The Governor Gavin Newsom announced a new $4.5 million pilot program to provide free legal services to farmworkers involved in state labor investigations.
The program includes case review services, legal advice and attorney representation, all at no cost to farmworkers seeking assistance.
“Farmworkers are the backbone of our economy and we will not stand idly by as bad actors use the threat of deportation as a form of exploitation. In the absence of Congress modernizing our broken and outdated immigration system, California is continuing our efforts to support immigrant families,” Newsom said.
An estimated 50 percent of farmworkers in California are undocumented, while fear of retaliation from bad employers, including the threat of deportation and difficulties in obtaining other jobs without work authorization, has become a common reason why many agricultural workers do not file labor claims or provide information as witnesses.
This new pilot program seeks to prevent the exploitation of undocumented farmworkers by providing additional tools to California labor enforcement departments to help address workers' fears of exercising their rights due to their immigration status.
“Now is the time for us to ensure that immigrants’ labor rights are upheld and respected. We commend the state for supporting this pilot, which will help ensure that legal services are available and accessible through partnerships with trusted community organizations throughout California,” said Maria Elena De La Garza, executive director of the Community Action Board of Santa Cruz County.
“The Santa Cruz County Community Action Board is committed to improving immigrant labor rights so that all families can continue to thrive,” she added.
For her part, Diana Tellefson Torres, executive director of the UFW Foundation, stressed that “prosecutorial discretion ensures that farmworkers will be empowered to assert their labor rights and confront the abuse and exploitation they often face.”
He also stressed that undocumented farmworkers, who make up such a large and essential portion of the country's workforce, must be able to assert their rights without the threat of immigration retaliation.
She added that “it is of utmost importance that undocumented workers have access to free and low-cost legal services, so that any farmworker who has experienced workplace violations can come forward knowing that they are protected from deportation. We are excited about the new pilot program and look forward to working with Governor Newsom to make it a success.”
Services will not be limited by an individual's immigration status. To be eligible, cases must be under review by the Department of Industrial Relations' Office of the Labor Commissioner, the Division of Occupational Safety and Health, or the Agricultural Labor Relations Board. Legal service providers will be available based on estimates of the agricultural worker population and provider capacity.
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