Category: Press Statements

On May 6, 2015, the U.S. Senate Committee on Small Business & Entrepreneurship held a hearing on H-2B guestworker program regulations.

Below is a statement by Jacob Horwitz, Organizing Director of the National Guestworker Alliance (NGA):

6-4-14 action 4 350We applaud the new H-2B program regulations by the U.S. Department of Labor (DOL) and Department of Homeland Security (DHS). These new rules—one instituting a new wage methodology and one regulating the H-2B program—are long overdue, having previously been blocked by industry and Congressional backers who put greed over basic worker dignity. The new rules help protect wages and working conditions for the 24 million U.S. workers who work alongside guestworkers in core H-2B industries like seafood processing, construction, landscaping, and hospitality.

Testimony at yesterday’s hearing shows why low-road employers are opposing the rules: they are afraid of workers standing up for their basic rights. Seafood industry representative Frank Randol suggested that guestworkers’ joining the NGA and exposing forced labor was as worrying to him as floods and hurricanes. Low-road employers in the seafood industry have consistently opposed regulations that provide basic protections for workers, and have sought to employ those least able to enforce their rights. As Mr. Randol noted in his testimony, his own business turned from Vietnamese refugees to H-2B guestworkers, and most recently, to prison labor.

As in 2012, industry lobbyists are now making tired complaints of overregulation. But the evidence shows—and the Federal Courts and GAO have agreed—that the lack of adequate regulation has harmed U.S. workers and guestworkers alike. The reality is that the current system rewards employers who abuse the H-2B program as a source of cheap, exploitable workers.  Without the protections provided by these new rules, guestworkers like Olivia Guzman Garfias and Fausto Garcia Figueroa will continue to face retaliatory firing or blacklisting when they advocate for better conditions or come forward to expose abuse. Retaliation chills the ability of workers to enforce their rights, creates a race to the bottom, puts high-road employers at a competitive disadvantage, and drives down wages and conditions for all workers, including the 24 million U.S. workers who work alongside H-2B guestworkers.

The commonsense rules issued last week by the DOL and DHS provide important protections for all involved, including guestworkers, U.S. workers, and high-road employers:

  • prohibitions on employer intimidation, blacklisting, or other discriminatory behavior against guestworkers who seek to enforce their rights or consult with workers’ centers or attorneys, among other frontline advocates;
  • protections to prevent employers from shifting the costs of travel, visa, and recruitment to H-2B workers, thereby helping to prevent debt servitude;
  • stronger protections to ensure that unemployed U.S. workers have an opportunity to learn about and apply for the jobs;
  • an employer registration process valid for up to three years, which will expedite the certification process; and
  • stronger debarment provisions for employers and agents abusing the program.

These new rules are an important step in stopping the rampant forced labor and workplace abuse in the H-2B program, which the NGA has exposed on the supply chains of Walmart and other major corporations. They’re long overdue. And they should be supported by anyone who cares about the dignity of immigrant workers and the U.S. workers alongside them.

CONTACTS: Jacob Horwitz,, 504-452-9159

Stephen Boykewich,, 323-594-2347

workermarch_350On Wednesday, February 18, 2015, a federal jury awarded $14 million in damages to five H-2B guestworkers from India who joined the National Guestworker Alliance (NGA) and launched a nationwide campaign in 2008 to expose human trafficking and forced labor by Gulf Coast marine services company Signal International, together with its labor recruiters.

The following is a statement by NGA Legal Director Jennifer J. Rosenbaum:

“If any further vindication was needed, workers whose brave action exposed human trafficking to the Department of Justice, Equal Employment Opportunity CommissionU.S Congress, and the national press have now been vindicated by a federal jury as well.

“The jury found Signal and its agents guilty of a shocking list of violations: labor trafficking, fraud, racketeering, and discrimination, based on the Trafficking Victims Protection Reauthorization Act, Racketeer Influenced and Corrupt Organizations Act, and Ku Klux Klan Act.

“But more shocking is the reality that thousands of H-2B guestworkers in the Gulf Coast and throughout the U.S. continue to face the same dynamics of forced labor that the Signal workers did. Guestworkers continue to be legally bound to one employer, trapped by debt from recruitment fees and costs, and subject to employer threats of firing and deportation in retaliation for organizing.

“The most extraordinary part of the Signal story is the actions the workers took. After joining the NGA, hundreds of workers escaped the Signal labor camp, reported the company to the Department of Justice, marched from New Orleans to Washington, DC, testified before U.S. Congress, and held a 31-day hunger strike that burned the realities of guestworker abuse into the national consciousness.

