Latin America - Polaris https://polarisproject.org Polaris works to reshape the systems that allow for sex and labor trafficking in North America and operates the U.S. National Human Trafficking Hotline. Thu, 29 Feb 2024 17:30:08 +0000 en-US hourly 1 https://polarisproject.org/wp-content/uploads/2020/01/favicon.ico Latin America - Polaris https://polarisproject.org 32 32 Restoring Power to Our Guest Workers https://polarisproject.org/blog/2023/10/restoring-power-to-our-guest-workers/ Fri, 27 Oct 2023 14:17:42 +0000 https://polarisproject.org/?p=17790 Actions are needed to help mitigate H-2B workers’ vulnerabilities and empower them to secure their rights and pursue safe, justly compensated work in the U.S.

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]]> The current rules for H-2A and H-2B visas create dangerous power imbalances between guest workers and employers. Because these workers must remain employed by their visa sponsor — risking loss of legal immigration status if they separate — those in abusive situations are often forced or coerced into staying silent. 

Fortunately, the U.S. government is beginning to recognize this inequality. In October 2022, it launched the H-2B Worker Protection Taskforce, a major acknowledgement that these visa holders face numerous human and labor rights violations in the U.S., including labor trafficking — a concern that Polaris has persistently brought to light. 

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Through operating the National Human Trafficking Hotline, Polaris has heard from hundreds of workers in diverse industries covered under the H-2B program, including construction, meatpacking, amusement parks, hospitality, landscaping, and forestry. Many have had their wages stolen or withheld, supposedly to pay back costs for travel to the U.S. or basic needs. This debt bondage, along with other force, fraud, and coercion, keep workers in exploitative situations. For example, 68% of H-2B trafficking victims reported threats of deportation or immigration consequences if they failed to comply with employers’ demands.

After a year of dedicated advocacy work with coalition partners, Polaris is encouraged by the progress reflected in the H-2B Worker Protection Taskforce’s recent report, which identified the following needed actions: 

  • Deferred action to support legal claims: The U.S. government should protect workers involved in labor disputes with their employers by guaranteeing deferred action and allowing workers to remain in the country during an investigation. This could reduce the fear of retaliation that discourages workers from pursuing their rights.
  • Creation of a data hub: Having easy access to relevant data on H-2 workers is key in combating labor abuses and holding companies accountable for complying with the rule of law. As a first step toward leveraging existing data, the Department of State will publish anonymized data on a quarterly basis to inform outreach and advocacy efforts.
  • Improved recruitment monitoring system: To reduce vulnerability, especially to debt bondage, a better monitoring system would enable the Department of Labor to inspect every aspect of the recruitment process and ensure that common but illegal recruitment fees are not being charged. 
  • Outreach and education on worker rights: Under proposed measures, labor and human rights organizations would be able to visit workers in employer-provided housing, which is currently prohibited. The Department of Labor also created a helpful tool for migrant workers, which provides important information about rights and other resources to workers in English and Spanish.

These provisions will help mitigate H-2B workers’ vulnerabilities and empower them to secure their rights and pursue safe, justly compensated work in the U.S. Although much remains to be done in fighting labor exploitation and trafficking, the Taskforce’s efforts are a significant stride in the right direction.

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]]> New Department of Homeland Security Guidelines Give Power Back to Immigrant Workers https://polarisproject.org/blog/2023/03/new-department-of-homeland-security-guidelines-give-power-back-to-immigrant-workers/ Tue, 14 Mar 2023 14:47:06 +0000 https://polarisproject.org/?p=16731 The Department of Homeland Security has taken an important step to protect noncitizen workers from exploitative  employers who threaten them with retaliation related to their immigration status.

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]]> The Department of Homeland Security (DHS) has taken an important step to protect noncitizen workers from exploitative employers who threaten them with deportation or with other types of retaliation related to their immigration status. From now on, DHS will expedite deferred action for those workers who have experienced or witnessed work violations and would like to cooperate with the investigation. 

