In the summertime of 2019, a crew chief tasked with overseeing farm laborers despatched them to reap corn in a discipline the place they weren’t licensed to work — and the place there wasn’t ample safety from the sweltering solar. One among them died of signs of heatstroke.
5 months later, a crew chief for an additional Georgia farm kidnapped and brutally assaulted certainly one of his staff who had escaped.
Two years after that, a 3rd crew chief confined staff to housing surrounded by an electrical fence so that they couldn’t attempt to flee.
These and different lately documented abuses have been carried out by third-party middlemen, or farm labor contractors, who have been employed by farm homeowners to recruit and supervise international staff. These contractors had discovered methods to wield energy with close to impunity over lots of of staff at a time. Federal prosecutors spent years revealing the scope of the issue in Georgia, in an enormous labor-trafficking case that launched in 2016 and is now nearing its conclusion.
The proof in that case led prosecutors to liken the abuse to a type of modern-day slavery.
However regardless of prosecutors’ efforts to crack down on the exploitation of staff by labor contractors, there was little to no motion on the state or federal stage to make the adjustments that may cease it. There are legal guidelines and laws that might curb exploitation, however reviews from farmworker advocates and labor specialists have proven that enforcement has lengthy been lax. Quite a lot of elected officers have pushed for years for the federal government to do extra to make sure staff obtain these protections. Some advocates now say the one answer is for the federal government to require that farm homeowners lower out the intermediary and assume final duty for his or her staff.
Specialists instructed ProPublica there aren’t sufficient state and federal inspectors to adequately vet whether or not the contractors are following the principles. Neither is there broad political help to take a position extra assets to guard international staff, who themselves have little incentive for reporting abuse given the worry of retribution.
“Whatever the administration — even ones which are sympathetic to labor — regulators are handicapped,” stated Cesar Escalante, a College of Georgia professor of agricultural and utilized economics. “They know what’s occurring, however they’re incapable of implementing the laws.”
As American farmers proceed to depend on the decades-old H-2A visa program to fill the seasonal farmworker jobs, they’ve grown extra reliant on contractors to seek out and oversee these staff. Contractors usually are fluent within the languages spoken by staff, accustomed to the Mexican cities the place they’re plentiful and well-versed within the means of securing their short-term work visas. Many farmers additionally find yourself hiring contractors to handle the laborers’ work, pay and housing.
Federal regulators have lengthy identified about contractors abusing and exploiting these staff — together with stealing their wages, charging them unlawful charges, forcing them to dwell in substandard housing, and even bodily and sexually abusing them. Authorities watchdogs have revealed reviews about these regulators’ failures to do extra to forestall abuses within the fields — inaction that, in line with the U.S. Labor Division’s inspector common’s workplace, has elevated the chances of employers getting away with severe H-2A violations.
The variety of H-2A seasonal employee visas requested by contractors has almost tripled over the previous decade, with roughly 2 out of each 5 H-2A staff now immediately overseen by a labor contractor. The Government Accountability Office found that greater than half of the employers banned from the H-2A visa program between 2020 and 2023 have been labor contractors, although they submitted simply 15% of the visa functions throughout that very same interval.
One of many key methods to uncover abuses by labor contractors is for regulators to examine the farms the place their staff choose crops. Daniel Costa, an legal professional and director of immigration with the suppose tank the Financial Coverage Institute, stated federal regulators have turn out to be so strapped for assets that they’re solely inspecting a tiny fraction of farms annually.
“When lower than 1% of farm employers are investigated yearly, they’ll act with impunity, realizing that there’s a very low probability that they are going to ever be investigated,” Costa stated.
Yearly, lots of of hundreds of international laborers are drawn to America by the promise of regular, seasonal farmwork by means of the H-2A program. One among them, Agustin Chavez Santiago, traveled greater than 1,500 miles from Oaxaca, Mexico, for his likelihood to choose crops on a Georgia farm. As soon as he arrived within the spring of 2019, one of many labor contractors he’d labored with didn’t pay him the $11 an hour his contract had promised. Quickly after, Chavez was despatched to work on a farm the place he wasn’t licensed to take action.
As Chavez harvested corn one sweltering afternoon, his physique temperature spiked to over 105 levels. He walked off the sphere to sip water and relaxation. Earlier than he cooled down, Chavez collapsed. He was taken to a close-by hospital and died from signs of heatstroke. He was 34 years previous.
Federal prosecutors charged two contractors concerned in recruiting and overseeing Chavez on trafficking expenses. These contractors every pleaded responsible to a lesser crime; one admitted to cash laundering and the opposite admitted to concealing information of a felony. Attorneys for these contractors declined ProPublica’s requests for remark.
As well as, office security inspectors decided that Chavez died due to the negligence of one other labor contractor who oversaw his work within the fields. The Occupational Security and Well being Administration concluded that the labor contractor didn’t present a worksite free from “hazards that have been inflicting or more likely to trigger dying or severe bodily hurt.” The contractor’s firm paid OSHA a nice of $16,433. He was in a position to hold supervising staff.
“The truth that OSHA fined him $16,000 is a slap within the face to the victims,” stated Teresa Romero, the president of the United Farm Staff, one of many nation’s largest farmworker advocacy organizations. “This individual ought to have been behind bars.”
The contractor didn’t reply to ProPublica’s requests for remark. He instructed OSHA in 2019 that he offered water to his staff and allowed them to take breaks within the shade as wanted.
The U.S. Labor Division can nice or droop contractors for violating the principles of the H-2A program. Nevertheless it’s doing fewer agricultural investigations than at any level because the flip of the millennium. Within the newest yr of accessible knowledge, together with components of 2024 and 2025, the division accomplished 649 of these investigations, fining farm employers $8.3 million throughout the nation. That’s lower than half of the investigations finished only a decade earlier, although the H-2A program greater than doubled in dimension throughout that point.
