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<\/a><\/div>\nWhat the Governor said:\u00a0\u201cFarmworkers are the backbone of our economy and we won\u2019t stand by as bad actors use the threat of deportation as a form of exploitation. In the absence of Congress modernizing our broken, outdated immigration system, California continues our efforts to support immigrant families.\u201d<\/p>\n
Why it matters:\u00a0An estimated 50 percent of farmworkers in California are undocumented. The fear of retaliation from bad actor employers, including the threat of deportation and difficulties obtaining other jobs without work authorization, is a common reason why many workers in the agriculture industry do not file labor claims or provide information as witnesses. This new pilot program looks to prevent the exploitation of undocumented farmworkers by providing additional tools for California labor enforcement departments to help address workers\u2019 fears of pursuing their rights due to their immigration status.<\/p>\n
\u201cThe time is now for us to ensure that immigrant labor rights are upheld and respected.\u00a0 We commend the state for supporting this pilot, which will help ensure that legal services are available and accessible through partnerships with trusted community-based organizations across California,\u201d said Maria Elena De La Garza, Executive Director of the Community Action Board of Santa Cruz County. \u201cThe Community Action Board of Santa Cruz County is committed to uplifting immigrant labor rights so that all families can continue to thrive.\u201d<\/p>\n
\u201cProsecutorial discretion ensures that farmworkers will be empowered to enforce their labor rights and stand up against the abuse and exploitation they often face,\u201d said Diana Tellefson Torres, Chief Executive Officer of the UFW Foundation. \u201cUndocumented farm workers \u2013 who form such a large and essential portion of our nation\u2019s workforce \u2013 must be able to enforce their rights without the threat of immigration retaliation.\u00a0 Additionally, 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 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.\u201d<\/p>\n
This new program aligns with a recently announced Biden administration policy that\u00a0streamlines and expedites\u00a0<\/a>deferred action for undocumented individuals who are victims of, or witnesses to, violations of labor rights. California is leading the way in coordinating with the\u00a0Biden Administration<\/a>\u00a0to aid noncitizen workers with such deferred action requests. The California Labor Commissioner\u2019s Office was the first state agency in the nation to successfully request deferred action from the Biden Administration for employees under an active investigation.<\/p>\n This pilot will be administered through a partnership between the California Labor & Workforce Development Agency and the California Department of Social Services that will support the enforcement of agricultural worker labor rights, particularly in worksite-wide investigations. Services will not be limited by an individual\u2019s immigration status. To be eligible, cases must be under review by the Department of Industrial Relations\u2019 Labor Commissioner\u2019s Office, the Division of Occupational Safety and Health or the Agricultural Labor Relations Board. Legal service\u00a0providers will be available based on farmworker population estimates and provider capacity.<\/p>\n