>\n\u003cp>“The Mesa Verde ICE Processing Center is maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants.”\u003c/p>\n\u003cp>Mesa Verde currently detains 51 men, according to \u003ca href=\"https://www.ice.gov/detain/detention-management\">ICE’s most recent detention statistics\u003c/a>. Figueroa and Mousa were arrested by the agency after being released from state prisons for felony convictions, according to court records and their attorneys.\u003c/p>\n\u003cp>Figueroa, however, felt no choice but to take a plea deal and continues to maintain his innocence, according to his lawyer, Katie Kavanagh, with the California Collaborative for Immigrant Justice.\u003c/p>\n\u003cp>Mousa entered the U.S. lawfully in 2006, and has since been granted protections against deportation by two separate immigration judges, but ICE has appealed, said Kelsey Morales, an immigration attorney with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Figueroa, the father of four children born in the U.S., was brought to the country as a baby. He grew up in Orange County, according to Kavanagh.\u003c/p>\n\u003cp>Detainees often opt to work for $1 a day to help their families afford what they describe as costly phone calls and commissary items such as dental floss and tortillas — and to ensure clean living areas, which they say no other janitorial service maintains at Mesa Verde.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Eunice Cho, attorney, ACLU\"]‘These private prison companies are profiting by millions of dollars every year by using these volunteer work programs.’[/pullquote]In California, immigrant detainees paid $1 a day in privately run facilities are entitled to pursue civil remedy for unpaid wages, and are considered “employees” based on a ruling by a federal judge in 2018, said Christina Cano, a spokesperson with the Department of Industrial Relations, which oversees the enforcement of minimum wage laws.\u003c/p>\n\u003cp>Nationwide, for-profit operators of immigration detention centers commonly use the voluntary work program to do cleaning, maintenance, laundry and other tasks that keep facilities running, saving money on labor costs, according to Eunice Cho, an attorney with the ACLU National Prison Project in Washington, D.C.\u003c/p>\n\u003cp>“These private prison companies are profiting by millions of dollars every year by using these volunteer work programs,” Cho said. “Private prison companies have often used punishment to ask for more people to perform labor, doing things like threatening and putting people into solitary confinement, denying food.”\u003c/p>\n\u003cp>Courts in California, Washington and other states are currently deciding whether these labor practices constitute illegal forced labor or minimum wage law violations, and whether companies like GEO are accountable, according to Cho.\u003c/p>\n\u003cp>[aside postID=news_11917597 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/06/GoldenStateAnnex-1020x698.jpg']Moreover, immigrants who are detained by the federal government while they fight deportation — a civil, not criminal proceeding — have the right to freedom of speech, she added.\u003c/p>\n\u003cp>“It’s long settled that the First Amendment prohibits the use of solitary confinement as punishment for speaking up against conditions of confinement in prisons and detention centers,” Cho said.\u003c/p>\n\u003cp>It’s unclear whether ICE agrees. ICE did not return requests for comment on the rule, the labor strike or retaliation allegations.\u003c/p>\n\u003cp>But the reports of potentially exploitative work and retaliation at Mesa Verde are “alarming,” said a spokesperson for U.S. Senator Alex Padilla, D-Calif.\u003c/p>\n\u003cp>“Our office is working to gather additional information and ensure there is proper oversight,” she said in a statement.\u003c/p>\n\u003cp>Likewise, South Bay Congressmember Zoe Lofgren, D-San José, who chairs the Subcommittee on Immigration and Citizenship, said she has “long been concerned” about immigration authorities’ use of for-profit prisons and conditions for detainees.\u003c/p>\n\u003cp>“These new allegations are troubling, yet sadly unsurprising,” said Lofgren, who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">led 22 Democratic colleagues in urging the Biden administration to close three detention centers in California\u003c/a>, including one operated by GEO. “I take these allegations seriously and expect a complete and thorough investigation.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 5 p.m. July 11: \u003c/strong>Mesa Verde ICE Processing Center staff moved Pedro Figueroa out of solitary confinement on July 8, shortly after KQED published this story, according to his attorney. Mohamed Mousa remains in what’s officially known as “administrative segregation,” his attorney said. Both men were found guilty of “inciting or engaging in a demonstration,” charges allegedly related to a monthslong labor strike by immigration detainees seeking higher wages.\u003c/p>\n\u003cp>A spokesman with The GEO Group, which operates the immigration detention center, declined to confirm the status of the men, and referred questions to ICE. The agency did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cstrong>Original story, July 8:\u003c/strong>\u003cbr>\nTwo immigrant detainees have been held in solitary confinement for over a week for backing a labor strike seeking better wages and conditions at the privately run facility where they are held in Bakersfield, the men told KQED.\u003c/p>\n\u003cp>The alleged retaliation fuels fear and intimidation, according to interviews with the men, their attorneys and advocates.\u003c/p>\n\u003cp>Mohamed Mousa and Pedro Figueroa said they were moved to a restricted housing unit after signing a declaration on June 28 that they and 15 others were joining a months-long peaceful work stoppage by U.S. Immigration and Customs Enforcement detainees who are paid $1 a day to clean dormitories and bathrooms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Employees with The GEO Group, a large private prison company that operates the Mesa Verde ICE Processing Center in Bakersfield, transferred the men separately to “administrative segregation” on June 29 and June 30, according to GEO forms viewed by KQED.\u003c/p>\n\u003cp>“This is what they’re doing to retaliate against people who speak up. This is what they’re doing to intimidate us, which I am intimidated,” Figueroa, 33, said by phone as he sat in what he described as a small, windowless cell detainees refer to as “the hole.”\u003c/p>\n\u003cp>“I chose not to work and voice my opinion respectfully, and that’s within my right,” added Figueroa, a former incarcerated firefighter who battled the massive August Complex fire in 2020. “I’m trying to understand, what did I do wrong?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Documents show GEO staffers charged Figueroa and Mousa with “inciting or engaging in a demonstration” and “conduct that disrupts/interferes with the security or operation of the facility.” Both are \u003ca href=\"https://www.ice.gov/doclib/detention-standards/2011/pbnds2011r2016.pdf\">labeled as high offenses under ICE guidelines\u003c/a> for the detention center.\u003c/p>\n\u003cp>Figueroa and Mousa said they are kept in their cells — about 6 by 12 feet, with a sink, toilet and a cot — for 22 hours a day or longer.\u003c/p>\n\u003cp>“It gives you anxiety, raises your stress level. It raises your depression level,” said Mousa, a 41-year-old immigrant from Egypt and former film student in Los Angeles. “It’s a terrible place to be. It’s like they dig a grave and throw you in.”\u003c/p>\n\u003cp>Upon request, Mousa and Figueroa have access to a phone and an electronic tablet, which guards push through a slit in the room’s metal door. Calls and entertainment, such as music or books, may cost anywhere between $0.03 and $0.11 per minute, the detainees said.\u003c/p>\n\u003cp>A spokesperson for GEO, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">which reported total revenues of $551 million in the first quarter of 2022\u003c/a>, rebuffed allegations that the detainees are being punished for protesting their working and living conditions.\u003c/p>\n\u003cp>The strikers, including more than a dozen so-called “housing porters,” are calling for California’s $15 per hour minimum wage, fair treatment by Mesa Verde’s administration and more nutritious meals, among other demands. Some detainees at the facility have refused to work since April 28, but their demands have been largely ignored by GEO and ICE, said Esperanza Cuautle, a community organizer with Pangea Legal Services.\u003c/p>\n\u003cfigure id=\"attachment_11919181\" class=\"wp-caption alignright\" style=\"max-width: 648px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919181\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg\" alt=\"a smiling bald man holds a chainsaw wearing work clothing\" width=\"648\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp.jpeg 648w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57176_Pedro_Firecamp-160x251.jpeg 160w\" sizes=\"(max-width: 648px) 100vw, 648px\">\u003cfigcaption class=\"wp-caption-text\">Pedro Figueroa poses at the Antelope Fire camp in Siskiyou County in 2021. When he was incarcerated, before his ICE detention, Figueroa won a spot in the California Department of Corrections and Rehabilitation’s fire camp program, and helped battle wildfires. \u003ccite>(Courtesy of the Figueroa family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The GEO spokesperson repeatedly denied a labor strike is taking place at Mesa Verde and \u003ca href=\"https://www.kqed.org/news/11917597/immigrant-detainees-strike-over-working-conditions-california-regulators-investigate\">Golden State Annex, a nearby detention center also operated by the multinational company\u003c/a>, arguing that the detained workers are part of a voluntary program. But he declined to answer what demonstration or disruption the detainees were charged with engaging in.\u003c/p>\n\u003cp>“We continue to strongly reject these baseless allegations,” said the spokesperson for the Florida-based company. “Our facilities, including the Mesa Verde ICE Processing Center, provide high-quality services in accordance with all federal contract requirements.\u003c/p>\n\u003cp>“The Mesa Verde ICE Processing Center is maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants.”\u003c/p>\n\u003cp>Mesa Verde currently detains 51 men, according to \u003ca href=\"https://www.ice.gov/detain/detention-management\">ICE’s most recent detention statistics\u003c/a>. Figueroa and Mousa were arrested by the agency after being released from state prisons for felony convictions, according to court records and their attorneys.\u003c/p>\n\u003cp>Figueroa, however, felt no choice but to take a plea deal and continues to maintain his innocence, according to his lawyer, Katie Kavanagh, with the California Collaborative for Immigrant Justice.\u003c/p>\n\u003cp>Mousa entered the U.S. lawfully in 2006, and has since been granted protections against deportation by two separate immigration judges, but ICE has appealed, said Kelsey Morales, an immigration attorney with the Alameda County Public Defender’s Office.\u003c/p>\n\u003cp>Figueroa, the father of four children born in the U.S., was brought to the country as a baby. He grew up in Orange County, according to Kavanagh.\u003c/p>\n\u003cp>Detainees often opt to work for $1 a day to help their families afford what they describe as costly phone calls and commissary items such as dental floss and tortillas — and to ensure clean living areas, which they say no other janitorial service maintains at Mesa Verde.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Moreover, immigrants who are detained by the federal government while they fight deportation — a civil, not criminal proceeding — have the right to freedom of speech, she added.\u003c/p>\n\u003cp>“It’s long settled that the First Amendment prohibits the use of solitary confinement as punishment for speaking up against conditions of confinement in prisons and detention centers,” Cho said.\u003c/p>\n\u003cp>It’s unclear whether ICE agrees. ICE did not return requests for comment on the rule, the labor strike or retaliation allegations.\u003c/p>\n\u003cp>But the reports of potentially exploitative work and retaliation at Mesa Verde are “alarming,” said a spokesperson for U.S. Senator Alex Padilla, D-Calif.\u003c/p>\n\u003cp>“Our office is working to gather additional information and ensure there is proper oversight,” she said in a statement.\u003c/p>\n\u003cp>Likewise, South Bay Congressmember Zoe Lofgren, D-San José, who chairs the Subcommittee on Immigration and Citizenship, said she has “long been concerned” about immigration authorities’ use of for-profit prisons and conditions for detainees.\u003c/p>\n\u003cp>“These new allegations are troubling, yet sadly unsurprising,” said Lofgren, who \u003ca href=\"https://lofgren.house.gov/media/press-releases/lofgren-correa-ca-dems-urge-dhs-close-three-ice-detention-centers\">led 22 Democratic colleagues in urging the Biden administration to close three detention centers in California\u003c/a>, including one operated by GEO. “I take these allegations seriously and expect a complete and thorough investigation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation",