Specialists say the decline in investigations displays the restricted capability of federal regulators, not that circumstances have improved for H-2A staff. Alexis Guild, vice chairman of technique and packages with the advocacy group Farmworker Justice, instructed ProPublica that regulators now depend on staff to report potential violations towards themselves. However she stated many staff are too scared to talk out as a result of it might result in retribution and the lack of future work. “It creates an atmosphere that’s ripe for abuse,” she stated.
The U.S. Labor Division is accountable for vetting H-2A visa functions that the contractors undergo get international staff cleared to come back to America. These regulators routinely audit the contractors’ functions to confirm details about the variety of staff wanted and the phrases of their employment. If contractors submit false data, they could be criminally charged, as occurred within the federal case in Georgia.
However a surge in these requests has meant that giant piles of functions haven’t been vetted as carefully for purple flags. Regulators went from conducting over 500 audits within the fiscal yr ending in 2018 to doing lower than 50 5 years later. The U.S. Labor Division’s Workplace of Inspector Common has warned that the best way that its regulators audit “increases the risk of fraud and noncompliance going undetected.” That warning adopted one other OIG report that stated the best way that the division had performed these audits created an “unnecessarily elevated risk of foreign labor program abuse.”
Federal labor regulators have acknowledged to the Authorities Accountability Workplace that they’ve had “widespread concern” about farmworkers being exploited by contractors. They’ve additionally instructed the GAO that the division has “restricted assets” to hold out a few of its work, together with the audits.
In recent times, the U.S. Labor Division has been pressed to take higher motion to repair these issues. After the Georgia case was publicly unveiled in 2021, U.S. Sen. Jon Ossoff of Georgia referred to as for extra “rigorous oversight” of the contractors. United Farm Staff has additionally pushed for staff to have “stronger and more effective” protections from their contractors.
In response, the Biden administration finalized a rule in 2024 that sought to extend protections for H-2A staff and maintain their employers extra accountable. However after quite a few states filed lawsuits difficult the rule, the Trump administration determined to droop all enforcement of these strengthened protections till the litigation is resolved.
The U.S. Labor Division didn’t reply to ProPublica’s requests for remark.
With fewer federal investigations of farmworker abuses, some states that closely depend upon H-2A staff have tried to deal with rampant contractor abuses.
Florida regulators require labor contractors to get a state license — a transfer supposed to assist guarantee higher compliance with the principles of the H-2A program. Washington posts all of its housing inspection and enforcement information in a web-based database, permitting staff to have a look at these information earlier than they settle for a job. California lawmakers final yr handed a brand new legislation that can give higher energy to its regulators to crack down on the abuses of foreign farmworkers by labor contractors.
However even amid a interval of additional scrutiny, Georgia hasn’t made these or some other main adjustments that might stop the sort of abuses uncovered within the large federal probe.
Labor specialists say that one of the crucial vital actions that states can take to guard H-2A staff is to dedicate ample assets to the inspection of their housing circumstances. Within the final full yr of accessible knowledge, Georgia had one H-2A housing inspector for roughly each 7,100 H-2A staff. Different states with excessive numbers of H-2A staff had employed extra inspectors relative to the variety of staff. In recent times, Michigan has had one housing inspector for each 2,000 or so H-2A staff; North Carolina has had one inspector for roughly each 4,000 staff. (Different states, together with California, have had worse inspector-to-worker ratios.)
On the similar time that Georgia’s Labor Division didn’t increase its oversight of farmworker housing, certainly one of its prime officers referred to as for an inner investigation into alleged issues throughout the division.
In 2018, as federal investigators have been constructing their case, Georgia’s Labor Division obtained a grievance alleging that certainly one of its regulators had been approving inspections of H-2A employee housing in trade for money. 4 years later, a federal agent testified in court that employees of Georgia’s Labor Department had accepted bribes to approve inspections of H-2A employee housing. The worker accused within the 2018 grievance, who was not indicted and retired three months after that agent testified, instructed ProPublica that he denied any wrongdoing.
Across the time of his retirement, labor advocates revealed a report that referred to as for the “rebuilding” of the state’s Labor Division. They demanded extra stringent inspections of H-2A employee housing, higher monitoring for potential violations and elevated funding so regulators might extra successfully do their jobs.
As a substitute of getting Georgia’s Labor Division undertake these suggestions, Gov. Brian Kemp signed an govt order that stripped the beleaguered division of its oversight powers.
Georgia’s Labor Division didn’t reply to ProPublica’s requests for remark. A spokesperson for Kemp stated the choice was made to “enhance alignment with workforce coaching packages.”
Kemp transferred H-2A oversight to the Technical School System of Georgia. A Technical School System spokesperson stated its officers have “strengthened its monitoring processes to make sure thorough oversight of potential H-2A violations.”
She additionally famous that the company has elevated the variety of staff who conduct housing inspections from three to 6 — with plans so as to add a seventh quickly. In a press release, the spokesperson wrote that the Technical School System has taken steps that “have enhanced our means to observe, doc, and reply to points extra successfully than earlier than.”
But, even after doubling the variety of inspectors, Georgia nonetheless has fewer inspectors per H-2A employee than a few of the different states that closely depend on the visa program.
States like Georgia which have too few inspectors for H-2A staff all however assure that violations of this system’s guidelines will improve, in line with Diane Charlton, an affiliate professor of agricultural economics at Montana State College. “We have to make investments extra in truly monitoring labor circumstances,” Charlton stated. “This must be a significant precedence.”
