All the workers were legally working at the location under the H-2A temporary visa, the U.S. Department of Labor said, which means Gonzalez was required by law to pay them fair wages and house them in proper living quarters. The workers, with duties that included cultivating and harvesting potatoes, watermelon, and onions, were required to work 40-hour weeks for $10.95 minimum hourly rate, but that was not the case.
Kristina Espinoza, a labor department investigator, told The Los Angeles Times that Gonzalez was paying the workers $0.13 to $0.70 per bag. She also described the farm as a “makeshift labor camp” that was “dangerous” and “unsanitary.”
The conditions of their “home” sound truly terrifying. The workers apparently showered in stalls that were inside a cargo container. They didn’t have a working sewage system, and had to share one toilet in the trailer or resort to using port-a-potties.
Gonzalez responded to the charges by placing the workers at two hotels. But just last week, an employee told the labor department that Gonzalez charged his own employees for staying at the hotel.
One man knows this reality all too well as he was arrested and put on trial for helping save the lives of migrants attempting to cross into the US by leaving them water and food. His case resulted in a mistrial because the jury couldn’t reach a unanimous verdict.
After a jury failed to convict him, Scott Warren is again facing prison time for giving water to migrants.
Federal prosecutors announced Tuesday they will retry humanitarian aid volunteer and immigration rights activist Scott Warren on two charges related to aiding migrants along the U.S.-Mexico border.
This comes just a few weeks after a jury refused to convict Warren for providing water, food, clean clothes and beds to two undocumented migrants crossing the Sonoran Desert in southern Arizona.
Eight jurors found Warren not guilty; four said he was. Federal prosecutors will make their case against Warren again in an 8-day jury trial in November.
If convicted on the two felony migrant harboring charges, Warren faces up to 10 years in prison.
According to CNN, prosecutors “unexpectedly offered a plea bargain to Warren” on Tuesday that would drop the two charges in exchange for a guilty plea on the misdemeanor charge of “aiding and abetting illegal entry without inspection.”
Whether Warren will take the plea deal remains to be seen. Warren’s lawyer says that the deal is open for 10 days and that it is up to his client to consider what action he wants to take. If Warren decided to go back to court, the trial would begin in November.
Here is Scott Warren’s statement after prosecutors made the announcement.
Leaving the courthouse, Warren expressed more allegiance than ever to the cause that he has supported so deeply:
“Today it remains as necessary as ever for local residents and humanitarian aid volunteers to stand in solidarity with migrants and refugees, and we must also stand for our families, friends, and neighbors in the very land itself most threatened by the militarization of our borderland communities.”
The new charges come after just a few weeks ago a jury in a federal court reached a mistrial and failed to convict him.
He faced up to 20 years in jail but was freed in June after a mistrial ruling in his case. Eight of the 12 jurors wanted to acquit Warren on all three charges Arizona prosecutors had pushed.
A mistrial is not an acquittal, and Arizona prosecutors are scary crazy. It was reported on Tuesday that, while they were dropping one of the three charges, Tucson, Arizona, prosecutors would continue to pursue two charges of “harboring illegal aliens” against Warren.
One Twitter user pointed out the absurdity of the case but that the cruelty is the point with this administration.
Not only is the Trump administration working hard to make the lives of migrants difficult and miserable once they’re in the US (especially those that are being kept in migrant detention centers) but it’s also working to criminalize those who try to help migrants.
Other’s pointed out the irony of the case given the actions of our own government.
The news of this retrial comes as shocking reports of the conditions inside migrant detention centers are going viral.
Many on Twitter were coming for Arizona, pointing out not only the ethical blunder of the decision but also the extreme waste of tax dollars.
Aside from sending the message that people shouldn’t help those in need, the court cases, especially if the government loses a second time, are costing taxpayers hundreds of thousands of dollars. In a state with record low education funding and growing income inequality, you think the state would have figured out its priorities.
