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Head-Down Episode 1 Transcript

Produced by Futuro Investigates and Latino USA

FERNANDA ECHAVARRI: WHEN DIEGO AND MARIO PLANNED THEIR ESCAPE, THEY KNEW THEY’D HAVE TO DO IT IN THE MIDDLE OF THE NIGHT.

DIEGO:DECIDIMOS QUE IBA A SER EN LA NOCHE, PORQUE ES CUANDO ESTÁ MENOS VIGILADO POR POR LOS ENCARGADOS DE AHÍ DE LA CASA. ENTONCES, YA…

FERNANDA: …WHEN THE BOSSES WERE LESS VIGILANT AND WHEN ALL THE OTHER WORKERS WERE IN THEIR ROOMS SLEEPING. IT WAS A WARM NIGHT IN MAY 2018 IN A TOWN NEAR RAW-LEE, THE CAPITAL OF NORTH CAROLINA. IT WAS EERILY QUIET AS THEY EACH PACKED A SINGLE BAG. THEY COULDN’T CARRY MUCH ON THEIR LONG WALK IN THE DARK, SO THEY ONLY TOOK SOME OF THE CLOTHES THEY HAD BROUGHT WITH THEM FROM MEXICO.

DIEGO:NADA MÁS AGARRAMOS LO INDISPENSABLE PARA NO LLAMAR LA ATENCIÓN DE TODOS Y PODERNOS SALIR.

FERNANDA: DIEGO AND MARIO HAD ONLY WALKED THE DIRT ROAD OUT OF THE CAMP ONCE BEFORE, AND IT WAS DURING THE DAY. IT COULD BE RISKY GETTING OUT TO THE MAIN ROAD. TWO GUYS ALONE, WHO ARE NOT FROM THERE. THEY COULD SEEM SUSPICIOUS. THEY WERE TERRIFIED.

MARIO:SALIMOS CON MIEDO, PORQUE  EL LUGAR. PUES ESTE, ES PURO CAMPO. CAMINAS EN LA NOCHE ASÍ, SIN SIN LÁMPARA. TODO ESO…

FERNANDA: THEY WALKED IN THE DARK, USING THEIR CELL PHONES TO LIGHT UP THE WAY. SCRAGGLY BRAMBLES WITH THORNS LINED THEIR PATH. TAKING EVERY STEP WITH TREPIDATION, KNOWING THAT THE SNAKES THEY’D SEEN BEFORE COULD BE NEARBY.

DIEGO:YA CUANDO ESTÁBAMOS A PUNTO DE LLEGAR A LA CARRETERA Y VER EL CARRO QUE ESTABA ESPERÁNDONOS, ENTONCES EN ESE MOMENTO, PUES SÍ, SENTIMOS EL ALIVIO.

FERNANDA: ONCE THEY WERE NEAR THE MAIN ROAD, THEY SPOTTED THE GETAWAY CAR. THE PEOPLE WHO HAD PROMISED TO HELP THEM ESCAPE WERE ACTUALLY THERE… DIEGO AND MARIO WERE OVERCOME WITH RELIEF. THEY WERE FINALLY SAFE.

DIEGO: PUES POR FIN SALIMOS Y SI LO LOGRAMOS. 

FERNANDA: THEY HAD WALKED AWAY FROM THE NIGHTMARE THEY EXPERIENCED WORKING IN A US FARM AS PART OF A GOVERNMENT PROGRAM. FROM FUTURO INVESTIGATES AND LATINO USA, IN COLLABORATION WITH PRISM, I’M FERNANDA ECHAVARRI, IN FOR OUR HOST MARIA HINOJOSA. FOR THE NEXT TWO EPISODES, I–ALONG WITH TINA VAZQUEZ, EDITOR AT LARGE AT PRISM–WILL TELL YOU ABOUT THE INCREASING AND SYSTEMATIC ABUSE OF TEMPORARY MIGRANT LABORERS WHO ARE CRITICAL TO THE US ECONOMY. 

TINA VAZQUEZ: WE’RE TALKING ABOUT THE HUNDREDS OF THOUSANDS OF FARMWORKERS WHO COME TO WORK OUR FIELDS EVERY YEAR WITH WORK VISAS UNDER THE U.S. GOVERNMENT’S H-2A PROGRAM. A PROGRAM WHERE DIEGO AND MARIO SAY EXPECTATIONS DON’T MATCH REALITY.