“They also exposed that Signal had a powerful ally in trafficking the workers: Immigration and Customs Enforcement (ICE). Court testimony revealed that ICE advised Signal on performing illegal private deportations to punish workers for organizing and cover up the abuse.”


NGA Executive Director Saket Soni said:

“When these workers escaped the Signal labor camps in 2008, many lawmakers had never even heard of guestworker programs. Since then, thousands of guestworkers, including hundreds of NGA members, have come forward to expose the coercion inherent in the H-2B and other guestworker programs. As widely reported, WalmartHershey’s, and McDonald’s have joined Signal in the shameful club of companies that have been exposed while trying to escape responsibility for severe abuse of guestworkers on their supply chains.

“As policymakers and employers enter a new round of conversations on expanding guestworker programs, we need to remember that what happened at Signal International wasn’t an exception but an extreme example of the rule.

“As long as these programs continue to tie workers to a single employer, trap them in program-related debt, and leave them subject to threats of retaliatory deportation, severe abuse of guestworkers will be an everyday American reality.”

CONTACT: Stephen Boykewich,, 323-594-2347

Immigrant workers and families say that Governor Jindal does not speak for Louisiana

10860251306_0a3536a7d1_zNEW ORLEANS, LOUISIANA, February 17, 2015—A federal district court judge in Texas yesterday blocked the implementation of President Obama’s November 20, 2014, expansion of deferred action programs for undocumented immigrants. The case the judge ruled in was brought by 26 states, including Louisiana, represented by Governor Bobby Jindal and Attorney General Buddy Caldwell.

Saket Soni, Executive Director of the New Orleans Workers’ Center for Racial Justice and the National Guestworker Alliance, issued the following statement:

“This temporary setback is based not on law, but on the politics of a small but vocal minority of ideologues. This group is putting the politics of panic ahead of a modest action by the president that would let immigrants with deep ties to their communities and no criminal records take a modest step toward normalcy in their daily lives.”

“We are confident the president’s actions are in the country’s best interest and will withstand full legal scrutiny. We urge the Department of Justice to act swiftly to appeal the Texas judge’s decision and put implementation of these expanded deferred action programs back on track.”

“In supporting this lawsuit, Governor Jindal does not stand for the workers, families, faith communities, high-road employers, or others in the New Orleans community who value the dignity of our state’s immigrant families. Orleans Parish Sheriff Marlin Gusman joined dozens of other major city law enforcement leaders in a brief against the lawsuit, stating that ‘a preliminary injunction [against Obama’s immigration action] would cause significant harms and would injure the public interest.’”

“We urge New Orleans Mayor Mitch Landrieu, together with Louisiana elected officials, businesses, and community organizations, to express their confidence in the President’s immigration action and their support of Louisiana’s immigrant families.”

CONTACT: Stephen Boykewich, 323-594-2347,

On Thursday, November 20, 2014, President Barack Obama announced a plan for administrative immigration reform that will grant work authorization and temporary legal status to up to 5 million undocumented immigrants.

The following is a statement by Saket Soni, Executive Director of the New Orleans Workers’ Center for Racial Justice and the National Guestworker Alliance:

url-5We applaud President Obama for getting on the right side of history. The reforms he announced tonight were possible because millions of immigrant workers raised their voices, and the president listened.

Why these reforms are needed is nowhere clearer than in New Orleans, where Immigration and Customs Enforcement has created a brutal regime of racial profiling-based community raids that have undercut basic civil and labor rights.

Still, the temporary reforms are exactly that. They are not a substitute for full citizenship in our democracy and our economy, and we will continue to fight for a path to citizenship for all 11 million undocumented immigrants in the United States.

Because the 5 million people covered by the president’s reform are overwhelmingly the workers at the bottom of the U.S. economy, raising their wages and conditions will be crucial to lifting the floor for all workers in the U.S.

For years, we have exposed how employers in the South and around the U.S. use the threat of deportation as a weapon to stop workers from exposing labor abuse, and as a form of retaliation against worker organizing.

This makes it a major victory that the president’s reforms include expanded protections for victims of trafficking and other crimes who are participating in government investigations, as well as the creation of an interagency working group to “explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of retaliation.” When the immigrant workers at the bottom of our economy can organize for their rights without fear of retaliation, it helps raise the floor for all workers.

At the same time, the millions of immigrants not included by the president’s reforms are at risk of becoming a permanent underclass of exploitable workers. Those workers deserve the same fundamental civil and labor rights that we all do—and we’ll keep fighting for them.