"title": "Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation",
"publishDate": 1656617513,
"format": "standard",
"headTitle": "Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation | KQED",
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"site": "news"
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>[dropcap]A[/dropcap] pair of boots, shirts and pants.\u003c/p>\n\u003cp>That’s what Samuel left in the room he shared with other field workers at Mauritson Farms in Healdsburg, in the heart of Sonoma County’s wine country, last October.\u003c/p>\n\u003cp>He was heading back to his family in his hometown in Oaxaca, Mexico. The harvest had ended and his H-2A visa would soon expire.\u003c/p>\n\u003cp>He started working at Mauritson Farms in 2019 with an H-2A visa, \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers\">which lets agricultural workers stay in the U.S. for limited periods of time\u003c/a>. The program was modeled off the Bracero Program, which was created in 1942, thanks to an agreement between the U.S. and Mexican governments that brought Mexican workers to American farms. Labor rights groups point out that \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">many of those braceros experienced wage theft, physical abuse and terrible working and living conditions\u003c/a>.\u003c/p>\n\u003cp>Through the H-2A program, Samuel and a group of other young men from towns and rural communities in and around the Sola de Vega district in Oaxaca have come to California for years — from February through October — to work at Mauritson Farms, which owns and controls the vineyards that produce Mauritson Wines.\u003c/p>\n\u003cp>He left his belongings in Healdsburg with plans to come back in 2022. But he was never rehired by Mauritson Farms.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At the end of the 2021 growing season, Samuel and five other workers from Oaxaca spoke up against what \u003ca href=\"#workplace\">they believed to be unfair and unsafe working conditions they had experienced for the past three years\u003c/a>. They said they were asked to work on extremely hot days without adequate protections against the heat, that hours of their pay were docked for unjustified reasons and that they suffered verbal abuse from the foreman who supervised them.\u003c/p>\n\u003cp>With the support of the labor rights group North Bay Jobs With Justice, the group of six workers met with Cameron Mauritson, manager of the vineyard, in October to explain what they were experiencing.\u003c/p>\n\u003cp>“He apologized to us and said he was really sorry that this had happened at his company,” said Kevin, who also was at the meeting and worked alongside Samuel for the same period of time. “He promised that he would hire us again.”\u003c/p>\n\u003cp>For Samuel and Kevin — whose real names KQED is not using due to their fears of employment loss — this promise represented a lot more than a job offer for the next year. It signaled that the group could feel comfortable speaking out against unsafe working conditions and that Mauritson wouldn’t do what they feared the most: retaliate against them by not hiring them again.\u003c/p>\n\u003cp>“We left our things [at Mauritson Farms] believing we would come back,” Samuel said. “But none of it was true.”\u003c/p>\n\u003cfigure id=\"attachment_11918388\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918388 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"A grapevine in a field. The grapes are ripe and ready to pick.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Samuel and Kevin started coming to California in 2019 with H-2A visas. They would come in February and leave at the end of the grape harvest season in October. They now wait in their hometowns in Oaxaca to hear what an ALRB investigation finds. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Out of the six workers who met with Mauritson in October, none was called back to work in 2022, despite their completion of an application with Cierto Global, the company’s third-party recruiter service. Both Samuel and Kevin believe they were not rehired because they told management about unsafe working conditions they were experiencing in Mauritson’s vineyards, a right protected by California labor standards.\u003c/p>\n\u003cp>North Bay Jobs With Justice representatives said they have reached out to Mauritson several times since February without receiving a response. Mauritson also declined KQED’s request for an interview.\u003c/p>\n\u003cp>On February 7, North Bay Jobs With Justice filed an unfair labor practice charge on behalf of the six workers with the California Agricultural Labor Relations Board (ALRB), the state agency that investigates possible workplace abuses in the agricultural industry. The charge \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/3.3.22-ULP-Against-Employer-Mauritson-Farms-Inc..pdf\">states that Mauritson Farms discriminated against the workers\u003c/a> by “refusing to rehire them because they engaged in protected concerted activity.”\u003c/p>\n\u003cp>As the ALRB investigation moves forward, Samuel and Kevin spend their days taking on whatever work they can get in Oaxaca and looking for different farming jobs in the U.S., but with little luck. The window to receive an H-2A visa this year has closed, so they must look for jobs that don’t offer visas. With their remaining savings depleted and families to feed, time is running out to make enough money to survive.\u003c/p>\n\u003cp>California, home to the country’s largest agriculture sector, also has the nation’s third-most H-2A workers. Last year, \u003ca href=\"https://s3.documentcloud.org/documents/22082364/h2a-statistics.pdf\">more than 32,000 H-2A laborers from around the world worked in the state supporting the agriculture industry\u003c/a>. And even though California has an extensive system of agencies and regulations meant to protect these workers, H-2A immigrants are still extremely vulnerable to illegal retaliation by their employers.\u003c/p>\n\u003cp>To bring foreign workers to the U.S., many H-2A employers use a network of both formal and informal recruiters that operate both inside and outside the country. Workers like Samuel and Kevin depend on these recruiters to find jobs in the U.S. and navigate the visa application process.\u003c/p>\n\u003cp>But when a worker speaks up about illegal labor practices, advocates say these recruiters often make sure the worker is blacklisted across the industry — making it harder for these laborers to find another job in the U.S. and for agricultural industry and labor agencies, who only have jurisdiction in the U.S., to enforce anti-retaliation rules.\u003c/p>\n\u003cfigure id=\"attachment_11918390\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11918390\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"Rows of grapevines in a field. In the background, a worker can be seen picking grapes.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than 4,200 laborers from around the world come to work in California with an H-2A visa. Most of them are employed in the agricultural industry. While these workers are protected by the same labor laws as anybody else, labor advocates say they are especially vulnerable to retaliation if they speak up against what they consider to be unfair or unsafe labor practices. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>‘Employers do retaliate’ even though it’s illegal\u003c/h2>\n\u003cp>Cynthia Rice has worked as a labor rights attorney for over 20 years. She’s now the director of litigation, advocacy and training at California Rural Legal Assistance, a nonprofit law firm that provides free legal aid across the state. She’s represented dozens of agricultural workers in cases involving dangerous working conditions, wage theft and retaliation.\u003c/p>\n\u003cp>At the start of each conversation with a new client, she makes one point clear.\u003c/p>\n\u003cp>“Retaliation is illegal,” she said, while adding that, “we never say the employer can’t retaliate against you because of course the employer can retaliate against you. It’s just illegal and employers do retaliate.”\u003c/p>\n\u003cp>Thanks to decades of farmworker- and immigrant-led organizing, California has several agencies that enforce labor laws, including anti-retaliation rules. The ALRB was created after then-Gov. Jerry Brown signed the \u003ca href=\"https://www.alrb.ca.gov/forms-publications/fact-sheets/fact-sheet-english/\">California Agricultural Labor Relations Act\u003c/a> in 1975, which guaranteed collective bargaining rights for farmworkers. Additionally, the \u003ca href=\"https://www.dir.ca.gov/dlse/\">California Labor Commissioner’s Office\u003c/a> investigates underpaid or missing wages, and the \u003ca href=\"https://www.dir.ca.gov/dosh/\">California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) enforces workplace safety rules like \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">heat protections for outdoor workers\u003c/a>.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cynthia Rice, director of litigation, advocacy and training, California Rural Legal Assistance\"]‘We never say the employer can’t retaliate against you because of course the employer can retaliate against you.’[/pullquote]At the federal level, the Department of Labor processes job orders for the H-2A program and enforces employment contracts and the federal laws meant to protect guest workers. The department’s \u003ca href=\"https://www.dol.gov/agencies/whd\">Wage and Hour Division\u003c/a> investigates cases where employers may not be paying their workers properly or failing to provide housing, transportation or meals, \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">which is required by the federal government\u003c/a>.\u003c/p>\n\u003cp>Many immigrant farmworkers Rice has worked with come to her after they’ve been terminated or when they’re about to go back to their home countries after the harvest season. “Then they talk about the hours that were shaved or the meals and restrooms that they didn’t get,” she explained.\u003c/p>\n\u003cp>But waiting until the end of harvest season to file a claim with the ALRB or other labor agencies is usually too late, she said, particularly for H-2A workers who typically have to leave the U.S. soon after. It gives attorneys like Rice very limited time to collect evidence and testimony before the worker heads back to their home country, which usually complicates communication as many H-2A holders come from rural communities in Mexico, Central America and the Caribbean, with limited access to the internet and telephone reception.\u003c/p>\n\u003cp>So why wait until the very last moment to speak up?\u003c/p>\n\u003cp>Retaliation can mean losing your job (and with that, your H-2A visa) after speaking up, but it can also include intimidation or punishment. Samuel remembers when his crew was working the fields in temperatures exceeding 95 degrees. “There were times where we felt so dehydrated that we were going to pass out,” he said. “We felt we wanted to vomit.”\u003c/p>\n\u003cp>[aside postID=\"news_11886628\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50596_019_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg\"]\u003ca id=\"workplace\">\u003c/a>When he’d tell the foreman how he and others were feeling, Samuel said the foreman would laugh at them and tell them to keep working. Kevin said that there were many hot days where the workers didn’t have any of the heat protections required by California law. “When it was 90, 95 degrees, we didn’t have any shady spots to have a glass of water or rest for a bit,” he said.