DIEGO: TE DICEN UNA COSA Y AL FINAL SALE OTRA COSA.

TINA: IT’S THE BACKBONE OF OUR AGRICULTURAL INDUSTRY AND YET THESE WORKERS WE DESPERATELY RELY ON, ARE CONSTANTLY MISTREATED.

FERNANDA: IN A RECENT AND VERY EXTREME CASE OF ABUSE, AN OFFICIAL FROM THE DEPARTMENT OF JUSTICE CALLED WHAT HAPPENED TO WORKERS “MODERN DAY SLAVERY.”

WATERFALL EXPERTS: 

DANIEL COSTA: THE STRUCTURE IS CERTAINLY, AKIN TO INDENTURED SERVITUDE. 

AARON: THERE’S A PRETTY GLARING DISPARITY BETWEEN THE PROGRAM ON PAPER AND WHAT HAPPENS IN PRACTICE. 

SHELLY: ARE WE GONNA JUST KEEP ON THIS PATH BECAUSE FARMERS ARE SAYING THEY NEED THE LABOR? 

MIKE: YOU’RE LITERALLY BUYING PEOPLE TO COME DO TERRIBLE WORK.

FERNANDA: IN THE SIMPLEST OF TERMS, HERE’S HOW THE H-2A VISA PROGRAM WORKS: US FARMERS –AND THIS CAN BE A “MOM AND POP” CITRUS ORCHARD OR A MASSIVE CORPORATION HARVESTING TONS OF CHERRIES– THEY GO TO THE DEPARTMENT OF LABOR AND THEY SAY “HEY, I CAN’T GET US WORKERS TO DO THIS VERY PHYSICALLY DEMANDING JOB SO I NEED PERMISSION TO BRING… I DON’T KNOW… A 100 FOREIGN WORKERS” THEN THE DEPARTMENT OF LABOR SAYS “OK, IF YOU PROMISE TO PAY THEM WHAT THE DOL AND WHAT YOUR STATE REQUIRES AND YOU GIVE THEM A PLACE TO LIVE, YOU CAN HAVE THOSE VISAS.”

TINA VAZQUEZ: THE EMPLOYER HIRES A RECRUITING COMPANY OR A LABOR CONTRACTOR, OR THEY JUST REACH OUT TO FOLKS THEY’VE WORKED WITH IN THE PAST TO HIRE THE WORKERS THEY NEED. THE EMPLOYER FILES SOME PAPERWORK WITH U.S. CITIZENSHIP AND IMMIGRATION SERVICES, AND THEN THINGS MOVE PRETTY FAST.

FERNANDA: THE NUMBER OF H-2A WORKERS HAS MORE THAN TRIPLED IN THE LAST DECADE. JUST LAST YEAR, MORE THAN 300 THOUSAND WORKERS CAME TO THE U.S. IN THIS WAY, ABOUT 90% OF THEM ARE FROM MEXICO. AND THE WORKERS, MOSTLY MEN, GET THEIR VISAS IN MEXICO RIGHT BEFORE THEY GET ON A PACKED BUS THAT TAKES THEM NORTH. THE TRIP CAN TAKE DAYS AND THEIR EMPLOYER IN THE US SHOULD REIMBURSE THEM FOR THAT TRAVEL. THE JOBS USUALLY LAST SIX TO NINE MONTHS, NO LONGER THAN A YEAR. 

TINA: THERE’S SOMETHING ABOUT THE EMPLOYERS THAT I WANT YOU TO KEEP IN MIND: AS A WORK VISA, THE H-2A VISAS TIE WORKERS TO THEIR EMPLOYER. SO IF THEIR EMPLOYER ISN’T PAYING THEM OR IS OFFERING THEM INADEQUATE HOUSING, OR NO FOOD, THE WORKER CAN’T GO FIND A BETTER JOB BECAUSE QUITTING MEANS NOT ONLY LOSING THEIR VISA BUT THEIR ABILITY TO LEGALLY REMAIN IN THE UNITED STATES. IN THE CASE OF THE H-2A PROGRAM, LOSING THE VISA ALSO STRIPS WORKERS FROM HOUSING, MEALS, BASIC STUFF. A WORKER CAN PRETTY MUCH END UP IN THE STREETS.

