By D.A. Reed, WKTV Contributing Writer
West Michigan has a thriving agricultural economy with miles of apples and other crops that often need to be picked by hand each fall. Thousands of migrant workers travel to Michigan each year to harvest these crops for local farmers and growers, filling approximately 100 migrant camps to capacity in Kent County.
With that influx of workers and nomad-style workforce, issues can and often do occur — not the least of which was dealing with the recent and ongoing COVID-19 pandemic.
Local non-profit Migrant Legal Aid has been an advocate for those workers, their health and their rights, for many years, and they continued to do so in 2021.
MLA defines a migrant worker as a person who lives and works at the same place and travels seasonally according to which crops are in season. Due to poverty, language barriers, and discrimination, seasonal workers often find it hard to protect their basic human rights and dignity. This is where Migrant Legal Aid say they step in.
Many migrant workers come from such severe poverty that when they are treated unfairly, most don’t speak up, Molly Spaak, attorney for MLA, said to WKTV. “Culturally, they say they can’t complain. They don’t realize they have a voice … There is also a definite fear of deportation if they come forward.”
Problems and solutions
Undocumented workers make up approximately 50 percent of the agricultural work force. Because of this, there is anxiety among the workers that deportation would occur if they come forward when treated unfairly. A way to eliminate this apprehension is found in case law.
“MLA has good case law that protects undocumented folks from irrelevant immigration questions and retaliation in the workplace,” Spaak said. “This helps them feel more comfortable coming forward with their concerns.”
Young children have often been found in the fields with their parents, helping to harvest the crops so their parents meet the daily quota mandated by the growers.
“Child labor laws absolutely apply to migrant workers and their families,” said Spaak when asked if Michigan law extended to seasonal workers. “There are now migrant daycares and Head Start programs parents can utilize. These are free to the families. Because of this, there has been a drastic decrease of children in the fields.”
Migrant Legal Aid also provides help for those suffering from domestic violence.
“The Hispanic community is very patriarchal,” said Spaak. “Because of this, DV (domestic violence) cases are always popular.”
MLA offers special visas for victims who come forward. These visas help in many ways, providing social security numbers to the victims so they have the opportunity for steady work among them.
“This gives women and men more justification and incentive to come forward,” Spaak said.
Communication, community awareness
Educating the migrant workers on their rights and the services Migrant Legal Aid offers is a daunting yet necessary task. MLA produces many social media campaigns, newsletters to the community, and press releases to the media in an effort to raise awareness.
However, there are still challenges.
“Social media helps build community awareness, but not our clients’ awareness because our clients don’t always have access to social media like the general population,” said Spaak.
To develop this knowledge, MLA sends migrant advocates into camps two to three times a week during the summer and fall to pass out Migrant Legal Aid information and speak with the workers personally.
Over the past year, advocates also handed out information on COVID-19.
“Migrant housing is jam-packed with people with one kitchen and one shower—it’s impossible to social distance,” said Spaak. “New COVID-19 regulations are not always followed, and the migrant camps were a hot bed for Coronavirus. Even when the vaccines rolled out, myths about the vaccine stopped a lot of people from getting it because they were worried about what it might do to them. We had to dispel those myths.”
Though MLA does have cases of mistreatment that require court appearances, Spaak said that many issues “can be resolved extremely quickly by speaking with the growers. A lot if it is communication and language issues with the workers.”
Migrant Legal Aid works hard to educate the community about migrant workers’ needs and situations but still needs help from the public. Being a self-funded organization, MLA relies on grants, private party donations, and fundraisers to subsidize their work. Two of their largest fundraisers are annual events — Cup of Justice, a golf outing in the spring, and Harvest of Justice, a luncheon in the fall.
While seeing so many cases of injustice against migrant workers is emotionally hard on the MLA attorneys and advocates, personal migrant success stories give them hope.
“Rene Rodriguez was a migrant worker from several years ago. His parents emigrated to the United States and were a farm worker family,” said Spaak.
Rodriguez went to school, worked hard, and became a professional website designer and marketing designer.
“We (MLA) bought several photographs from him that are now hanging in this office,” Spaak said of Rodriguez. “Rene also helps us with marketing, brochures, and photos.”
To find out more about Migrant Legal Aid and how you can help MLA protect migrant workers’ legal rights, visit here.