When workers call the National Human Trafficking Hotline to report abuses at their workplaces, one of the most common methods of control they mention is threats of deportation. In fact, between 2018 and 2020, nearly 6 out of every 10 H-2A visa holders that reported their trafficking situation to the Trafficking Hotline said they were being threatened with immigration consequences if they complain about the exploitative working conditions.

With these new guidelines, noncitizen workers can submit a “Deferred Action” request and an application for “Employer Authorization” in a new centralized intake office, a step that halts any deportation proceedings and provides temporary immigration protections. This is a clear message to employers that use threats of deportation as a way to control foreign workers. At the same time, it offers an important incentive for workers to feel more protected when they see or experience violations of their labor rights. 

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Polaris has highlighted the importance of effectively protecting noncitizens workers against trafficking and exploitation, and some of the unique vulnerabilities that they experience: isolation, remote work sites, dependency of the employer for housing and transportation, low English proficiency, lack of access to support networks, just to mention a few of them. These new guidelines could benefit vulnerable workers in many industries across the country, regardless of their status, which is an important development toward empowering foreign workers. The connection with appropriate legal services remains essential and for isolated workers, this is a real challenge.

The new guidelines work hand in hand with two other important announcements that also can contribute to empower workers to report violations to their rights. First, in July 2022, the Department of Labor (DOL) released a document to provide workers with “guidance on how to seek the department’s support for their requests to the Department of Homeland Security for immigration-related prosecutorial discretion.” Another tool for immigrant workers is the new guidance from the National Labor Relations Board (NLRB) that makes it easier for them to safely participate in investigations without fearing for their immigration status. Polaris is pleased to see DHS and DOL taking these critical steps — and we will keep working towards a labor environment free of trafficking and exploitation. 

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]]> Polaris Partners with Mexico’s Government to Combat Labor Trafficking https://polarisproject.org/blog/2022/11/polaris-partners-with-mexico-to-combat-labor-trafficking/ Thu, 17 Nov 2022 00:06:47 +0000 https://polarisproject.org/?p=15683 It is no secret that the U.S. agriculture industry is largely sustained by a Mexican workforce, as few U.S.-born workers are willing to take these difficult and low-paid jobs. This is why Polaris has been working tirelessly with the Consulates from Mexico in the U.S. to speak directly with the Mexican community working in the U.S.

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]]> Good relationships with neighbors are always important — especially when neighboring countries need to work together to address issues that impact the quality of life of their people. For Mexico and the United States, labor trafficking is one of these issues. 

It is no secret that the U.S. agriculture industry is largely sustained by a Mexican workforce, as few U.S.-born workers are willing to take these difficult and low-paid jobs. This is why the U.S. offers the H-2A visa, which allows foreign nationals to come to the United States temporarily to work in the agricultural sector. More than 90 percent of these visas go to Mexican nationals. 

Sadly, statistics from the National Human Trafficking Hotline show that H-2A visa holders are highly vulnerable to labor trafficking. Between 2018 and 2020, the Trafficking Hotline identified more than 2,800 H-2A visa holders who reported being victims of labor trafficking. And across all sectors, almost 60% of victims of forced labor are foreign nationals in cases where the Trafficking Hotline is able to identify immigration status. Mexicans are by far the most reported nationality among foreigners who are exploited by traffickers in our country. 

This is why Polaris has been working tirelessly with the Consulates from Mexico in the U.S. to speak directly with the Mexican community working in the U.S. Whether they come to work every year or have a more permanent job, Polaris aims to spread the word about human and labor rights and also about resources available for workers. In 2022 alone, Polaris has reached approximately 3,500 Mexican citizens, and at least 272 consular officers have been trained to recognize human trafficking.  

Polaris and officials from the Mexican Embassy sign an agreement to expand training opportunities.

This relationship with the Mexican Consulates started back in 2016, and now the Consular Network and Polaris have signed an agreement in order to formalize this collaboration and expand training opportunities with agents that have direct contact with the Mexican community. Building trust by sharing valuable information and connecting them with useful resources is the best way to make sure that migrants and their communities are aware of their rights and appropriately identify situations of trafficking.