\u003c/p>\n\u003cp>When outside temperatures exceed 80 degrees, \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">Cal/OSHA requires employers to provide their workers with sufficient water, shade and rest\u003c/a>. That means each employee should be able to drink at least one quart of water per hour and request breaks in the shade whenever they feel the need to. But a 2021 NPR investigation found that even with these protections in place, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">nearly four dozen California workers died from heatstroke\u003c/a> and other heat-related illnesses within a 10-year period.\u003c/p>\n\u003cp>Cal/OSHA has stated that heat-related deaths can be prevented, but the agency has struggled with understaffing for years, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">making it harder for it to enforce its rules across California’s thousands of farms\u003c/a>. So in many cases, the responsibility of protecting workers from heat falls solely on the employer.\u003c/p>\n\u003ch2>A network of retaliation in the US — and abroad\u003c/h2>\n\u003cp>A 2020 report by the migrant rights group Centro de los Derechos del Migrante \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">shows that it’s common for H-2A employers nationwide to intimidate workers to exert greater control over them\u003c/a> and prevent them from feeling safe enough to speak up while they’re employed. Out of 100 former H-2A workers the organization spoke to, 100% of them experienced at least one serious legal violation and 94% experienced three or more serious legal violations.\u003c/p>\n\u003cp>Rice from CRLA points out that H-2A employers have an incredible amount of control over workers. An employer \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">must provide housing, meals and transportation to and from the work site\u003c/a>. Because many workers don’t have a U.S. driver’s license or their own vehicle, they also depend on their bosses for transportation to go grocery shopping, to receive medical care and for other essential activities.\u003c/p>\n\u003cp>“A worker who is experiencing bad working conditions can always vote with his or her feet, right?” Rice said. “Well, that’s not true for H-2A workers.”\u003c/p>\n\u003cp>[aside postID=\"news_11886402\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/DSCF1773-1020x680.jpg\"]“The program is really closer to a kind of indentured servitude that we had in prior decades under sharecropper relationships post-emancipation,” she added. “There is such a dependency that the worker has on the employer and you can’t really say that they’re free to engage in activity anywhere else.”\u003c/p>\n\u003cp>Abusive employers can exert control over workers even when they are no longer living in the U.S. In order to find employees, many H-2A employers depend on third-party recruiters that operate all over the world. The recruitment process is rife with abuse, as some recruiters charge workers exorbitant amounts to connect them with American companies, \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">some practice debt bondage and others mislead workers entirely about job opportunities\u003c/a>. Additionally, a 2015 report by the U.S. Government Accountability Office (GAO) \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">found that recruiters often blacklist any worker who speaks up about abuses to their employer\u003c/a>.\u003c/p>\n\u003cp>These recruiters, which range from informal one-person operations to multinational corporations, usually work for several employers spread out across the U.S. So when recruiters blacklist a worker, they’re not just doing so for one employer but potentially for whole sectors of the agriculture industry.\u003c/p>\n\u003cp>Rice has seen this happen several times with clients who spoke up about an employer in one state, only to later have trouble finding a job in other states.\u003c/p>\n\u003cp>“The first thing that the employer does once a worker has complained about wages or working conditions,” she said, “is go back to the recruiter and say, ‘I don’t want to hire this guy next year because they complained about me,’ and that affects not only recruitment for that particular employer, but also for all of the employers that a recruiter has a relationship with.”\u003c/p>\n\u003cp>Even when workers have returned to their countries of origin, the possibility of being blacklisted still exists. In the \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2015 GAO report\u003c/a>, federal officials traveled to Mexico to talk to former H-2A workers and noted that laborers were concerned about being seen talking to U.S. investigators in their hometowns because “people walking by could possibly see and report them to the local recruiter.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Elizabeth Strater, director of strategic campaigns, United Farm Workers\"]‘There is a tremendous amount of control over access to those [H-2A] visas [exerted by recruiters] within the communities of origin.’[/pullquote]The United Farm Workers union, which operates nationwide, also has noticed this phenomenon. Elizabeth Strater, director of strategic campaigns with the UFW, said many Jamaican H-2A workers in the U.S. will stick it out with a bad employer for a whole year just to stay within the recruitment pool for the next year. “There is also a tremendous amount of control over access to those visas [exerted by recruiters] within the communities of origin,” she said.\u003c/p>\n\u003cp>When Mauritson Farms first hired their crew in 2019, Samuel and Kevin say that the company arranged the recruitment process directly, using WhatsApp to coordinate. But in 2022, the vineyard switched to using a third-party recruiter, Cierto Global, a multinational farm labor contractor that was dubbed an “ethical recruiter” by the Biden administration earlier this year.\u003c/p>\n\u003cp>But Samuel and Kevin still worry that they now will have a much harder time finding a job in agriculture in the U.S. “I think [Mauritson] didn’t want any more problems to come up for them anymore,” Kevin said, “so they brought on the recruiter to be more selective.”\u003c/p>\n\u003ch2>Regulating the recruiter network\u003c/h2>\n\u003cp>How can labor officials prevent retaliation by American companies against H-2A workers if it happens outside the U.S.?\u003c/p>\n\u003cp>The GAO report points out that because recruitment happens outside the U.S., there’s very little federal oversight. Although the Department of Homeland Security keeps track of every incoming H-2A immigrant, there’s no federal database that tracks which agents are recruiting them.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ruben Lugo, regional enforcement coordinator, Department of Labor\"]‘Our enforcement authority is just in the United States. We can’t regulate what these third-party recruiters are doing.’[/pullquote]State agencies like California’s ALRB, which is currently investigating the Mauritson case, also have a hard time enforcing anti-retaliation laws in these situations. Regional director Jessica Arciniega shared that these types of situations are difficult for her agency due to jurisdictional limitations, but in certain cases, this sort of retaliation can fit into an ongoing unfair labor practice investigation.\u003c/p>\n\u003cp>“If there is evidence that the recruiter was an agent of the employer, then it may be part of something that we investigate,” she said.\u003c/p>\n\u003cp>At the federal level, Department of Labor officials are constrained by their jurisdiction. “Our enforcement authority is just in the United States. We can’t regulate what these third-party recruiters are doing, let’s just say, in Mexico,” said Ruben Lugo, regional enforcement coordinator.\u003c/p>\n\u003cp>However, Lugo explains, if a group of workers reported a breach of contract to the Department of Labor by their employer, and the following year none of the workers who were cooperating with the investigation were rehired, “then we can clearly discern that these workers were retaliated [against].”\u003c/p>\n\u003cp>In this situation, the federal government can order the employer to rehire the affected workers. In cases involving wage theft, officials also can require companies to pay back what they owe workers, along with civil penalties. For repeat offenders, authorities can even remove an employer from the H-2A program.\u003c/p>\n\u003cp>But at the end of the day, these consequences apply only for agriculture companies in the U.S., not recruiters abroad. In 2018, over 90% of H-2A workers were from Mexico and the \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2018 GOA report\u003c/a> shows that the recruiter network operates extensively throughout that country.\u003c/p>\n\u003cp>[aside label='More Labor Coverage' tag='labor-rights']Migrant worker advocates argue that the Mexican government, along with the governments of other countries H-2A immigrants travel from, should be more proactive about regulating the activities of these recruiters and educating workers on what their labor rights are before they leave for the U.S.\u003c/p>\n\u003cp>But Mexican officials KQED spoke to pushed back, arguing that isn’t the responsibility of the Mexican government — despite millions of dollars flowing back to Mexico each year as remittances from Mexican nationals working for the U.S. agriculture industry.\u003c/p>\n\u003cp>“H-2A visas are not part of a binational program,” said Remedios Gómez Arnau, consul general of Mexico in San Francisco. The Mexican government has no part in the hiring process and only plays a role through its consular system once Mexican nationals are in American territory, she added.\u003c/p>\n\u003cp>“Once somebody leaves Mexico and enters another country using a visa, then that’s when we can figure out here if the national approaches a consulate and tells us what their issue is,” she said. “But before that, Mexican authorities don’t know who is being hired by who.”\u003c/p>\n\u003cfigure id=\"attachment_11918371\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918371 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg\" alt='A group of people protest outside an office building. Many are holding signs, one says in Spanish, \"Pago extra por peligros\" or \"hazard pay\" in English.' width=\"2560\" height=\"1710\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-800x534.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1020x681.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1536x1026.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-2048x1368.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers and organizers with the labor rights group North Bay Jobs With Justice picket outside the Department of Emergency Management of Sonoma County on June 9, 2022. A coalition of workers and organizers have pushed Sonoma County officials for months to put into place five safety standards, meant to protect workers as wildfires intensify due to climate change, including hazard pay for farm laborers who work in wildfire evacuation zones. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>‘The way we protect workers must change’\u003c/h2>\n\u003cp>Samuel and Kevin don’t regret speaking up.\u003c/p>\n\u003cp>“We’re acting within our rights,” Samuel said. “It’s not just one worker who spoke up but many.”\u003c/p>\n\u003cp>For the team at North Bay Jobs With Justice who have been working with this group of workers since last year, this case could set a precedent for the fight to protect farmworkers in wine country and the rest of California against retaliation and unsafe labor practices.\u003c/p>\n\u003cp>If the ALRB finds that Mauritson did retaliate against its workers, that could encourage other workers across the region to report their own experiences to labor officials, said Ana Salgado, community co-chair of the NBJWJ board. That could potentially fuel the movement for greater worker protections ahead of wildfire season.