FERNANDA: FOR YEARS NOW, THIS PROGRAM HAS INTRIGUED TINA AND I BECAUSE OF ITS COMPLEXITY: ON ONE HAND, IT IS BENEFICIAL FOR ENTIRE FAMILIES IN MEXICO. WORKERS CAN MAKE DOUBLE OR TRIPLE WHAT THEY WOULD MAKE ON A MEXICAN FARM AND THEY DON’T HAVE TO RISK CROSSING INTO THE U.S. UNLAWFULLY. BUT ON THE OTHER HAND, THE PROGRAM IS EXPLOITATIVE AND FULL OF DANGEROUS POWER DYNAMICS. EMPLOYERS HAVE PRETTY MUCH ALL THE CONTROL.

[ARCHIVE]

NEWS ANCHOR: ONCE THE VISA EXPIRES, THE LABORERS ARE REQUIRED TO RETURN HOME. SOURCE AT LEAST 100 IMMIGRANT WORKERS WERE FREED FROM CONDITIONS IN WHICH TWO PEOPLE DIED. SOURCE 

FERNANDA: IN THEORY, WORKERS HAVE SOME PROTECTIONS AGAINST RETALIATION, BUT IN PRACTICE IF THEY COMPLAIN, THEY CAN EASILY GET FIRED. THERE’S THIS UNSPOKEN EXPECTATION OF THE WORKERS: “PUT YOUR HEAD DOWN, DO THE WORK, DON’T COMPLAIN.”

TINA: OVER THE YEARS WE’VE SPOKEN WITH WORKERS ON BOTH SIDES OF THE BORDER…

GUANAJUATO BROTHER: DORMIR EN LA CALLE, DESPUÉS DE QUE NOS CORRIERON.

FERNANDA: TRAVELED TO MEXICO TO SEE WHERE IT ALL BEGINS…

TINA: INVESTIGATED IN WASHINGTON STATE AND NORTH CAROLINA…

AARON:WE’RE HEADED TO, I GUESS IT’S NEAR NORTH CAROLINA…

FERNANDA: AND SPOKE TO GOVERNMENT OFFICIALS ABOUT EXPLOITATION OF THE PROGRAM…

MIKE:THEY ARE STUCK… ABSOLUTELY STUCK

TINA: WE UNCOVERED CRUCIAL DOCUMENTS…

I JUST WANTED TO LET YOU KNOW THAT I GOT SOME RECORDS BACK…

FERNANDA: RECORDS THAT SHOW HOW THE U.S. GOVERNMENT HOLDS MILLIONS–YES, MILLIONS– OF DOLLARS IN WAGES OWED TO H-2A WORKERS AND YET HAS NO CLEAR PLANS —OR TIMELINE— FOR HOW TO PAY THEM BACK AND DESPITE ALL OF THE ISSUES WITH THE H-2A VISAS, THE BIDEN ADMINISTRATION IS IN TALKS TO EXPAND THE PROGRAM… WE’LL GO INTO IT IN OUR TWO PART SPECIAL “HEAD DOWN.” WE MET DIEGO AND MARIO LAST SUMMER. THESE ARE NOT THEIR REAL NAMES. THEY’VE ASKED US TO PROTECT THEIR IDENTITIES BECAUSE, EVEN THOUGH THEY’RE NO LONGER H-2A WORKERS, THEY STILL FEAR RETALIATION FROM PEOPLE ASSOCIATED WITH THE PROGRAM. SO IF WE SOUND A LITTLE VAGUE ON CERTAIN PARTS OF THE STORY… THAT’S WHY. MARIO IS 36, AND DIEGO IS 29. THEY HAVE BEEN CLOSE FRIENDS FOR OVER A DECADE. THEY MET WORKING AT A BAKERY IN SOUTHERN MEXICO.

DIEGO: YO, EN ESE ENTONCES ESTABA EN LA PREPA, CUANDO YO LLEGUÉ A LA PANADERÍA

TINA: DIEGO SAYS HE WAS STILL IN HIGH SCHOOL WHEN HE LEARNED HOW TO BAKE BREAD FROM MARIO. THEY’RE MORE THAN FRIENDS AT THIS POINT, THEY’RE LIKE BROTHERS REALLY.

DIEGO:EN REALIDAD NO ES MI HERMANO, PERO LO CONSIDERO COMO MI HERMANO. NO ES DE SANGRE, PERO ES MI HERMANO. 