It’s not the only strategy for being good allies. As a proactive way to reach vulnerable workers, Polaris is also implementing Nonechka, which gathers direct input from immigrant workers about dynamics of exploitation via survey, connecting them to important resources and enabling the trafficking field to hear from workers first-hand — making visible their experiences and the variables that make them vulnerable to trafficking in the agricultural environment. 

Partnering with our neighbor is not only a need; it is simply the right thing to do to help eradicate labor trafficking from our food supply chain. 

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]]> Understanding Trafficking Law in the Context of Texas and Florida’s Immigrant Relocation https://polarisproject.org/blog/2022/09/understanding-trafficking-law-in-the-context-of-texas-and-floridas-immigrant-relocation/ Tue, 20 Sep 2022 16:50:31 +0000 https://polarisproject.org/?p=15002 National conversation has focused on trafficking within the context of governors sending migrants seeking asylum in this country to Martha’s Vineyard and Washington, D.C. for the purpose of making a political point. 

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]]> Human trafficking is a complex and dynamic crime, federally defined as the use of force, fraud or coercion to exploit other people through sex or labor for financial or personal gain. Recently, national conversation has focused on trafficking within the context of governors sending migrants seeking asylum in this country to Martha’s Vineyard and Washington, D.C. for the purpose of making a political point. 

That trip in itself does not constitute trafficking. Despite popular misconception, trafficking does not require transportation. It is frequently confused with human smuggling, defined as “the importation of people into the United States involving deliberate evasion of immigration laws, and the unlawful transportation and harboring of non-citizens already in the United States.” These are not interchangeable terms. 

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Reports of fraud, however, are more concerning in the context of trafficking. 

Multiple news outlets have reported that migrants who were sent to Martha’s Vineyard were told they were going to be flown to Boston where they had jobs and housing awaiting, or to sanctuary cities because they could “get better help there.” The Washington Post reported migrants receiving unsigned and erroneous guidance telling them to report their whereabouts to the wrong agency within the Department of Homeland Security. These acts of calculated deception were reportedly used to trick migrants onto buses and planes.

Unfortunately, this tactic is one that we know far too well in the anti-trafficking world. Migrants are regularly tricked and defrauded as part of their trafficking experience, with traffickers and exploiters taking advantage of their recent arrival, limited English proficiency, and unfamiliarity with our government systems and labor laws. In a recently released study of 4,000 legal temporary workers in the United States between 2018 to 2020, Polaris found that in 34 percent of cases, migrants reported that misrepresentation of destination/work situation was part of their trafficking experience. 

While the facts of these most recent relocations are still coming to light, this situation highlights the unfortunate truth that fraud, exploitation and abuse can occur in a variety of contexts when people seek to take advantage of those who are vulnerable. As details come to light about the events of the last few weeks, focusing solely on the legal definition of trafficking misses the larger point: This is no way to treat human beings.

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]]> Labor Trafficking On Specific Temporary Work Visas Report https://polarisproject.org/resources/labor-trafficking-on-specific-temporary-work-visas-report/ Tue, 12 Jul 2022 15:31:18 +0000 https://polarisproject.org/?post_type=resource&p=14528 Data from the U.S. National Human Trafficking Hotline shows that guest workers who come to this country legally are frequently exploited and victimized by forced labor and other forms of trafficking.

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]]> Temporary work visas are supposed to be good for both workers and the U.S. economy. In theory, these visas allow U.S. businesses to fill mostly low-wage jobs that would otherwise sit vacant while giving migrant workers an opportunity to earn more than they can in their home countries. Indeed the migrants are often referred to as “guest” workers – a term that implies dignity and respect. But in practice, data from the National Human Trafficking Hotline shows that these guests — workers who have followed all the rules and laws and are expecting simply to earn a decent living and return home — are frequently victimized by trafficking or exploitation.