\u003c/p>\n\u003cp>A coalition of worker advocacy groups, including NBJWJ, \u003ca href=\"https://actionnetwork.org/petitions/farmworkers-deserve-safety-and-respect-in-sonoma-county?source=ig\">have pushed Sonoma County officials for months to put into place five safety standards\u003c/a> meant to protect workers as wildfires intensify due to climate change. These include providing safety and fire evacuation training in the workers’ first languages, including Indigenous languages, and allowing independent community observers to assess the safety of workers out in the field, so that workers are not alone when they report unsafe conditions.\u003c/p>\n\u003cp>“The Earth is changing, and the way we protect workers must change as well,” said Salgado in Spanish.\u003c/p>\n\u003cfigure id=\"attachment_11918370\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918370 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg\" alt=\"A group of people play the drums outside of an office building.\" width=\"2560\" height=\"1710\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-scaled.jpeg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-800x534.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1020x681.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1536x1026.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-2048x1368.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Protesters gathered outside the Department of Emergency Management of Sonoma County on June 9, 2022, to demand greater protections for farmworkers before the onset of wildfire season. Organizers point out that climate change will only worsen in the coming years and insist that officials expand labor regulations to better protect workers as global temperatures increase. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Beyond Sonoma County, migrant rights advocates also are proposing structural reforms to the H-2A program to hold both employers and recruiters accountable for retaliation. Centro de los Derechos del Migrante has recommended that Congress approve legislation that reforms the recruitment process and ensures that workers who have suffered a labor rights violation in the U.S. can still access legal services once they’ve left the country. They’re also encouraging federal agencies, including the Department of Labor, to create a database accessible to workers that keeps track of H-2A employers and their recruiters.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ana Salgado, community co-chair, North Bay Jobs With Justice\"]‘The Earth is changing, and the way we protect workers must change as well.’[/pullquote]Cynthia Rice, attorney with the CRLA, points out a loophole in the existing accountability mechanism for H-2A employers: When a worker sues their company for an illegal labor practice, that company can settle the lawsuit and avoid admitting they violated labor law.\u003c/p>\n\u003cp>“Because there has not been any admission of liability or wrongdoing, that employer can get another H-2A order the next year,” Rice said. If federal officials took into consideration which companies are settling lawsuits year after year when it decides which ones get to stay in the H-2A program, it could prevent employers who don’t protect their workers from staying.\u003c/p>\n\u003cp>Reforming the program isn’t just necessary to better protect H-2A workers, Rice said, but also would benefit American workers. When H-2A workers are more vulnerable to retaliation, that makes them more attractive to hire, since employers know they can exploit them without having to fear the same consequences they’d face in hiring Americans.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Kevin, former H-2A worker\"]‘We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.’[/pullquote]While he waits to hear the ALRB’s decision, Kevin has been sharing everything he’s learned in the past year with friends who are considering working in the U.S. He doesn’t want others to go through the same things he did.\u003c/p>\n\u003cp>“We were happy with the job we had over there because it gave us the economic means to send money back to our families and save for a home or a business,” he said. But he added that doesn’t justify how he was treated: “We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.”\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "What's it like for immigrant farmworkers to report an unfair labor practice? Advocates say laborers with H-2A visas are vulnerable to retaliation not just from their employers but from recruiters that connect them to jobs in the future.",
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"title": "Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">A\u003c/span>\u003c/p>\u003cp> pair of boots, shirts and pants.\u003c/p>\n\u003cp>That’s what Samuel left in the room he shared with other field workers at Mauritson Farms in Healdsburg, in the heart of Sonoma County’s wine country, last October.\u003c/p>\n\u003cp>He was heading back to his family in his hometown in Oaxaca, Mexico. The harvest had ended and his H-2A visa would soon expire.\u003c/p>\n\u003cp>He started working at Mauritson Farms in 2019 with an H-2A visa, \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers\">which lets agricultural workers stay in the U.S. for limited periods of time\u003c/a>. The program was modeled off the Bracero Program, which was created in 1942, thanks to an agreement between the U.S. and Mexican governments that brought Mexican workers to American farms. Labor rights groups point out that \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">many of those braceros experienced wage theft, physical abuse and terrible working and living conditions\u003c/a>.\u003c/p>\n\u003cp>Through the H-2A program, Samuel and a group of other young men from towns and rural communities in and around the Sola de Vega district in Oaxaca have come to California for years — from February through October — to work at Mauritson Farms, which owns and controls the vineyards that produce Mauritson Wines.\u003c/p>\n\u003cp>He left his belongings in Healdsburg with plans to come back in 2022. But he was never rehired by Mauritson Farms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the end of the 2021 growing season, Samuel and five other workers from Oaxaca spoke up against what \u003ca href=\"#workplace\">they believed to be unfair and unsafe working conditions they had experienced for the past three years\u003c/a>. They said they were asked to work on extremely hot days without adequate protections against the heat, that hours of their pay were docked for unjustified reasons and that they suffered verbal abuse from the foreman who supervised them.\u003c/p>\n\u003cp>With the support of the labor rights group North Bay Jobs With Justice, the group of six workers met with Cameron Mauritson, manager of the vineyard, in October to explain what they were experiencing.\u003c/p>\n\u003cp>“He apologized to us and said he was really sorry that this had happened at his company,” said Kevin, who also was at the meeting and worked alongside Samuel for the same period of time. “He promised that he would hire us again.”\u003c/p>\n\u003cp>For Samuel and Kevin — whose real names KQED is not using due to their fears of employment loss — this promise represented a lot more than a job offer for the next year. It signaled that the group could feel comfortable speaking out against unsafe working conditions and that Mauritson wouldn’t do what they feared the most: retaliate against them by not hiring them again.\u003c/p>\n\u003cp>“We left our things [at Mauritson Farms] believing we would come back,” Samuel said. “But none of it was true.”\u003c/p>\n\u003cfigure id=\"attachment_11918388\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918388 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"A grapevine in a field. The grapes are ripe and ready to pick.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Samuel and Kevin started coming to California in 2019 with H-2A visas. They would come in February and leave at the end of the grape harvest season in October. They now wait in their hometowns in Oaxaca to hear what an ALRB investigation finds. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Out of the six workers who met with Mauritson in October, none was called back to work in 2022, despite their completion of an application with Cierto Global, the company’s third-party recruiter service. Both Samuel and Kevin believe they were not rehired because they told management about unsafe working conditions they were experiencing in Mauritson’s vineyards, a right protected by California labor standards.\u003c/p>\n\u003cp>North Bay Jobs With Justice representatives said they have reached out to Mauritson several times since February without receiving a response. Mauritson also declined KQED’s request for an interview.\u003c/p>\n\u003cp>On February 7, North Bay Jobs With Justice filed an unfair labor practice charge on behalf of the six workers with the California Agricultural Labor Relations Board (ALRB), the state agency that investigates possible workplace abuses in the agricultural industry. The charge \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/3.3.22-ULP-Against-Employer-Mauritson-Farms-Inc..pdf\">states that Mauritson Farms discriminated against the workers\u003c/a> by “refusing to rehire them because they engaged in protected concerted activity.”\u003c/p>\n\u003cp>As the ALRB investigation moves forward, Samuel and Kevin spend their days taking on whatever work they can get in Oaxaca and looking for different farming jobs in the U.S., but with little luck. The window to receive an H-2A visa this year has closed, so they must look for jobs that don’t offer visas. With their remaining savings depleted and families to feed, time is running out to make enough money to survive.\u003c/p>\n\u003cp>California, home to the country’s largest agriculture sector, also has the nation’s third-most H-2A workers. Last year, \u003ca href=\"https://s3.documentcloud.org/documents/22082364/h2a-statistics.pdf\">more than 32,000 H-2A laborers from around the world worked in the state supporting the agriculture industry\u003c/a>. And even though California has an extensive system of agencies and regulations meant to protect these workers, H-2A immigrants are still extremely vulnerable to illegal retaliation by their employers.\u003c/p>\n\u003cp>To bring foreign workers to the U.S., many H-2A employers use a network of both formal and informal recruiters that operate both inside and outside the country. Workers like Samuel and Kevin depend on these recruiters to find jobs in the U.S. and navigate the visa application process.\u003c/p>\n\u003cp>But when a worker speaks up about illegal labor practices, advocates say these recruiters often make sure the worker is blacklisted across the industry — making it harder for these laborers to find another job in the U.S. and for agricultural industry and labor agencies, who only have jurisdiction in the U.S., to enforce anti-retaliation rules.\u003c/p>\n\u003cfigure id=\"attachment_11918390\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11918390\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"Rows of grapevines in a field. In the background, a worker can be seen picking grapes.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than 4,200 laborers from around the world come to work in California with an H-2A visa. Most of them are employed in the agricultural industry. While these workers are protected by the same labor laws as anybody else, labor advocates say they are especially vulnerable to retaliation if they speak up against what they consider to be unfair or unsafe labor practices. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>‘Employers do retaliate’ even though it’s illegal\u003c/h2>\n\u003cp>Cynthia Rice has worked as a labor rights attorney for over 20 years. She’s now the director of litigation, advocacy and training at California Rural Legal Assistance, a nonprofit law firm that provides free legal aid across the state. She’s represented dozens of agricultural workers in cases involving dangerous working conditions, wage theft and retaliation.\u003c/p>\n\u003cp>At the start of each conversation with a new client, she makes one point clear.\u003c/p>\n\u003cp>“Retaliation is illegal,” she said, while adding that, “we never say the employer can’t retaliate against you because of course the employer can retaliate against you. It’s just illegal and employers do retaliate.”