Finally, we are concerned that the U.S. will be bringing more guestworkers into the tech sector without fundamental changes to the H1-B visa program that give workers the right to organize and access basic labor rights. We will continue to be a voice for guestworkers and the U.S. workers alongside them.

CONTACT: Stephen Boykewich,, 323-594-2347

march-350WASHINGTON, July 30, 2014 — In a letter sent to the Obama administration, a broad coalition of 153 civil rights, faith-based, and labor groups urged that any executive action on immigration uphold workers’ ability to press for their rights on the job.

The letter to U.S. Department of Homeland Security (DHS) Secretary Jeh Johnson called for “measures to ensure that workplace retaliation and the enforcement of immigration law do not continue to interfere with workers’ ability to assert their rights on the job.” Secretary Johnson is developing specific recommendations on executive actions to address the broken immigration system at the request of President Obama.

As the letter states, the current immigration system is being abused by exploitative employers who use workers’ immigration status against them, maintaining an underground economy characterized by substandard working conditions and below-market or illegally low pay. Workers who complain about substandard or dangerous conditions, wage theft, or civil rights violations are threatened with firing and immigration-based retaliation.

“A policy change is urgently needed,” the letter to Secretary Johnson says. “We urge you to enact broad relief along with enforcement reforms to guarantee that DHS policies do not interfere with workers’ rights and that immigration enforcement and retaliation are not used by abusive employers. By acting and improving protections for workers who expose illegal workplace conditions, you will raise the standards of all this nation’s workplaces.”

Marielena Hincapié, executive director of the National Immigration Law Center, said, “All workers, regardless of where they were born, should be able to stand up for a safe and just work environment without fearing that they will be ripped from their families by standing up for the safety of their coworkers. Unfortunately, that’s the reality many immigrant workers face today.”

“Until this issue is addressed, abusive employers will continue to game the system at the expense of good employers, and workers’ job site conditions and pay will remain artificially depressed, dragging down the economy,” Hincapié said. “President Obama has the legal authority and moral responsibility to act now.”

Added Sarita Gupta, executive director of Jobs With Justice, “We have renewed hope that we will see substantive relief from our nation’s broken immigration system this year. But relief must come with the responsibility of ensuring that our nation’s most vulnerable workers will have their rights protected on the job. Bad employers should no longer be able to game the system at the expense of all working people.”

Rocio Saenz, executive vice president of SEIU said, “The letter is intended to call DHS’s attention to the downward impact that workplace immigration enforcement can have on wages and working conditions. Our experience is that some of the worst employers actually benefit from the current policies because those who pay the best in a given industry tend to be targeted disproportionately, which lowers wages for all workers.”

“We urge President Obama to take immediate action to protect the millions of immigrant workers currently facing labor abuse,” said Saket Soni, executive director of the National Guestworker Alliance. “The undocumented cannot be a permanent underclass of exploited workers. We need strong worker protections to end their exploitation — and to lift the floor for the tens of millions of U.S. workers alongside them.”

The letter to Secretary Johnson is available at

On June 30, 2014, President Barack Obama announced plans to take executive action on immigration reform. The below is a response by Saket Soni, Executive Director of the National Guestworker Alliance (NGA) and New Orleans Workers’ Center for Racial Justice:

Today President Obama said that he needed to take action to reform immigration because under the status quo, employers are gaming the system and driving down wages.

That’s exactly why administrative immigration reform has to protect workers. Every day, immigrant workers who speak out against illegal wages, health and safety violations, and workplace discrimination face illegal retaliation from employers: firing and deportation. This not only traps immigrant workers in exploitation, it drives down wages and conditions for tens of millions of U.S. workers alongside them.

The Department of Homeland Security (DHS) can break this cycle by following the civil and labor rights recommendations that the New Orleans Workers’ Center presented to it in May. That means ensuring that DHS actions do not discourage workers from taking action to protect and enforce their own rights and the rights of their coworkers, and that immigration enforcement doesn’t undermine workers’ wages and conditions. It also means DHS must ensure protections for civil rights leaders who come forward to expose the on-the-ground realities of workplace abuse.

President Obama should also stop appeasing the far right by caving in to xenophobia and demagoguery. That strategy has failed, and his announcement today shows that he knows it — but his move to expedite the deportations of unaccompanied children threatens to continue the failure.

Instead, the President should focus on protecting the civil and labor rights of immigrant workers and families, for the sake of every worker in America.