TINA: DIEGO, IS AN EXTROVERT WHO LOVES ELECTRONIC MUSIC AND DRESSING LIKE FAMOUS SOCCER PLAYERS, WITH FLASHY TENNIS SHOES AND SKINNY JEANS. HE ALSO HAS A REMARKABLE MEMORY. A DETAIL THAT WOULD BE KEY TO THEIR ESCAPE. MARIO IS THE MORE SERIOUS AND SHY ONE OF THE TWO, BUT WHEN HE OPENS UP HE GETS EASILY EMOTIONAL. THEY COME FROM INDIGENOUS COMMUNITIES AND THEY’RE BOTH THE ELDEST OF THREE SIBLINGS.

MARIO:HAY ESTE, HAY CHANCHA HO LE O CHANA EN HAY EN LE ESTADOS UNIDOS.

TINA: MARIO COMES FROM A REMOTE AREA WHERE SPANISH IS NOT THE PREDOMINANT LANGUAGE. IN HIS HOMETOWN, THE NEAREST SCHOOL WAS A TWO-HOUR WALK AWAY FROM HIS HOME. SO INSTEAD OF GETTING AN EDUCATION, HE HAD TO START WORKING AS A CHILD.

MARIO:LO QUE YO NO PUDE ESTUDIAR. YO, OSE YO QUIERO QUE ME QUE MIS HIJOS ESTUDIANDO.

TINA: MARIO WANTED HIS KIDS TO HAVE A DIFFERENT LIFE SO HE MOVED WITH HIS WIFE AND THEIR TWO CHILDREN TO A BIGGER CITY. THAT’S WHERE HE MET DIEGO AT THE BAKERY. MARIO WASN’T EARNING MUCH… JUST ENOUGH TO BUILD A SMALL HOUSE OUT OF SHEET METAL.

MARIO: SI, COMO UNA, TRES CUATRO HOJAS DE LÁMINA DONDE DORMIAMOS…

TINA: ONE NIGHT IN EARLY 2018, MARIO AND HIS WIFE HAD A VERY SERIOUS CONVERSATION. THEY WERE FRUSTRATED BECAUSE HEAVY RAINS FLOODED THEIR HOME AND THEIR KIDS KEPT GETTING SICK IN THE COLD.

MARIO:Y LE DIJE A MI ESPOSA, SE QUE ALGÚN DÍA PODEMOS TENER POR LO MENOS UNA CASITA MEJOR QUE ÉSTA 

TINA: SO HE ASKED HIS WIFE: COULD WE EVER LIVE IN A BETTER HOUSE? THE ONLY OPTION THEY COULD THINK OF AT THE TIME WAS TO SEEK WORK IN THE UNITED STATES. MARIO KNEW A GUY IN A NEARBY TOWN WHO RECRUITED MEN TO LEGALLY WORK IN THE FIELDS. HE THOUGHT IT SOUNDED LIKE A GOOD IDEA, SO HE TRIED TO GET DIEGO INTERESTED.

DIEGO:ENTONCES ÉL ME PLATICABA. OYE, MIRA, TENGO ESTOS PLANES. QUIERO IRME PARA ALLÁ. QUIERO VIAJAR ASÍ Y ASÍ. Y HAY FORMAS DE DE IR ALLÁ CON VISA CONTRATADOS. 

TINA: DIEGO HAD NEVER THOUGHT ABOUT LEAVING MEXICO. HE HAD A WIFE AND A 5-YEAR-OLD DAUGHTER. BUT, HE ONLY MADE 60 DOLLARS A WEEK, ALTHOUGH HE REALLY LIKED HIS JOB AT THE BAKERY. LIKE MARIO, DIEGO ALSO DREAMED OF BUILDING HIS OWN HOUSE ONE DAY, AND MAYBE EVEN OWNING A BAKERY. SO HE GOT ON BOARD WITH THE IDEA.

DIEGO:EL ÚNICO REQUISITO ERA DE QUE TUVIERAS EL PASAPORTE QUE NO FUERAS DE LA CIUDAD QUE FUERAS DEL CAMPO

TINA: THE RECRUITER TOLD THEM THAT MEN FROM RURAL AREAS DID WELL BECAUSE THEY KNEW HOW TO WORK THE LAND. BOTH DIEGO AND MARIO GREW UP HARVESTING COFFEE AND CORN, SO THEY CHECKED THAT BOX. AND LIKE MOST H-2A WORKERS, DIEGO AND MARIO WERE ALSO IN THE PRIME OF THEIR LIVES: YOUNG, FIT, HEALTHY… THEY NOW JUST NEEDED TO GET A MEXICAN PASSPORT, WHICH THEY HADN’T NEVER DONE BEFORE.