\u003c/p>\n\u003cp>Thanks to decades of farmworker- and immigrant-led organizing, California has several agencies that enforce labor laws, including anti-retaliation rules. The ALRB was created after then-Gov. Jerry Brown signed the \u003ca href=\"https://www.alrb.ca.gov/forms-publications/fact-sheets/fact-sheet-english/\">California Agricultural Labor Relations Act\u003c/a> in 1975, which guaranteed collective bargaining rights for farmworkers. Additionally, the \u003ca href=\"https://www.dir.ca.gov/dlse/\">California Labor Commissioner’s Office\u003c/a> investigates underpaid or missing wages, and the \u003ca href=\"https://www.dir.ca.gov/dosh/\">California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) enforces workplace safety rules like \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">heat protections for outdoor workers\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We never say the employer can’t retaliate against you because of course the employer can retaliate against you.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At the federal level, the Department of Labor processes job orders for the H-2A program and enforces employment contracts and the federal laws meant to protect guest workers. The department’s \u003ca href=\"https://www.dol.gov/agencies/whd\">Wage and Hour Division\u003c/a> investigates cases where employers may not be paying their workers properly or failing to provide housing, transportation or meals, \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">which is required by the federal government\u003c/a>.\u003c/p>\n\u003cp>Many immigrant farmworkers Rice has worked with come to her after they’ve been terminated or when they’re about to go back to their home countries after the harvest season. “Then they talk about the hours that were shaved or the meals and restrooms that they didn’t get,” she explained.\u003c/p>\n\u003cp>But waiting until the end of harvest season to file a claim with the ALRB or other labor agencies is usually too late, she said, particularly for H-2A workers who typically have to leave the U.S. soon after. It gives attorneys like Rice very limited time to collect evidence and testimony before the worker heads back to their home country, which usually complicates communication as many H-2A holders come from rural communities in Mexico, Central America and the Caribbean, with limited access to the internet and telephone reception.\u003c/p>\n\u003cp>So why wait until the very last moment to speak up?\u003c/p>\n\u003cp>Retaliation can mean losing your job (and with that, your H-2A visa) after speaking up, but it can also include intimidation or punishment. Samuel remembers when his crew was working the fields in temperatures exceeding 95 degrees. “There were times where we felt so dehydrated that we were going to pass out,” he said. “We felt we wanted to vomit.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca id=\"workplace\">\u003c/a>When he’d tell the foreman how he and others were feeling, Samuel said the foreman would laugh at them and tell them to keep working. Kevin said that there were many hot days where the workers didn’t have any of the heat protections required by California law. “When it was 90, 95 degrees, we didn’t have any shady spots to have a glass of water or rest for a bit,” he said.\u003c/p>\n\u003cp>When outside temperatures exceed 80 degrees, \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">Cal/OSHA requires employers to provide their workers with sufficient water, shade and rest\u003c/a>. That means each employee should be able to drink at least one quart of water per hour and request breaks in the shade whenever they feel the need to. But a 2021 NPR investigation found that even with these protections in place, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">nearly four dozen California workers died from heatstroke\u003c/a> and other heat-related illnesses within a 10-year period.\u003c/p>\n\u003cp>Cal/OSHA has stated that heat-related deaths can be prevented, but the agency has struggled with understaffing for years, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">making it harder for it to enforce its rules across California’s thousands of farms\u003c/a>. So in many cases, the responsibility of protecting workers from heat falls solely on the employer.\u003c/p>\n\u003ch2>A network of retaliation in the US — and abroad\u003c/h2>\n\u003cp>A 2020 report by the migrant rights group Centro de los Derechos del Migrante \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">shows that it’s common for H-2A employers nationwide to intimidate workers to exert greater control over them\u003c/a> and prevent them from feeling safe enough to speak up while they’re employed. Out of 100 former H-2A workers the organization spoke to, 100% of them experienced at least one serious legal violation and 94% experienced three or more serious legal violations.\u003c/p>\n\u003cp>Rice from CRLA points out that H-2A employers have an incredible amount of control over workers. An employer \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">must provide housing, meals and transportation to and from the work site\u003c/a>. Because many workers don’t have a U.S. driver’s license or their own vehicle, they also depend on their bosses for transportation to go grocery shopping, to receive medical care and for other essential activities.\u003c/p>\n\u003cp>“A worker who is experiencing bad working conditions can always vote with his or her feet, right?” Rice said. “Well, that’s not true for H-2A workers.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The program is really closer to a kind of indentured servitude that we had in prior decades under sharecropper relationships post-emancipation,” she added. “There is such a dependency that the worker has on the employer and you can’t really say that they’re free to engage in activity anywhere else.”\u003c/p>\n\u003cp>Abusive employers can exert control over workers even when they are no longer living in the U.S. In order to find employees, many H-2A employers depend on third-party recruiters that operate all over the world. The recruitment process is rife with abuse, as some recruiters charge workers exorbitant amounts to connect them with American companies, \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">some practice debt bondage and others mislead workers entirely about job opportunities\u003c/a>. Additionally, a 2015 report by the U.S. Government Accountability Office (GAO) \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">found that recruiters often blacklist any worker who speaks up about abuses to their employer\u003c/a>.\u003c/p>\n\u003cp>These recruiters, which range from informal one-person operations to multinational corporations, usually work for several employers spread out across the U.S. So when recruiters blacklist a worker, they’re not just doing so for one employer but potentially for whole sectors of the agriculture industry.\u003c/p>\n\u003cp>Rice has seen this happen several times with clients who spoke up about an employer in one state, only to later have trouble finding a job in other states.\u003c/p>\n\u003cp>“The first thing that the employer does once a worker has complained about wages or working conditions,” she said, “is go back to the recruiter and say, ‘I don’t want to hire this guy next year because they complained about me,’ and that affects not only recruitment for that particular employer, but also for all of the employers that a recruiter has a relationship with.”\u003c/p>\n\u003cp>Even when workers have returned to their countries of origin, the possibility of being blacklisted still exists. In the \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2015 GAO report\u003c/a>, federal officials traveled to Mexico to talk to former H-2A workers and noted that laborers were concerned about being seen talking to U.S. investigators in their hometowns because “people walking by could possibly see and report them to the local recruiter.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘There is a tremendous amount of control over access to those [H-2A] visas [exerted by recruiters] within the communities of origin.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The United Farm Workers union, which operates nationwide, also has noticed this phenomenon. Elizabeth Strater, director of strategic campaigns with the UFW, said many Jamaican H-2A workers in the U.S. will stick it out with a bad employer for a whole year just to stay within the recruitment pool for the next year. “There is also a tremendous amount of control over access to those visas [exerted by recruiters] within the communities of origin,” she said.\u003c/p>\n\u003cp>When Mauritson Farms first hired their crew in 2019, Samuel and Kevin say that the company arranged the recruitment process directly, using WhatsApp to coordinate. But in 2022, the vineyard switched to using a third-party recruiter, Cierto Global, a multinational farm labor contractor that was dubbed an “ethical recruiter” by the Biden administration earlier this year.\u003c/p>\n\u003cp>But Samuel and Kevin still worry that they now will have a much harder time finding a job in agriculture in the U.S. “I think [Mauritson] didn’t want any more problems to come up for them anymore,” Kevin said, “so they brought on the recruiter to be more selective.”\u003c/p>\n\u003ch2>Regulating the recruiter network\u003c/h2>\n\u003cp>How can labor officials prevent retaliation by American companies against H-2A workers if it happens outside the U.S.?\u003c/p>\n\u003cp>The GAO report points out that because recruitment happens outside the U.S., there’s very little federal oversight. Although the Department of Homeland Security keeps track of every incoming H-2A immigrant, there’s no federal database that tracks which agents are recruiting them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘Our enforcement authority is just in the United States. We can’t regulate what these third-party recruiters are doing.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>State agencies like California’s ALRB, which is currently investigating the Mauritson case, also have a hard time enforcing anti-retaliation laws in these situations. Regional director Jessica Arciniega shared that these types of situations are difficult for her agency due to jurisdictional limitations, but in certain cases, this sort of retaliation can fit into an ongoing unfair labor practice investigation.\u003c/p>\n\u003cp>“If there is evidence that the recruiter was an agent of the employer, then it may be part of something that we investigate,” she said.\u003c/p>\n\u003cp>At the federal level, Department of Labor officials are constrained by their jurisdiction. “Our enforcement authority is just in the United States. We can’t regulate what these third-party recruiters are doing, let’s just say, in Mexico,” said Ruben Lugo, regional enforcement coordinator.\u003c/p>\n\u003cp>However, Lugo explains, if a group of workers reported a breach of contract to the Department of Labor by their employer, and the following year none of the workers who were cooperating with the investigation were rehired, “then we can clearly discern that these workers were retaliated [against].”\u003c/p>\n\u003cp>In this situation, the federal government can order the employer to rehire the affected workers. In cases involving wage theft, officials also can require companies to pay back what they owe workers, along with civil penalties. For repeat offenders, authorities can even remove an employer from the H-2A program.\u003c/p>\n\u003cp>But at the end of the day, these consequences apply only for agriculture companies in the U.S., not recruiters abroad. In 2018, over 90% of H-2A workers were from Mexico and the \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2018 GOA report\u003c/a> shows that the recruiter network operates extensively throughout that country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Migrant worker advocates argue that the Mexican government, along with the governments of other countries H-2A immigrants travel from, should be more proactive about regulating the activities of these recruiters and educating workers on what their labor rights are before they leave for the U.S.\u003c/p>\n\u003cp>But Mexican officials KQED spoke to pushed back, arguing that isn’t the responsibility of the Mexican government — despite millions of dollars flowing back to Mexico each year as remittances from Mexican nationals working for the U.S. agriculture industry.