Farmworkers face dangerous and even life-threatening conditions each and every day they’re at work. It’s a seriously difficult job to do but so many of our country’s most at-risk people are the ones doing it.
Our nation’s farmworkers face discrimination, refusal of payment, immigration crackdowns, physical injury, and now – according to an NBC report – an outbreak of valley fever.
This outbreak of valley fever has the potential to be deadly for farmworkers.
A new NBC News report details the story of Victor Gutierrez, who contracted valley fever, a dangerous fungal disease. Victor was suffering from flu-like symptoms – coughing, night sweats, exhaustion, and a strange feeling that he was burning up on the inside. He ignored the symptoms and kept working so that he wouldn’t lose his job but eventually the illness caught up with him and he was struggling to breathe.
The next day, Gutierrez’s lungs filled up with fluid and he felt so sick that he went to a local clinic. This time, they tested him for valley fever, and it came back positive.
He told NBC News: “The nurse called me and told me to rush to the clinic because it was an emergency.” They told him he might only have six months to live.
While Gutierrez managed to beat those odds by taking the antifungal medication fluconazole for more than a year, he has seen valley fever kill many other people he’s known.
The worst of the valley fever outbreak is happening where nearly two-thirds of our nuts and fruits come from – putting a huge amount of workers at risk along with our economy.
In California, rates of new cases rose 10 percent in just one year. The state budget has $8 million for valley fever research, while about $3 million will go to the Valley Fever Institute at Kern Medical Center, in the heart of the growing threat.
These figures pale in comparison to the actual costs associated with valley fever. In 2011, California spent approximately $2.2 billion in valley fever-related hospital expenses.
Climate change has been singled out as a possible cause for the outbreaks.
Coccidioidomycosis or cocci (pronounced “coxy”), the fungus that causes valley fever, thrives in dry, undisturbed soil. It becomes airborne when that soil is disturbed – whether it’s by dirt bikes, construction crews, or farmers putting in a new fruit or nut orchard. It can travel on the wind as far as 75 miles away. Years of climate change-fueled drought and a 240 percent increase in dust storms appear to have led to a swift rise in the number of people diagnosed with the illness across the Southwest.
Adding to the threat of valley fever is that 49% of farmworkers are undocumented and unlikely to seek medical care for fear of deportation.
Like 68 percent of the estimated 800,000 farmworkers in California, Gutierrez was born in Mexico. An estimated 49 percent of the state’s farmworkers lack work authorization and most live under the federal poverty line in unincorporated communities with few public services.
Undocumented residents are far less likely to visit a doctor or a hospital, even for urgent medical care. This puts an already at-risk group of people at greater risk of health complications.
Other’s are forced to make a choice between eating or medicine.
Like many farmworkers who contract the illness, Gutierrez found the cost of the antifungal medication needed to treat valley fever totally unaffordable. At the height of the illness, it cost $1,200 for two months of pills because he had to take two to three times as many as one would if they were treating a typical candida infection.
He didn’t have insurance at the time and said his family often had to choose between food and his medication. He still isn’t able to work regularly and his family mainly survives on the money his wife, Maria, makes in the fields.
People took to Twitter to worry about what this meant for the state and its farmworkers.
With more than 800,000 at-risk farmworkers, people who work in the fields to help deliver foods to plates across the country, this is an urgent problem.
Valley fever could leave large groups of the community unable to work.
While some offered up first-hand experience on their battle with valley fever.
Although valley fever is often mild with no symptoms, it has the potential to be deadly – especially in at-risk groups. Symptoms include fatigue, cough, fever, night sweats and can progress to painful skin lesions and fluid-filled lungs.
Thankfully, vaccines are in the works but they won’t be a silver bullet.
Two vaccines are in the works – at the University of Texas and the University of Arizona – but it’s not clear how close they are to being tested on humans.
Three members of Congress from the Southwest last month introduced a federal bill, the FORWARD Act, in an effort to increase public awareness of the disease while “promoting the development of novel treatments and a vaccine.”
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