DIEGO:YO SABÍA QUE YO IBA A VENIR CONTRATADO Y QUE ME IBAN A DAR CIERTO TIEMPO DE TRABAJO. Y DE AHÍ NOS REGRESÁBAMOS PARA MÉXICO.

TINA: WHAT APPEALED TO THEM ABOUT THIS PLAN WAS THAT THEY COULD COME BACK HOME TO MEXICO. IT WAS A SIX-MONTH JOB, SO THEY FIGURED, WHY NOT? BUT THERE WAS ONE PROBLEM… MARIO NEEDED 2,500 DOLLARS, OR 30,000 PESOS, BECAUSE THE RECRUITER CLAIMED THESE FUNDS WOULD “QUOTE” SAVE THEIR SEATS… AND “PUT THEIR NAME ON A LIST.” AND IF 25-HUNDRED SOUNDS LIKE A LOT OF MONEY TO YOU, IT IS AN INCONCEIVABLE AMOUNT FOR SOMEONE IN RURAL MEXICO. BY THE WAY, THIS FEE IS COMPLETELY ILLEGAL, AND NOT HOW THE PROGRAM IS SUPPOSED TO WORK AT ALL. BUT THIS “I NEED MONEY TO SAVE YOUR SEAT” THING? IT HAPPENS ALL THE TIME. DIEGO AND MARIO DIDN’T KNOW THAT WHAT THE RECRUITER WAS DEMANDING WAS ILLEGAL.

MARIO: LLEVO COMO UNA SEMANA BUSCANDO A QUIÉN ME PUEDE PRESTAR DINERO ENTONCES EMPEZÓ LA PREOCUPACIÓN

TINA: SO MARIO SPENT A WEEK TRYING TO BORROW 25-HUNDRED DOLLARS. FINALLY, SOME RELATIVES LOANED HIM THE CASH… WITH INTEREST OF COURSE. SAME WITH DIEGO. THEY BOTH FIGURED: ONCE WE GET PAID US DOLLARS, WE’LL QUICKLY PAY BACK THE LOANS. THEY WERE SET TO LEAVE FOR A PLACE THEY HAD NEVER HEARD OF BEFORE: NORTH CAROLINA.

VALERIA:CUANDO ÉL LE AVISAN ESTE QUE PUES YA YA HABÍA HACERLE SU NOMBRE Y QUE EN EL TRANSCURSO DEL DE DÍAS YA LO IBAN A BUSCAR PARA QUE PUES YA NO SÉ

TINA: THIS IS VALERIA, DIEGO’S WIFE. THAT’S NOT HER REAL NAME. WE ARE ALSO PROTECTING HER IDENTITY. SHE’S PETITE AND WEARS HER HAIR PULLED BACK IN A PONYTAIL. SHE’S ALMOST ALWAYS SMILING. SHE SAYS THAT, JUST DAYS BEFORE DIEGO WAS ABOUT TO LEAVE FOR THE U.S…

VALERIA: LE DIGO SABES QUE ES QUE ME SIENTO MAL.

TINA: SHE STARTED FEELING SICK. SO SHE GOES TO THE DOCTOR…

VALERIA:Y QUE ALGO A HACER NO, MI SORPRESA DE QUE ME DICEN NO ES QUE ESTÁS EMBARAZADA. Y DIGO QUEEE…

TINA: AND THE DOCTOR TELLS HER THAT SHE’S PREGNANT.

VALERIA:QUÉ HACEMOS? ES QUE PUEDE SER POR UN LADO, PUES YA ME HABLARON PERO POR EL OTRO, TAMPOCO TE QUIERO DEJAR ASÍ.

TINA: THEY WERE CONFLICTED. DIEGO WAS HEADED TO NORTH CAROLINA TO FINALLY MAKE GOOD MONEY. THE KIND OF MONEY HE NEEDED MORE THAN EVER NOW THAT HIS FAMILY WAS EXPANDING. BUT HE DIDN’T WANT TO LEAVE VALERIA PREGNANT AND ALONE WITH THEIR DAUGHTER.

VALERIA:LE DIGO PERO PUES OTRA OPORTUNIDAD COMO ESA NO LA VAS A ENCONTRAR.

TINA: VALERIA TOLD DIEGO THEY COULDN’T PASS ON AN OPPORTUNITY LIKE THIS. THEY WERE JUST GOING TO HAVE TO PUSH THROUGH THE NEXT SIX MONTHS APART.