\u003c/p>\n\u003cp>“H-2A visas are not part of a binational program,” said Remedios Gómez Arnau, consul general of Mexico in San Francisco. The Mexican government has no part in the hiring process and only plays a role through its consular system once Mexican nationals are in American territory, she added.\u003c/p>\n\u003cp>“Once somebody leaves Mexico and enters another country using a visa, then that’s when we can figure out here if the national approaches a consulate and tells us what their issue is,” she said. “But before that, Mexican authorities don’t know who is being hired by who.”\u003c/p>\n\u003cfigure id=\"attachment_11918371\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918371 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg\" alt='A group of people protest outside an office building. Many are holding signs, one says in Spanish, \"Pago extra por peligros\" or \"hazard pay\" in English.' width=\"2560\" height=\"1710\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-800x534.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1020x681.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1536x1026.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-2048x1368.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02464-1-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers and organizers with the labor rights group North Bay Jobs With Justice picket outside the Department of Emergency Management of Sonoma County on June 9, 2022. A coalition of workers and organizers have pushed Sonoma County officials for months to put into place five safety standards, meant to protect workers as wildfires intensify due to climate change, including hazard pay for farm laborers who work in wildfire evacuation zones. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>‘The way we protect workers must change’\u003c/h2>\n\u003cp>Samuel and Kevin don’t regret speaking up.\u003c/p>\n\u003cp>“We’re acting within our rights,” Samuel said. “It’s not just one worker who spoke up but many.”\u003c/p>\n\u003cp>For the team at North Bay Jobs With Justice who have been working with this group of workers since last year, this case could set a precedent for the fight to protect farmworkers in wine country and the rest of California against retaliation and unsafe labor practices.\u003c/p>\n\u003cp>If the ALRB finds that Mauritson did retaliate against its workers, that could encourage other workers across the region to report their own experiences to labor officials, said Ana Salgado, community co-chair of the NBJWJ board. That could potentially fuel the movement for greater worker protections ahead of wildfire season.\u003c/p>\n\u003cp>A coalition of worker advocacy groups, including NBJWJ, \u003ca href=\"https://actionnetwork.org/petitions/farmworkers-deserve-safety-and-respect-in-sonoma-county?source=ig\">have pushed Sonoma County officials for months to put into place five safety standards\u003c/a> meant to protect workers as wildfires intensify due to climate change. These include providing safety and fire evacuation training in the workers’ first languages, including Indigenous languages, and allowing independent community observers to assess the safety of workers out in the field, so that workers are not alone when they report unsafe conditions.\u003c/p>\n\u003cp>“The Earth is changing, and the way we protect workers must change as well,” said Salgado in Spanish.\u003c/p>\n\u003cfigure id=\"attachment_11918370\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11918370 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg\" alt=\"A group of people play the drums outside of an office building.\" width=\"2560\" height=\"1710\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-scaled.jpeg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-800x534.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1020x681.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1536x1026.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-2048x1368.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/DSC02491-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Protesters gathered outside the Department of Emergency Management of Sonoma County on June 9, 2022, to demand greater protections for farmworkers before the onset of wildfire season. Organizers point out that climate change will only worsen in the coming years and insist that officials expand labor regulations to better protect workers as global temperatures increase. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Beyond Sonoma County, migrant rights advocates also are proposing structural reforms to the H-2A program to hold both employers and recruiters accountable for retaliation. Centro de los Derechos del Migrante has recommended that Congress approve legislation that reforms the recruitment process and ensures that workers who have suffered a labor rights violation in the U.S. can still access legal services once they’ve left the country. They’re also encouraging federal agencies, including the Department of Labor, to create a database accessible to workers that keeps track of H-2A employers and their recruiters.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Cynthia Rice, attorney with the CRLA, points out a loophole in the existing accountability mechanism for H-2A employers: When a worker sues their company for an illegal labor practice, that company can settle the lawsuit and avoid admitting they violated labor law.\u003c/p>\n\u003cp>“Because there has not been any admission of liability or wrongdoing, that employer can get another H-2A order the next year,” Rice said. If federal officials took into consideration which companies are settling lawsuits year after year when it decides which ones get to stay in the H-2A program, it could prevent employers who don’t protect their workers from staying.\u003c/p>\n\u003cp>Reforming the program isn’t just necessary to better protect H-2A workers, Rice said, but also would benefit American workers. When H-2A workers are more vulnerable to retaliation, that makes them more attractive to hire, since employers know they can exploit them without having to fear the same consequences they’d face in hiring Americans.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>While he waits to hear the ALRB’s decision, Kevin has been sharing everything he’s learned in the past year with friends who are considering working in the U.S. He doesn’t want others to go through the same things he did.\u003c/p>\n\u003cp>“We were happy with the job we had over there because it gave us the economic means to send money back to our families and save for a home or a business,” he said. But he added that doesn’t justify how he was treated: “We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.”\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "'We Are All Very Devastated': Bay Area Afghans Scramble to Contact Family After Earthquake",
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"content": "\u003cp>Bay Area Afghans are scrambling to contact family members in eastern Afghanistan, after a 5.9 magnitude earthquake struck southwest of the city of Khost Wednesday, killing more than 1,000 people. Community leaders here say they fear that, under the Taliban government, the relief effort will be challenging.\u003c/p>\n\u003cp>Fouzia Azizi, the director of refugee services for \u003ca href=\"https://jfcs-eastbay.org\" target=\"_blank\" rel=\"noopener noreferrer\">Jewish Family and Community Services- East Bay\u003c/a>, said she learned of the earthquake early Wednesday morning from the Facebook post of a relative in Afghanistan. Then she and her staff started reaching out to Bay Area clients originally from the affected region, including one man whose wife and children are still living there.\u003c/p>\n\u003cp>“Thank God his family is doing fine, but they felt the earthquake really bad,” Azizi said. “And they confirmed it’s extremely chaotic there; it’s just chaos.” [pullquote size=\"medium\" align=\"right\" citation=\"Freshta Kohgadai, United Afghan Association\"]‘We are all very devastated. We feel the people of Afghanistan can’t catch a break. Their situation just continues to worsen.’[/pullquote]\u003c/p>\n\u003cp>The mountainous eastern provinces of Paktika and Khost, where the earthquake hit, were Taliban strongholds even during the U.S. occupation, and the region was a war zone for many years, she said.\u003c/p>\n\u003cp>Since the U.S. withdrew and the Taliban took over the national government in August, international aid has dried up and food is scarce. As of last month, \u003ca href=\"https://news.un.org/en/story/2022/05/1117812\" target=\"_blank\" rel=\"noopener noreferrer\">20 million Afghans\u003c/a> – nearly half the population – were facing acute hunger, according to the United Nations. To suffer a devastating earthquake on top of that is another layer of unimaginable hardship, said Azizi.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Right now in Afghanistan, people are already starving, children are starving. There is not enough food,” she said. “Such a crisis at this point is just heartbreaking.” Other Bay Area Afghans were also struggling to come to terms with the impact of the quake, which destroyed entire villages and left hundreds of people trapped under collapsed buildings.[aside tag=\"afghanistan, afghan\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“We are all very devastated,” said Freshta Kohgadai of the \u003ca href=\"https://unitedafgassociation.org\" target=\"_blank\" rel=\"noopener noreferrer\">United Afghan Association\u003c/a>. “We feel the people of Afghanistan can’t catch a break. Their situation just continues to worsen.”\u003c/p>\n\u003cp>Rather than her own local organization, Kohgadai suggested channeling donations to \u003ca href=\"https://aseelapp.com/en_us/\" target=\"_blank\" rel=\"noopener noreferrer\">Aseel\u003c/a>, an e-commerce marketplace for Afghan artisans that has pivoted in the past year to distributing packages of food and medicine in Afghanistan.\u003c/p>\n\u003cp>A lot of Afghans in the Bay Area are still just trying to be sure their relatives back home are okay, said Hayward City Councilmember Aisha Wahab, who’s the daughter of Afghan refugees.\u003c/p>\n\u003cp>When it comes to sending aid, local grassroots groups are likely to fundraise, but larger international organizations are better equipped to handle the logistics of disaster response, she said.\u003c/p>\n\u003cp>“The problem is that a lot of these institutions left Afghanistan and kind of turned their back on it,” said Wahab. [pullquote size=\"medium\" align=\"right\" citation=\"Aisha Wahab, Hayward City Councilmember\"]‘It’s important to step up when a natural disaster takes place, and there are millions of people currently already starving.… This is a test of everybody’s diplomacy and making sure that we are prioritizing human life over politics.’[/pullquote]\u003c/p>\n\u003cp>Wahab fears the emergency response will be slow unless the U.S. decides to set aside its hostility toward the Taliban and help with relief.\u003c/p>\n\u003cp>“The United States must stand on the right side of history,” said Wahab. “It’s important to step up when a natural disaster takes place, and there are millions of people currently already starving.… This is a test of everybody’s diplomacy and making sure that we are prioritizing human life over politics.”\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.state.gov/devastating-earthquake-in-afghanistan/\" target=\"_blank\" rel=\"noopener noreferrer\">statement\u003c/a> Wednesday, U.S. Secretary of State Antony Blinken said “U.S. humanitarian partners,” were sending medical teams and other assistance. The United States suspended diplomatic relations with Afghanistan last August but has continued to channel humanitarian aid through non-governmental and international organizations.\u003c/p>\n\u003ch3>How to Help:\u003c/h3>\n\u003cp>Here are some organizations with a track record of working in Afghanistan, and what they say they’re doing to respond to the earthquake.\u003c/p>\n\u003cp>\u003ca href=\"https://aseelapp.com/en_us/earthquake.html\" target=\"_blank\" rel=\"noopener noreferrer\">Aseel\u003c/a> is assembling tents and packages of food and emergency supplies to distribute in the earthquake zone.