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]]> Nonechka https://polarisproject.org/resources/nonechka/ Fri, 13 May 2022 17:06:34 +0000 https://polarisproject.org/?post_type=resource&p=14079 Nonechka means “close to you” in Nahuatl, one of the many indigenous languages spoken in Mexico. Polaris’s partner organizations distribute information via text and phone messages to inform workers about their rights and the services available where they are.

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]]> Nonechka means “close to you” in Nahuatl, one of the prevalent indigenous languages spoken by Mexico’s migrant agricultural laborers where the project was implemented. The project is so named because it was designed to connect directly with these often isolated workers. Nonechka offers offline/online, SMS, and IVR feedback channels that provide a safe and anonymous way for workers to share insights on the recruitment and employment arrangements that increase their vulnerability to trafficking. At the same time, Polaris’s partner organizations distribute information via text and phone messages to inform workers about their rights and the services available where they are. This report explores the first stage of the Nonechka project, implemented in eight states in Mexico: Baja California, Chiapas, Guanajuato, Guerrero, San Luis Potosí, Sinaloa, Sonora, and Oaxaca.

Nonchka significa “cerca de ti” en náhuatl, uno de los idiomas indígenas predominantes que hablan los trabajadores agrícolas migrantes de México, donde se implementó el proyecto. El proyecto se llama así porque fue diseñado para conectarse directamente con estos trabajadores, a menudo aislados. Nonechka ofrece canales de retroalimentación vía mensajes de texto y voz que brindan una forma segura y anónima para que las personas trabajadoras compartan información sobre las condiciones de reclutamiento, contratación y empleo que aumentan su vulnerabilidad a la trata. Al mismo tiempo, las organizaciones aliadas de Polaris distribuyen información a través de mensajes de texto y voz para informarles sobre sus derechos y los servicios disponibles donde se encuentran. Este informe explora la primera etapa del proyecto Nonechka, implementado en ocho estados de México: Baja California, Chiapas, Guanajuato, Guerrero, San Luis Potosí, Sinaloa, Sonora y Oaxaca.

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]]> Polaris CEO, Catherine Chen, Appointed by DHS Secretary Mayorkas to Homeland Security Advisory Council https://polarisproject.org/press-releases/polaris-ceo-catherine-chen-appointed-by-dhs-secretary-mayorkas-to-homeland-security-advisory-council/ Fri, 18 Mar 2022 13:14:39 +0000 https://polarisproject.org/?post_type=press&p=13721 Catherine Chen, CEO of Polaris, was appointed by Secretary of Homeland Security Alejandro N. Mayorkas to the Homeland Security Advisory Council. Chen joins 32 other new members on the Council, the principal external advisory body to the Secretary of the U.S. Department of Homeland Security.

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]]> WASHINGTON, D.C. – Catherine Chen, CEO of Polaris, was appointed by Secretary of Homeland Security Alejandro N. Mayorkas to the Homeland Security Advisory Council. Chen joins 32 other new members on the Council, the principal external advisory body to the Secretary of the U.S. Department of Homeland Security.

“I am honored to be named to the Homeland Security Advisory Council under Secretary Mayorkas’s leadership,” said Chen. “With a seat at the table, the anti-trafficking field can help guide and inform public policy choices that can dramatically improve how this country supports immigrant victims of trafficking and keeps vulnerable people safe,” she added. To read her full statement, visit here.

“These distinguished leaders have agreed to serve our country as members of the Homeland Security Advisory Council at a critically important time not only for our nation, but also for the world,” said Secretary Mayorkas. “Together, we will ensure that the Department is best positioned to meet the challenges we confront today, foresee and be ready for the challenges of tomorrow, capitalize on the power of technological innovation, and serve our country by living up to our highest ideals. Our Department is privileged to benefit from the experience, vision, and creativity of these incredibly accomplished individuals.”

As a member of the Council, Catherine Chen and other Council members will provide strategic advice and recommendations to the Secretary of Homeland Security, a member of the President’s Cabinet. DHS is the third-largest Cabinet department, responsible for a broad portfolio of domestic security matters from cybersecurity and emergency management, to aviation and border security, to countering child exploitation and the provision of the legal immigration system. Through the Council, Catherine Chen will help define DHS’s strategic vision, strengthen the Department to better meet the increasingly dynamic and rapidly evolving threat landscape, and harness technology and innovation to modernize the programs it administers.