FERNANDA: AROUND THAT TIME IN 2018 WHEN DIEGO AND MARIO FIRST ENTERED THE H-2A PROGRAM, THERE WAS A HISTORIC GROWTH TAKING PLACE. DATA SHOWS THAT FROM 2016 TO 2019, DURING THE TRUMP PRESIDENCY, THE NUMBER OF H-2A VISAS SPIKED BY 45 PERCENT. THIS MAY BE IN PART BECAUSE OF TRUMP’S IMMIGRATION CRACKDOWN AND WORKPLACE RAIDS THAT TARGETED UNDOCUMENTED WORKERS. EMPLOYERS TURNED TO THE H-2A PROGRAM OUT OF FEAR THAT THEIR FARMS COULD BE RAIDED. AT A RALLY IN MICHIGAN IN 2018 TRUMP SPOKE ABOUT PROTECTING AMERICAN JOBS THEN SAID, FARMERS WERE GOING TO GET WORKERS…

TRUMP:THEY’RE GONNA BE GUEST WORKERS. THEY’RE GONNA COME IN, THEY’RE GONNA WORK ON YOUR FARMS. WE’RE GONNA HAVE A LOT OF THINGS HAPPENING, BUT THEN THEY HAVE TO GO OUT. THEN THEY HAVE TO GO OUT. SOURCE

FERNANDA: THE CROWD ONLY CHEERED WHEN HEARING THE WORKERS WERE GOING TO HAVE TO LEAVE. IT’S KIND OF LIKE: HEY, WE WANT “WORKERS,” WE DON’T WANT FAMILIES OR PARENTS OR STUDENTS. WE DON’T WANT THEM IN OUR COMMUNITIES. WE JUST WANT WORKERS. THIS DISPOSABLE WAY OF TALKING ABOUT MIGRANT WORKERS WAS NOT JUST A TRUMP THING. IT’S KIND OF BAKED INTO HOW THE H-2A PROGRAM HAS, AND CONTINUES TO OPERATE. ACCORDING TO H-2A WORKERS, ADVOCATES, AND DECADES OF DATA –ADDRESSING STOLEN WAGES, HORRIBLE LIVING QUARTERS, AND DANGEROUS WORKING CONDITIONS — IT’S JUST NOT A PRIORITY FOR THE PROGRAM. THE REAL FOCUS IS GETTING EMPLOYERS THE WORKERS THEY NEED, NO MATTER THE COST. TO ILLUSTRATE JUST HOW MUCH WE RELY ON THESE TEMPORARY WORKERS…

[ARCHIVE]

NEWS ANCHOR:THOUSANDS OF PEOPLE ARE SELF QUARANTINING AT HOME AFTER THEY MAY HAVE COME IN CONTACT WITH THE CORONAVIRUS. ACROSS THE COUNTRY… HEALTH OFFICIALS ARE RAPIDLY TRYING TO RAMP UP THEIR TESTING AND CONTAIN THE SPREAD. SOURCE 

FERNANDA: WHEN THE PANDEMIC HIT IN EARLY 2020 —WHEN THE UNITED STATES CLOSED ITS BORDERS— THERE WAS ONE MAJOR EXCEPTION. THE US NOT ONLY CONTINUED ISSUING H-2A VISAS, IT MADE THE PROCESS OF GETTING THEM EASIER.

TRUMP:SO, THEY’RE GONNA COME IN AND THEY’RE GONNA BE GIVEN A CERTAIN PASS, AND WE’RE GONNA CHECK ‘EM VERY, VERY CLOSELY, ESPECIALLY OVER THE NEXT MONTH. I’VE GIVEN THE COMMITMENT TO THE FARMERS, THEY’RE GONNA CONTINUE TO COME

FERNANDA: WE COULDN’T EAT WITHOUT THEM. WE STILL CAN’T. IT’S BEEN LIKE THAT FOR DECADES, EVER SINCE THE U.S. NEEDED TO ADDRESS LABOR SHORTAGES DURING WORLD WAR II….