\u003c/p>\n\u003cp>\u003ca href=\"https://www.doctorswithoutborders.org/what-we-do/where-we-work/afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">Doctors Without Borders\u003c/a> runs a large maternity hospital in Khost province, and is coordinating with authorities and other groups on earthquake response.\u003c/p>\n\u003cp>\u003ca href=\"https://www.rescue.org/country/afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">International Rescue Committee\u003c/a> has deployed mobile health teams and is working with authorities to distribute support, including cash assistance.\u003c/p>\n\u003cp>\u003ca href=\"https://www.redcross.org/about-us/news-and-events/news/2022/red-crescent-teams-respond-to-afghanistan-earthquake.html\" target=\"_blank\" rel=\"noopener noreferrer\">Red Cross\u003c/a> is supporting the Afghan Red Crescent, which has branches in every province, including Khost and Paktika, and is sending ambulances and truckloads of food and relief supplies to the affected areas.\u003c/p>\n\u003cp>\u003ca href=\"https://www.unicef.org/press-releases/thousands-children-risk-after-devastating-earthquake-hits-eastern-afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">UNICEF\u003c/a> has dispatched health and nutrition teams to the affected provinces and is distributing tents, blankets and hygiene supplies.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://wiseafghanistan.org\" target=\"_blank\" rel=\"noopener noreferrer\">WISE Afghanistan\u003c/a> is an Afghan-led women’s empowerment organization that has health brigades in all five regions of Afghanistan.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bay Area Afghans are scrambling to contact family members in eastern Afghanistan, after a 5.9 magnitude earthquake struck southwest of the city of Khost Wednesday, killing more than 1,000 people. Community leaders here say they fear that, under the Taliban government, the relief effort will be challenging.\u003c/p>\n\u003cp>Fouzia Azizi, the director of refugee services for \u003ca href=\"https://jfcs-eastbay.org\" target=\"_blank\" rel=\"noopener noreferrer\">Jewish Family and Community Services- East Bay\u003c/a>, said she learned of the earthquake early Wednesday morning from the Facebook post of a relative in Afghanistan. Then she and her staff started reaching out to Bay Area clients originally from the affected region, including one man whose wife and children are still living there.\u003c/p>\n\u003cp>“Thank God his family is doing fine, but they felt the earthquake really bad,” Azizi said. “And they confirmed it’s extremely chaotic there; it’s just chaos.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The mountainous eastern provinces of Paktika and Khost, where the earthquake hit, were Taliban strongholds even during the U.S. occupation, and the region was a war zone for many years, she said.\u003c/p>\n\u003cp>Since the U.S. withdrew and the Taliban took over the national government in August, international aid has dried up and food is scarce. As of last month, \u003ca href=\"https://news.un.org/en/story/2022/05/1117812\" target=\"_blank\" rel=\"noopener noreferrer\">20 million Afghans\u003c/a> – nearly half the population – were facing acute hunger, according to the United Nations. To suffer a devastating earthquake on top of that is another layer of unimaginable hardship, said Azizi.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Right now in Afghanistan, people are already starving, children are starving. There is not enough food,” she said. “Such a crisis at this point is just heartbreaking.” Other Bay Area Afghans were also struggling to come to terms with the impact of the quake, which destroyed entire villages and left hundreds of people trapped under collapsed buildings.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We are all very devastated,” said Freshta Kohgadai of the \u003ca href=\"https://unitedafgassociation.org\" target=\"_blank\" rel=\"noopener noreferrer\">United Afghan Association\u003c/a>. “We feel the people of Afghanistan can’t catch a break. Their situation just continues to worsen.”\u003c/p>\n\u003cp>Rather than her own local organization, Kohgadai suggested channeling donations to \u003ca href=\"https://aseelapp.com/en_us/\" target=\"_blank\" rel=\"noopener noreferrer\">Aseel\u003c/a>, an e-commerce marketplace for Afghan artisans that has pivoted in the past year to distributing packages of food and medicine in Afghanistan.\u003c/p>\n\u003cp>A lot of Afghans in the Bay Area are still just trying to be sure their relatives back home are okay, said Hayward City Councilmember Aisha Wahab, who’s the daughter of Afghan refugees.\u003c/p>\n\u003cp>When it comes to sending aid, local grassroots groups are likely to fundraise, but larger international organizations are better equipped to handle the logistics of disaster response, she said.\u003c/p>\n\u003cp>“The problem is that a lot of these institutions left Afghanistan and kind of turned their back on it,” said Wahab. \u003c/p>\u003c/div>",
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"content": "‘It’s important to step up when a natural disaster takes place, and there are millions of people currently already starving.… This is a test of everybody’s diplomacy and making sure that we are prioritizing human life over politics.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wahab fears the emergency response will be slow unless the U.S. decides to set aside its hostility toward the Taliban and help with relief.\u003c/p>\n\u003cp>“The United States must stand on the right side of history,” said Wahab. “It’s important to step up when a natural disaster takes place, and there are millions of people currently already starving.… This is a test of everybody’s diplomacy and making sure that we are prioritizing human life over politics.”\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.state.gov/devastating-earthquake-in-afghanistan/\" target=\"_blank\" rel=\"noopener noreferrer\">statement\u003c/a> Wednesday, U.S. Secretary of State Antony Blinken said “U.S. humanitarian partners,” were sending medical teams and other assistance. The United States suspended diplomatic relations with Afghanistan last August but has continued to channel humanitarian aid through non-governmental and international organizations.\u003c/p>\n\u003ch3>How to Help:\u003c/h3>\n\u003cp>Here are some organizations with a track record of working in Afghanistan, and what they say they’re doing to respond to the earthquake.\u003c/p>\n\u003cp>\u003ca href=\"https://aseelapp.com/en_us/earthquake.html\" target=\"_blank\" rel=\"noopener noreferrer\">Aseel\u003c/a> is assembling tents and packages of food and emergency supplies to distribute in the earthquake zone.\u003c/p>\n\u003cp>\u003ca href=\"https://www.doctorswithoutborders.org/what-we-do/where-we-work/afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">Doctors Without Borders\u003c/a> runs a large maternity hospital in Khost province, and is coordinating with authorities and other groups on earthquake response.\u003c/p>\n\u003cp>\u003ca href=\"https://www.rescue.org/country/afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">International Rescue Committee\u003c/a> has deployed mobile health teams and is working with authorities to distribute support, including cash assistance.\u003c/p>\n\u003cp>\u003ca href=\"https://www.redcross.org/about-us/news-and-events/news/2022/red-crescent-teams-respond-to-afghanistan-earthquake.html\" target=\"_blank\" rel=\"noopener noreferrer\">Red Cross\u003c/a> is supporting the Afghan Red Crescent, which has branches in every province, including Khost and Paktika, and is sending ambulances and truckloads of food and relief supplies to the affected areas.\u003c/p>\n\u003cp>\u003ca href=\"https://www.unicef.org/press-releases/thousands-children-risk-after-devastating-earthquake-hits-eastern-afghanistan\" target=\"_blank\" rel=\"noopener noreferrer\">UNICEF\u003c/a> has dispatched health and nutrition teams to the affected provinces and is distributing tents, blankets and hygiene supplies.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://wiseafghanistan.org\" target=\"_blank\" rel=\"noopener noreferrer\">WISE Afghanistan\u003c/a> is an Afghan-led women’s empowerment organization that has health brigades in all five regions of Afghanistan.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Dozens of immigrants who clean dormitories and bathrooms for just $1 a day while locked up at federal detention centers in California are waging a labor strike.\u003c/p>\n\u003cp>The detainees, who are being held at two privately run facilities in the Bakersfield area as they fight deportation, have been protesting compensation well below the state’s $15/hour minimum wage for weeks. These workers, known as “housing porters,” are also demanding the private operator of these facilities address alleged hazardous conditions, inedible food and other issues.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Statement from Golden State Annex strikers\"]‘We are being exploited for our labor and are being paid $1 per day to clean the dormitories. Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.’[/pullquote]\u003c/p>\n\u003cp>Both of the U.S. Immigration and Customs Enforcement facilities facing a work stoppage — Golden State Annex in McFarland since June 6 and the Mesa Verde ICE Processing Center in Bakersfield for 55 days, according to immigrant advocates — are operated by \u003ca href=\"https://www.geogroup.com/\">The GEO Group\u003c/a>, one of the largest for-profit prison companies in the U.S.\u003c/p>\n\u003cp>“We are being exploited for our labor and are being paid $1 per day to clean the dormitories,” strikers at Golden State Annex said in a statement released last week. “Meanwhile, private prison corporations like The GEO Group receive tens of millions each year to accommodate us detained in ICE custody.”\u003c/p>\n\u003cp>Many detainees participate in the volunteer working program to afford what they say are high-cost phone calls and commissary items such as dental floss and tortillas.\u003c/p>\n\u003cp>GEO, which runs four out of seven active immigration detention centers in California, \u003ca href=\"https://www.businesswire.com/news/home/20220502005931/en/The-GEO-Group-Reports-First-Quarter-2022-Results\">reported\u003c/a> total revenues of $551 million in the first quarter of 2022. The Florida-based company also operates secure facilities in the United Kingdom, Australia and South Africa.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>State regulators launch investigation\u003c/h3>\n\u003cp>The labor strikes come as California’s Division of Occupational Safety and Health, also known as Cal/OSHA, is investigating conditions for workers detained at Golden State Annex, in response to a complaint alleging serious violations at the facility.\u003c/p>\n\u003cp>The complaint to Cal/OSHA, which was filed by the California Collaborative for Immigrant Justice last month on behalf of seven detainees, charges that they work and live in a toxic environment that includes black mold patches up to 10 inches wide in the showers, and black fibrous dust particles that HVAC vents spew into the dormitories.\u003c/p>\n\u003cp>The company has also allegedly failed to provide these workers with proper protective equipment, cleaning materials and training on how to handle mold-infested areas, according to the complaint.\u003c/p>\n\u003cp>“The environment here is very, very unsanitary,” said Garcia, one of the housing porters who complained to state regulators. “The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.”\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Housing Porter Garcia\"]‘The environment here is very, very unsanitary. The mold in the showers… is very dangerous, we shouldn’t be cleaning there. We’ve raised the issue countless times with the administration with no result, no solution.’[/pullquote]\u003c/p>\n\u003cp>KQED is not using the full names of complainants, who have requested anonymity from Cal/OSHA during its investigation because they fear retaliation during detention.\u003c/p>\n\u003cp>The agency, which declined to comment on its inspection, has six months to issue citations if any violations are found.\u003c/p>\n\u003cp>A California bill enacted last year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB263\">AB 263\u003c/a>, clarifies that private operators of immigrant detention centers must follow all state occupational health and safety regulations and public health orders.