Catherine Chen brings Polaris’s expertise to the table, acquired after nearly fifteen years of managing the National Human Trafficking Hotline and hearing directly from survivors of human trafficking, many of them workers in the United States under the temporary work visa system. For some years now, Polaris has suggested a redesign of temporary work visas in order to close the gaps that allow trafficking in these government-sponsored programs.

The Council was originally established in 2003 under the Federal Advisory Committee Act, a federal law that governs the establishment and operation of committees that provide consensus advice to a federal government agency. Secretary Mayorkas has reimagined the Council to meet the challenges and seize the opportunities that an evolving homeland security landscape presents. The Council will convene for its first meeting on March 21, 2022. For more information about the Council, visit here.  

Secretary Mayorkas has appointed the following individuals to the HSAC: 

  • Jayson Ahern, Principal, The Chertoff Group
  • John Allen, President, The Brookings Institution 
  • Dmitri Alperovitch, Co-Founder and Chairman, Silverado Policy Accelerator
  • Marc Andreessen, Co-Founder and General Partner, Andreessen Horowitz 
  • Cheryl Andrews-Maltais, Chairwoman, Wampanoag Tribe of Gay Head Aquinnah 
  • Mary Barra, Chair and Chief Executive Officer, General Motors Company
  • Tarika Barrett, Chief Executive Officer, Girls Who Code
  • Noah Bookbinder, President and Chief Executive Officer, Citizens for Responsibility and Ethics in Washington (CREW)
  • Safra Catz, Chief Executive Officer, Oracle Corporation
  • Catherine Chen, Chief Executive Officer, Polaris 
  • Michael Chertoff, Former Secretary of DHS and Co-Founder, The Chertoff Group
  • Carrie Cordero, Senior Fellow & General Counsel, Center for a New American Security (CNAS)
  • Lynn Good, Chair, President & Chief Executive Officer, Duke Energy 
  • Jamie Gorelick, Partner, Wilmer Cutler Pickering Hale and Dorr, LLP
  • Danielle Gray, Executive Vice President and Global Chief Legal Officer, Walgreens Boots Alliance, Inc. 
  • Jane Harman, Distinguished Fellow and President Emerita, The Woodrow Wilson Center
  • Robert Isom, Incoming Chief Executive Officer, American Airlines 
  • Carie Lemack, Co-Founder, Zed Factor Fellowship
  • Scott Kirby, Chief Executive Officer, United Airlines Holdings, Inc.
  • Michael Masters, National Director & Chief Executive Officer, Secure Community Network
  • Brian Moynihan, Chairman of the Board and Chief Executive Officer, Bank of America 
  • Janet Murguía, President and Chief Executive Officer, Unidos US
  • Leon Panetta, Former Secretary of Defense and Chairman, The Panetta Institute for Public Policy
  • Ted Schlein, General Partner, Kleiner Perkins (KPCB)
  • Sonal Shah, Executive Vice President, Worldwide Network Operations, United Way Worldwide, and Founding President, The Asian American Foundation
  • Ali Soufan, Chairman & Chief Executive Officer, The Soufan Group, LLC
  • Todd Stern, Nonresident Senior Fellow, The Brookings Institution 
  • Vincent Talucci, Executive Director & Chief Executive Officer, International Association of Chiefs of Police (IACP)
  • Jonathan Thompson, Executive Director & Chief Executive Officer, National Sheriffs’ Association
  • Hamdi Ulukaya, Founder and Chief Executive Officer, Chobani, LLC
  • Lynda R. Williams, Immediate Past President, National Organization of Black Law Enforcement Executives (NOBLE)
  • Patrick Yoes, National President, Fraternal Order of Police
  • Wendy Young, President, Kids In Need of Defense (KIND)  

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]]> Essential Guide for H-2A Visa Sponsors https://polarisproject.org/resources/essential-guide-for-h-2a-visa-sponsors/ Thu, 04 Nov 2021 20:21:59 +0000 https://polarisproject.org/?post_type=resource&p=12366 This toolkit provides an overview of the risks of labor trafficking inherent in the H-2A visa program and helps you understand how to protect your workers. By protecting your workers, you will also protect your business.