[ARCHIVE]

BRACERO PROGRAM:IT ISN’T EASY TO FIND MEN WILLING TO TAKE ON SUCH UNDESIRABLE KINDS OF WORK, UNDERSTANDABLY. THEN THE AMERICAN FARM LABOR SUPPLY FALLS. AND IS SUPPLEMENTED BY MEXICAN CITIZENS. SOURCE 

FERNANDA: THIS HAS BECOME THE WAY OF FARMING IN THE UNITED STATES. WE’VE SPOKEN WITH FARMERS, GROWERS AND LEADERS IN THE AGRICULTURE INDUSTRY WHO SAY, THIS IS THE ONLY LEGAL MEANS THEY HAVE TO SECURE THE LABOR THEY NEED TO HARVEST THEIR FIELDS.

JIM: I SPEAK WITH GROWERS AROUND THE COUNTRY. THEY HAVE HAD TO LEAVE APPLES ON THE TREES TO ROT BECAUSE THEY COULDN’T GET ENOUGH WORKERS TO HARVEST THEM.

FERNANDA: THAT’S JIM BAIR, PRESIDENT OF THE US APPLE ASSOCIATION.

JIM: USING THE H-2A PROGRAM, EVEN THOUGH IT’S CUMBERSOME AND EXPENSIVE AND DIFFICULT TO NAVIGATE, THEY’RE WILLING TO DO IT JUST BECAUSE, UM, OF THE CERTAINTY OF KNOWING THAT THEIR LABOR SUPPLY IS LEGAL AND IT’S NOT GONNA PUT THE GROWER IN ANY KIND OF LEGAL JEOPARDY.

FERNANDA: WHILE WE KNOW THERE ARE MANY INSTANCES IN WHICH WORKERS AND AGRICULTURAL EMPLOYERS BOTH BENEFIT FROM THESE TEMPORARY VISAS, DIEGO AND MARIO FACED TERRIBLE CONDITIONS THAT ARE NOT THAT UNCOMMON. THEY WERE SUPPOSED TO FALL IN LINE WITH THOSE THAT CAME BEFORE THEM: “KEEP YOUR HEAD DOWN, DO THE WORK, DON’T COMPLAIN.” BUT THEY DIDN’T. AFTER THE BREAK WE TRAVEL TO THE EPICENTER OF THIS TEMPORARY VISA PROGRAM IN MEXICO AND LEARN ABOUT ONE OF THE MOST NEFARIOUS PLAYERS IN THE PROGRAM. THAT’S COMING UP NEXT ON LATINO USA. STAY WITH US. HEY, WE’RE BACK. I’M FERNANDA ECHAVARRI, IN FOR MARIA HINOJOSA. IT WAS 2018 WHEN DIEGO AND MARIO LEFT THEIR SMALL TOWN IN MEXICO TO GO TO NORTH CAROLINA WITH THEIR NEW GUEST WORKER VISAS. THAT YEAR, THERE WERE A RECORD NUMBER OF H-2A VISAS ISSUED … THIS IS THE ONLY CATEGORY OF TEMPORARY WORK VISAS WITHOUT A LIMIT. AND THERE WERE HINTS OF JUST HOW THIS PROGRAM WAS EXPLODING WHEN I WAS IN MONTERREY, ALSO IN THE SPRING OF 2018, ABOUT A MONTH BEFORE DIEGO AND MARIO WERE INSTRUCTED BY THEIR RECRUITER TO TRAVEL THERE. MONTERREY IS ABOUT THREE HOURS SOUTH OF THE U.S. BORDER IN THE STATE OF NUEVO LEON, WHICH HAS THE THIRD LARGEST ECONOMY IN MEXICO. IT IS THE HUB FOR H-2A VISAS, THE EPICENTER OF THE PROGRAM. THAT’S WHERE WORKERS USUALLY GO FOR THEIR APPOINTMENTS AT THE US CONSULATE AND THEN HEAD NORTH.

FERNANDA:WE’RE JUST DRIVING THROUGH THIS. NOT VERY BUSY STREET.  AND THERE ARE DOZENS AND DOZENS AND DOZENS. DOZENS OF MEN. SOME WITH SUITCASES. YES. UM, JUST KIND OF HANGING OUT OUTSIDE OF A HOTEL AND THEN ON THE STREET