\u003c/p>\n\u003cp>Vladimir, who was included in the complaint, said he developed a persistent cough and shortness of breath while working at Golden State Annex. He said X-ray images revealed a dark spot in one of his lungs, but it remains undiagnosed. He fears it is connected to exposure to mold.\u003c/p>\n\u003cp>Breathing mold spores can lead to asthma, respiratory infections, cough and difficulty breathing, according to the \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/AQS/Pages/Mold.aspx#HealthEffects\">California Department of Public Health\u003c/a>.\u003c/p>\n\u003cp>“I am afraid because my lung has been impacted. I have problems breathing,” the father of five said in Spanish. “The dust and mold are bad for our health and unfortunately, we are in a place where it feels that they don’t care about our health.”\u003c/p>\n\u003ch3>The GEO Group responds\u003c/h3>\n\u003cp>A spokesperson for GEO said the company strongly rejects the allegations while also denying a strike is taking place.\u003c/p>\n\u003cp>“Our ICE Processing Centers, including the Golden State Annex, are maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants,” the spokesman said in a statement. “Choosing not to participate in a voluntary program cannot constitute a labor strike.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Legal Director Lisa Knox, California Collaborative for Immigrant Justice\"]‘We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility. And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”’[/pullquote]\u003c/p>\n\u003cp>The company also rejected the allegation that Golden State Annex has not adequately implemented COVID-19 protections required for employers in California. State \u003ca href=\"https://www.dir.ca.gov/title8/3205.html\">rules\u003c/a> include notifying employees within one business day if they were exposed to an infected person, and training workers on the employer’s policies to protect them from virus hazards.\u003c/p>\n\u003cp>Attorney Lisa Knox, who helped detainees submit the Cal/OSHA complaint, said GEO’s health and safety record shows the company can’t be trusted to fix current problems at detention centers on its own.\u003c/p>\n\u003cp>“We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility,” said Knox, legal director at the California Collaborative for Immigrant Justice. “And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”\u003c/p>\n\u003cp>Knox and other advocates have requested that California’s attorney general investigate additional potential labor issues at the detention center, such as minimum wage violations.\u003c/p>\n\u003cp>A spokesperson for California Attorney General Rob Bonta’s Office said the office is reviewing that request, but declined to comment further.\u003c/p>\n\u003cp>“To protect its integrity, we’re unable to comment on a potential or ongoing investigation,” the spokesperson wrote in an email.\u003c/p>\n\u003cp>A federal judge in Riverside ruled earlier this year that detainees working at another GEO-run facility in Southern California are considered employees under state law, Knox said.\u003c/p>\n\u003ch3>Is it wage theft? Dispute playing out in other states\u003c/h3>\n\u003cp>Last fall, a federal judge in Washington state ordered GEO to pay \u003ca href=\"https://www.seattletimes.com/business/private-prison-company-ordered-to-pay-23-2m-in-tacoma-detainee-minimum-wage-cases/#:~:text=The%20first%20trial%20ended%20in,and%20awarding%20the%20back%20pay\">$23.2 million\u003c/a> for failing to pay minimum wage to immigrant detainees who volunteered to cook and clean for $1 a day while held at a facility in Tacoma. The lawsuit was brought by Washington state’s attorney general and other plaintiffs.\u003c/p>\n\u003cp>GEO responded to the ruling by \u003ca href=\"https://www.knkx.org/law/2021-11-05/geo-group-halts-work-program-at-tacoma-jail-instead-of-upping-detainee-pay\">reportedly\u003c/a> closing its worker program at the Tacoma detention center. The company is seeking to reverse the judge’s order before the 9th U.S. Circuit Court of Appeals, arguing that states lack the authority to dictate how much to pay detainees because the work program they volunteer for is established by the federal government and is paid for by federal dollars.\u003c/p>\n\u003cp>[aside label=\"More Stories\" tag=\"immigrant-detention\"]\u003c/p>\n\u003cp>Last month, Bonta joined more than a dozen other attorney generals to support the state of Washington in the ongoing lawsuit against GEO.\u003c/p>\n\u003cp>“Washington’s Minimum Wage Act advances the important public interest states have in protecting their workers and the broader community from the economic burdens that result from unscrupulous and exploitative employment practices,” according to the \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-leads-multistate-coalition-defense-state-minimum-wage\">brief\u003c/a> filed with the Ninth Circuit Court of Appeals last month.\u003c/p>\n\u003cp>Cal/OSHA has inspected at least one other immigration detention center in the state for worksite violations. After a guard at the Otay Mesa Detention Center in San Diego died of COVID-19 last year, the agency \u003ca href=\"https://www.osha.gov/pls/imis/establishment.inspection_detail?id=1530188.015\">fined\u003c/a> the facility’s operator, CoreCivic Inc., more than $23,000 for, in part, failing to meet reporting requirements about the death, according to agency records. CoreCivic contested the fines, and the case remains open.\u003c/p>\n\u003cp>Immigrant advocates say Cal/OSHA’s inspection of Golden State Annex is the first in California to be prompted by a complaint on behalf of detained workers.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED is not using the full names of complainants, who have requested anonymity from Cal/OSHA during its investigation because they fear retaliation during detention.\u003c/p>\n\u003cp>The agency, which declined to comment on its inspection, has six months to issue citations if any violations are found.\u003c/p>\n\u003cp>A California bill enacted last year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB263\">AB 263\u003c/a>, clarifies that private operators of immigrant detention centers must follow all state occupational health and safety regulations and public health orders.\u003c/p>\n\u003cp>Vladimir, who was included in the complaint, said he developed a persistent cough and shortness of breath while working at Golden State Annex. He said X-ray images revealed a dark spot in one of his lungs, but it remains undiagnosed. He fears it is connected to exposure to mold.\u003c/p>\n\u003cp>Breathing mold spores can lead to asthma, respiratory infections, cough and difficulty breathing, according to the \u003ca href=\"https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/AQS/Pages/Mold.aspx#HealthEffects\">California Department of Public Health\u003c/a>.\u003c/p>\n\u003cp>“I am afraid because my lung has been impacted. I have problems breathing,” the father of five said in Spanish. “The dust and mold are bad for our health and unfortunately, we are in a place where it feels that they don’t care about our health.”\u003c/p>\n\u003ch3>The GEO Group responds\u003c/h3>\n\u003cp>A spokesperson for GEO said the company strongly rejects the allegations while also denying a strike is taking place.\u003c/p>\n\u003cp>“Our ICE Processing Centers, including the Golden State Annex, are maintained in accordance with all applicable federal sanitation standards, with or without the contributions of Voluntary Work Program participants,” the spokesman said in a statement. “Choosing not to participate in a voluntary program cannot constitute a labor strike.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility. And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The company also rejected the allegation that Golden State Annex has not adequately implemented COVID-19 protections required for employers in California. State \u003ca href=\"https://www.dir.ca.gov/title8/3205.html\">rules\u003c/a> include notifying employees within one business day if they were exposed to an infected person, and training workers on the employer’s policies to protect them from virus hazards.\u003c/p>\n\u003cp>Attorney Lisa Knox, who helped detainees submit the Cal/OSHA complaint, said GEO’s health and safety record shows the company can’t be trusted to fix current problems at detention centers on its own.\u003c/p>\n\u003cp>“We want California to use its authority to protect the health and safety of these workers. And that means going in to inspect the facility,” said Knox, legal director at the California Collaborative for Immigrant Justice. “And we want them to take appropriate action, be that fines, be that requiring GEO to address some of these issues.”\u003c/p>\n\u003cp>Knox and other advocates have requested that California’s attorney general investigate additional potential labor issues at the detention center, such as minimum wage violations.\u003c/p>\n\u003cp>A spokesperson for California Attorney General Rob Bonta’s Office said the office is reviewing that request, but declined to comment further.\u003c/p>\n\u003cp>“To protect its integrity, we’re unable to comment on a potential or ongoing investigation,” the spokesperson wrote in an email.\u003c/p>\n\u003cp>A federal judge in Riverside ruled earlier this year that detainees working at another GEO-run facility in Southern California are considered employees under state law, Knox said.\u003c/p>\n\u003ch3>Is it wage theft? Dispute playing out in other states\u003c/h3>\n\u003cp>Last fall, a federal judge in Washington state ordered GEO to pay \u003ca href=\"https://www.seattletimes.com/business/private-prison-company-ordered-to-pay-23-2m-in-tacoma-detainee-minimum-wage-cases/#:~:text=The%20first%20trial%20ended%20in,and%20awarding%20the%20back%20pay\">$23.2 million\u003c/a> for failing to pay minimum wage to immigrant detainees who volunteered to cook and clean for $1 a day while held at a facility in Tacoma. The lawsuit was brought by Washington state’s attorney general and other plaintiffs.\u003c/p>\n\u003cp>GEO responded to the ruling by \u003ca href=\"https://www.knkx.org/law/2021-11-05/geo-group-halts-work-program-at-tacoma-jail-instead-of-upping-detainee-pay\">reportedly\u003c/a> closing its worker program at the Tacoma detention center. The company is seeking to reverse the judge’s order before the 9th U.S. Circuit Court of Appeals, arguing that states lack the authority to dictate how much to pay detainees because the work program they volunteer for is established by the federal government and is paid for by federal dollars.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last month, Bonta joined more than a dozen other attorney generals to support the state of Washington in the ongoing lawsuit against GEO.\u003c/p>\n\u003cp>“Washington’s Minimum Wage Act advances the important public interest states have in protecting their workers and the broader community from the economic burdens that result from unscrupulous and exploitative employment practices,” according to the \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-leads-multistate-coalition-defense-state-minimum-wage\">brief\u003c/a> filed with the Ninth Circuit Court of Appeals last month.\u003c/p>\n\u003cp>Cal/OSHA has inspected at least one other immigration detention center in the state for worksite violations. After a guard at the Otay Mesa Detention Center in San Diego died of COVID-19 last year, the agency \u003ca href=\"https://www.osha.gov/pls/imis/establishment.inspection_detail?id=1530188.015\">fined\u003c/a> the facility’s operator, CoreCivic Inc., more than $23,000 for, in part, failing to meet reporting requirements about the death, according to agency records. CoreCivic contested the fines, and the case remains open.\u003c/p>\n\u003cp>Immigrant advocates say Cal/OSHA’s inspection of Golden State Annex is the first in California to be prompted by a complaint on behalf of detained workers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"politicalbreakdown": {
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
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"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"order": 16
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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