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]]> The H-2A program looks like a win-win for both workers and employers — and it certainly can be. But if you are hiring workers with H-2A visas for the first time, or even if you are an old hand, it’s worth knowing the very real risks associated with the H-2A program — in particular, the risk of human trafficking.

In the last 5 years the Polaris-operated U.S. National Human Trafficking Hotline identified more than 3,200 H-2A visa holders who were victims of human trafficking. In addition to trafficking, the Trafficking Hotline also identified more than 4,850 victims of other forms of labor exploitation (wage theft, contract violations, discrimination, that don’t reach the force, fraud or coercion threshold of trafficking) that were at work-sites utilizing the H-2A program.

This toolkit provides an overview of the risks of labor trafficking inherent in the H-2A visa program and helps you understand how to protect your workers. By protecting your workers, you will also protect your business.

Overview: Labor Trafficking in Agriculture of H-2A Temporary Guest Workers
A Short Introduction to Labor Trafficking
From Recruitment to Farm
Power Imbalances in the H-2A Program
How Some Employers Take Action
Building a Transparent and Accountable Ecosystem for H-2A Temporary Guest Workers

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]]> Recruitment, Human Trafficking, and Temporary Visa Workers https://polarisproject.org/resources/recruitment-human-trafficking-and-temporary-visa-workers/ Tue, 24 Aug 2021 19:55:00 +0000 https://polarisproject.org/?post_type=resource&p=11424 Data from the U.S. National Human Trafficking Hotline identified 4,816 likely victims from January 1, 2015 – December 31, 2020 who were in the United States and legally working under at least eight different temporary visas. The purpose of this brief is to examine the roles recruitment practices, regulations, and enforcement play in the experiences of trafficking victims who are in the United States on temporary worker visas.

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]]> Data from the U.S. National Human Trafficking Hotline identified 4,816 likely victims from January 1, 2015 – December 31, 2020 who were in the United States legally working under at least eight different temporary visas. The purpose of this brief is to examine the effects of recruitment practices, regulations, and enforcement on trafficking victims who were in the United States on temporary worker visas.

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]]> Guía esencial para trabajadores del campo https://polarisproject.org/resources/guia-esencial-para-trabajadores-del-campo/ Thu, 08 Jul 2021 15:56:54 +0000 https://polarisproject.org/?post_type=resource&p=10539 Conozca y exija sus derechos y protecciones bajo la visa H-2A. Con este tipo de visa, puede trabajar legalmente en la industria agrícola en los Estados Unidos.

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]]> Conoce y exige tus derechos y protecciones bajo la visa H-2A. Con este tipo de visa, puedes trabajar legalmente en la industria agrícola en los Estados Unidos. Todas las personas, independientemente de su estatus migratorio, tienen derechos que deben ser respetados, y a continuación podrás encontrar una guía que te permitirá conocer estos derechos y también los recursos que existen para poder exigirlos.

Entérate cuáles son las condiciones laborales que debes tener, el tipo de vivienda que tu empleador debe brindarte y aprende cuáles situaciones no deben ser aceptadas por ningún trabajador agrícola, sobre todo aquellos con visa H-2A. Esta guía ha sido diseñada para darte información relevante a tí y a tus amigos y conocidos que trabajan en el campo, después de estudiar las situaciones de abusos más comunes reportadas a la Línea Nacional contra la Trata de Personas.

Workers with an H-2A visa have fundamental human and labor rights that need to be upheld. This toolkit has been designed to inform agricultural workers about their rights. Evidence on the most common human and labor rights violations was gathered through reports from the National Human Trafficking Hotline and used to create this toolkit. Knowing what acceptable working conditions should look like, and what housing should be provided, is critical for protecting and empowering agricultural workers with H-2A visas.

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