This week, The Guardian reported that Walmart and other major retailers are selling seafood produced by Burmese migrant workers trafficked onto slave ships in Thailand.

The below statement is by Olivia Guzman, a guestworker in the U.S. seafood industry and member of the National Guestworker Alliance (NGA), on June 13, 2014:

Olivia-statement-350Watching the report on conditions for workers on these slave ships, I’m angry and appalled. It is clear that slavery is still alive in 2014.

As a longtime migrant worker who came from Mexico to the U.S. on H-2B visas, I know what it means to leave your home to find a way to support your family. Compared to the workers from Burma and Thailand who ended up being sold onto slave ships, my fellow guestworkers and I are privileged. At the same time, we see ourselves in them. We also arrive to a system where bosses hold us in abusive conditions by using threats. For the workers in Thailand the threats are violence and death. For us in the United States the threats are deportation and blacklisting.

I joined the NGA in 2009 because I had seen too much abuse, and I wanted to change it. I worked in seafood processing on the supply chains of Walmart and other retailers for nearly 17 years. My fellow workers and I have often been paid below the minimum wage. We live in crowded labor camps on company property under constant surveillance. We fear firing, deportation, and blacklisting all the time. In one plant supervisors even hit us to make us work faster. When workers spoke up, employers would silence them with the threat of blacklisting: locking workers out of jobs permanently by removing them from the employment list and reporting them to immigration so they would no longer be able to work in the U.S.

As a member of the NGA I met many other workers like me and began to organize. I spoke up in meetings, visited worksites, and brought grievances about the labor camp to my boss.  For that I was blacklisted this season. I knew about this risk, but I knew that if I didn’t speak up, the abuse would keep getting worse. I’ve been encouraging my co-workers here to stand up and organize, and I want to tell the migrant workers enslaved in Thailand to do the same.

Walmart and other major brands should be ashamed of profiting from this abuse, and they should work to stop it. They should take responsibility for conditions we migrant workers face on their supply chains in the U.S. and in Thailand. Walmart is a very powerful company, and if they want to stop this abuse, they can do it.

Stopping buying from a known abuser isn’t enough. Brands need to make sure their suppliers enact protections to block forced labor and threats of retaliation, which keep workers from coming forward to report abuse and exploitation.

That’s why we have launched the NGA Forced Labor Prevention Accord. We urge major retailers like Walmart, Target, Whole Foods, and others to sign the accord as a step toward avoiding this extreme abuse.

Workers around the world have shown bravery to stand up against abuse and forced labor. Big retailers need to do the same.

CONTACT: Stephen Boykewich,, 323-594-2347

Guestworkers Expose Blacklisting in LA Seafood Industry

Workers confront employer, file federal complaint after blacklisting

6-4-14 action 350NEW ORLEANS, LA—On Thursday, June 5, 2014, guestworker members of the National Guestworker Alliance (NGA) launched a fight to end blacklisting by employers in the seafood industry—a weapon of coercion that silences workers and contributes to forced labor.

Workers and community allies from the Congress of Day Laborers and STAND with Dignity filed a National Labor Relations Board (NLRB) complaint against Bayou Land Seafood, which blacklisted guestworker Olivia Guzman after she joined the NGA and spoke out against sub-minimum wage pay, decrepit housing, and organized her coworkers to try to improve working conditions at Bayou Land and across the industry.

“My sister and brother-in-law won’t even talk to me now because they don’t want to be cut off,” Olivia said. “That’s why we have to fight this. If we don’t, the bosses and their recruiters will see that they can just blacklist anyone who demands their rights, and more and more abuse will happen.”

Employers and recruiters use blacklisting—refusing to rehire guestworkers and/or reporting them to immigration authorities—as a weapon of coercion against guestworkers, who depend entirely on the ability to return to the U.S. each year for regular seasonal work.

Olivia defied the threats and helped form the Seafood Worker Organizing Committee, alongside former guestworkers from Walmart supplier CJ’s Seafood, which subjected guestworkers to forced labor. Olivia has also served as a guestworker on the Walmart supply chain.

“When I decided to become a leader in the NGA, I knew what I was exposing myself to, but I had seen too much abuse to stay silent,” Olivia said. “I had to fight for my rights and the rights of all workers.”

On June 4, Olivia and allies confronted her former employer at the Bayou Land Seafood plant in Cecilia, LA, but he refused to rehire her or pledge to protect future workers from blacklisting.

After filing the NLRB complaint on June 5, Olivia and her allies delivered formal requests to Walmart, Whole Foods, and Target, asking that they refuse to purchase seafood from Bayou Land Seafood until the company agrees to rehire Olivia and sign the NGA’s Forced Labor Prevention Accord, which would protect workers from blacklisting and other forms of employer coercion.

