ILNews

Center, interns address migrant workers' legal rights

Back to TopCommentsE-mailPrintBookmark and Share

Every summer, while largely unseen by most Hoosiers, migrant workers visit Indiana to work on farms with promises of wages, safe living conditions for themselves and their families, possible reimbursement for travel costs, and a host of other things they are allowed under the Migrant and Seasonal Agricultural Worker Protection Act.

Yet every year, there are camps and farmers that don’t follow the law and migrant workers don’t receive what they were promised.

Indiana Legal Services Migrant Farm Workers Center, led by Melody Goldberg, helps these workers understand their legal rights. The center has interns who Goldberg trains to travel in pairs to visit the workers during the summer farm season.
 

Migrant Melody Goldberg, front, leads the Indiana Legal Services Migrant Farm Workers Center that helps workers with legal matters. Traveling in pairs to workers’ camps throughout Indiana are interns Katie Bailey, back from left, Cristal Cabrera, and Jim Smerbeck. Mercedes Rodriguez, not pictured, is also interning at the center. (IL Photo/ Perry Reichanadter)

While the outreach typically takes place only in the summer, Goldberg spends the rest of the year preparing the internship program and preparing lawsuits in an office where a map of Indiana has seemingly countless multi-colored pins to represent different camps where migrant workers have lived.

Goldberg said she and her interns don’t literally go into the fields or farms, but instead meet them where they live, generally in houses, trailers, or apartments if the farmers have them on the property. Sometimes they live in hotels if the season is particularly short for the job, such as corn detassling that only occurs over four to six weeks.

In many cases, even if the camp is on or near the farm, the farmer may live many miles away or a large company might oversee the farm and not have an owner on site or even in the state.

To prepare her four summer interns, Goldberg conducted training at the ILS Indianapolis office during three days in late May, ending with a trip to two farms in southern Indiana.

She explained to the interns what’s most important to the workers of all their rights: whether or not they get paid.

However, she said, it’s still important to document everything they notice that is not up to the standards of the MSAWPA.

“They probably won’t complain if a poster detailing their rights isn’t posted in a common area,” she said, “but it’s good to include that in a report along with all other violations,” even if they seem minor to the workers.

She gave an example of a group of workers who traveled by bus to Indiana – something she said is fairly uncommon as most workers tend to drive their own cars or vans to get to work sites. In that case, the workers had complained about wages, but it turned out the bus was missing proper windows, the workers were pelted by rain for part of their journey, and their luggage blocked the exits.

She said they may have been bothered by the traveling conditions, but that wasn’t their main complaint.

In other situations, even if the workers don’t get everything they were promised, she said they still won’t file a lawsuit because it’s not worth it to them to deal with the court process.

Because many of the workers live in Texas or Florida, she said she will sometimes work with those state’s equivalents of the ILS program to help file lawsuits in their courts instead of in Indiana. She added some come from other Midwestern states, and most are of Mexican origins and a fair number are from Haiti.

But of the handful of lawsuits she has filed, all have settled before going to trial.

As to whether the outcomes of the settlements were fair, she said “yes and no.”

Like all lawsuits, the plaintiff thinks they’re entitled to everything, which for migrant workers is up to $500 per worker per violation per year. So if there was a mom, dad, and a child, and each had a claim, they can claim up to $1,500. If all three people could claim three violations per person the first year, four violations per person the second year, and six violations per person the third year, that’s up to $19,500 they can claim.

And like all lawsuits, the defendants will claim they don’t owe the plaintiffs anything or maybe a small portion of what the plaintiffs ask for.

Goldberg said it’s then part of her job to explain to the workers that if they file a suit, even if they win at the trial level – and she said she wouldn’t likely request a jury trial if one did progress to that level – the worker could still need to wait for the appeals process, which could take a few years. They would also need to return to Indiana for court dates, which might not be feasible for them.

Once they learn how long they might need to wait, she said, they decide they’d rather have the money they need right away and settle for much less than they could possibly get if they were willing to wait up to five or six years.

In many of these situations, the workers not only stop working for the farmer they sue, but they also stop coming to Indiana.

Because Goldberg has always settled cases she’s filed since joining the program in 2006, there has been no way to enforce changes on the farmers.

While Goldberg and the interns spend the summer fact finding and seeking violations of the act that’s there to protect migrant workers, she said some camps are fine, and at least one she has seen had nice apartments with new kitchens and appliances.

She has also helped migrant workers with legal issues other than employment issues such as immigration matters, family law issues, public benefits questions, and tax matters.

The interns who are working for the center this summer have different reasons for being there.

Jim Smerbeck, who just finished his first year at Indiana University School of Law – Indianapolis, worked with former migrant workers in a program that helped them find permanent jobs and encouraged computer literacy. While there, he saw a gap in the legal representation.

Cristal Cabrera said the program “hit close to home” for her because she would hear her own family talk about what it was like for them to come to the United States. Some of her family members were migrant workers themselves, and she was interested to see what it was like for migrant workers now.

“I want to help those who need help the most,” she said, adding her family members were excited for her opportunity.

“I think they’re waiting to hear about what I experience and what feelings I have after I do outreach this summer,” said Cabrera, who just finished her first year at Valparaiso University School of Law.

Mercedes Rodriguez said her situation was similar to Cabrera’s in that her relatives also immigrated to the United States. She said she was from a large Cuban family and thought this experience “would be a great fit.”

She said she looked forward to using her Spanish language skills to empathize with the workers. Like Smerbeck, she also just finished her first year at I.U. School of Law – Indianapolis.

Katie Bailey, who just finished her sophomore year at St. Louis University, said she lived in Mexico and had heard stories from family members of migrant workers. She said she was interested in trying to help people who were in similar situations to the stories she had heard.

Said Goldberg, “The Migrant Farm Workers Center’s work would not be possible without the students.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

ADVERTISEMENT