“Major retailers like Walmart and Whole Foods can end forced labor on their U.S. supply chains any time they want,” said NGA Lead Organizer Jacob Horwitz. “They set the standards for their suppliers, and they need to demand an end to blacklisting as a weapon of fear.”

In coming weeks, NGA and its members will engage with workers, allies, and consumers to encourage retailers and other seafood buyers to sign the Forced Labor Prevention Accord.



Stephen Boykewich, 323-594-2347,

Jacob Horwitz, 504-452-9159,

On February 18, 2014, the U.S. Department of Labor vindicated the J-1 student guestworker members of the National Guestworker Alliance (NGA) who went on strike from McDonald’s restaurants in Central Pennsylvania in March 2013. The USDOL cited the McDonald’s franchisee for minimum wage violations against 291 fast food workers, awarding them $205,977 in back wages and liquidated damages.

Below is a statement by NGA Executive Director Saket Soni:

Credit: Christine Baker |

Today, some of the most vulnerable workers in America—immigrant guestworkers—won a major victory not only for themselves, but for the U.S. workers alongside them. Brave student guestworkers from Argentina, Malaysia, and other countries defied threats of retaliation and went on strike to end the severe exploitation they faced at McDonald’s stores last year, including sub-minimum wage pay, unpaid overtime, and overpriced company housing. These NGA members won $205,977 in back wages and damages not only for the 178 guestworkers who worked at these McDonald’s stores, but for 113 U.S. fast food workers alongside them, including formerly incarcerated people and political refugees.

This victory comes as tens of thousands of McDonald’s workers around the U.S. are demanding a living wage of $15 an hour and the right to form a union without retaliation. McDonald’s must meet those demands.

But this victory also shows that raising wages is not enough. As long as employers like McDonald’s can use threats of retaliation and deportation to exploit immigrant workers, the wages and conditions of the U.S. workers alongside them will never be secure. But by protecting the right to organize for the most vulnerable workers, we help raise the floor for every worker in the U.S.

President Obama stressed in his State of the Union that he’s ready to take executive action to combat income inequality. That action needs to include protections for immigrant workers who come forward to expose abuse from retaliatory deportation.

And now that the DOL has vindicated these workers, McDonald’s corporate can’t hide behind its franchisee and wash its hands of the abuse. McDonald’s must:

  1. Conduct an audit of its franchisees and reveal where else guestworkers are working so that NGA can ensure they are free from abuse;
  2. Publicly commit that when any McDonald’s franchisee commits wage theft or other labor law violations, McDonald’s corporate will take responsibility by making the workers whole and punishing the franchisee; and
  3. Meet the nationwide demand for a $15 an hour wage and the right to form a union without retaliation.

CONTACT: Stephen Boykewich,, 323-594-2347

The U.S. Court of Appeals for the Third Circuit recently upheld the right of the U.S. Department of Labor (DOL) to set prevailing wages in the H-2B guestworker program.

Below is a statement by Jennifer J. Rosenbaum, Legal Director of the National Guestworker Alliance (NGA):

workers“The decision by the U.S. Court of Appeals for the Third Circuit affirms the critical role of the Department of Labor, and shows that DOL was right all along: raising the prevailing wages for employers in the H-2B program is necessary to protect job quality for all workers—both guestworkers and the U.S. workers alongside them. The NGA has fought continuously to make sure that prevailing wages for H-2B employers are fair to all workers, and that employers don’t further disadvantage U.S. workers by taking unlawful deductions or kick-backs.”

“The Obama Administration’s Department of Labor, under previous Secretary Hilda Solis and now under Secretary Tom Perez, has shown balanced leadership by proposing critical regulations that level the playing field for the more than 24 million workers in key H-2B sectors. Both the wage rule and the comprehensive rule are balanced compromises, and are critical to protect guestworkers and the U.S. workers who work alongside them. Now Congress needs to stop blocking implementation of the DOL’s comprehensive H-2B regulations, which prohibit employer retaliation against workers who expose exploitation by H-2B employers and prohibit temporary staffing agencies from using the program to undercut U.S. workers.”

NGA co-founder and leader Daniel Castellanos said:

“The court has caught up with what thousands of guestworkers have been saying since Hurricane Katrina: to stop exploitation in guestworker programs, we need higher prevailing wages, and we need protections from employer retaliation to make sure that the rules of the program are enforced.”

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