FERNANDA: EVEN THOUGH I KNEW THAT EVERY YEAR THOUSANDS AND THOUSANDS OF TEMPORARY AGRICULTURAL WORKERS TRAVELED TO THE U.S. IT WAS STILL SHOCKING TO SEE IT LIKE THIS. THAT APRIL IN 2018, ACCORDING TO THE STATE DEPARTMENT, MORE THAN 32,000 H – A VISAS WERE ISSUED IN MEXICO, AND MOST OF THEM WERE GRANTED RIGHT HERE IN MONTERREY. THAT’S ABOUT AN AVERAGE OF 750 WORKERS GETTING A VISA EACH DAY DURING THAT MONTH, AND SINCE THEN, THE PROGRAM HAS ONLY GOTTEN BIGGER. IN APRIL OF LAST YEAR, MORE THAN 42,000 OF THSE VISAS WERE ISSUED IN MEXICO. THAT’S ABOUT A 32 PERCENT INCREASE FROM WHEN I WAS THERE FOUR YEARS AGO. I WALKED TO THE PLAZA, WHERE MANY OF THE WORKERS GATHER AFTER DOING THEIR MORNING INTERVIEWS WITH CONSULATE OFFICIALS. THIS IS WHERE THEY GET THEIR PRIZED VISAS FROM THE RECRUITERS. THE RECRUITERS SHOW UP WITH THESE BIG PLASTIC BINS LIKE THE, WHERE YOU WOULD STORE CHRISTMAS DECORATIONS, AND THEY ARE JUST PACKED WITH PASSPORTS. THEY START PULLING THEM OUT AND CALLING NUMBERS. JOSE, JUAN, LUIS, AND THE MEN JUST COME UP, GRAB THEIR PASSPORTS WITH THE ROLLING SUITCASE IN HAND, AND THEY WALK STRAIGHT TO ONE OF THE GREYHOUND-LIKE BUSES  THAT ARE ABOUT TO TAKE THEM TO THE US. IT HAPPENS THAT QUICKLY. SOME OF THE FIRST TIMERS THAT I TALKED TO, THEY DIDN’T EVEN KNOW WHERE IN THE US THEY WERE GOING. WHEN I ASKED THEM WHERE THEY WERE HEADED, THEY HAD TO PULL OUT THEIR PASSPORT AND FLIP IT OVER JUST SO THEY COULD READ THIS TEXT ON THIS LITTLE WHITE STICKER THAT SAID OKLAHOMA OR FLORIDA.” SOME OF THEM WERE CLEARLY NEWBIES BECAUSE THEY WERE WEARING SKINTIGHT JEANS TO BE ON A BUS RIDE FOR DAYS. AND WHILE 2018 SEEMS LIKE A LIFETIME AGO, SOME THINGS REMAIN THE SAME: TODAY MONTERREY IS STILL THE WORLD’S HUB FOR H-2A WORKERS AND THE LARGE MAJORITY OF THOSE WORKERS ARE STILL MEN FROM MEXICO. BUT THE PANDEMIC DID CHANGE A FEW THINGS.

EVY: THERE IS A REALLY STARK CONTRAST BETWEEN THE SCENE IN MONTERREY PRE AND POST COVID.

FERNANDA: EVY PEÑA WORKS FOR THE BINATIONAL NONPROFIT CENTRO DE LOS DERECHOS DEL MIGRANTE OR CDM, WHICH IN ENGLISH WOULD BE CENTER FOR MIGRANT’S RIGHTS. SHE SAYS IT’S BECOME A LOT HARDER TO REACH WORKERS NOW.

EVY: WORKERS ARE NO LONGER GETTING THEIR FINGERPRINTS TAKEN OR THEIR PHOTOS TAKEN, AT THE GOVERNMENT OFFICE.

FERNANDA: FOR YEARS, CDM HAD DONE “KNOW YOUR RIGHTS”’ PRESENTATIONS TO WORKERS NEAR THE PLAZA WHILE THEY WAITED OUTSIDE THE U.S. GOVERNMENT OFFICE WHERE THEY GOT THEIR PHOTOGRAPHS AND FINGERPRINTS TAKEN. BUT NOW THE WORKERS DON’T HAVE TO GO THERE BECAUSE THE US HAS WAIVED THAT REQUIREMENT.

EVY: THAT MEANS THAT WE NEEDED TO GO TO HOTELS. TO REACH OUT TO THEM.

FERNANDA: AND THE US GOVERNMENT DIDN’T JUST STOP REQUESTING FINGERPRINTS AND PHOTOS.THEY ALSO WAIVED THE IN-PERSON INTERVIEWS AT CONSULATES ABROAD. EVY SAYS THAT WHILE THIS MADE SENSE AT THE START OF THE PANDEMIC THREE YEARS AGO, IT MAKES NO SENSE TO NOT HAVE FACE-TO-FACE INTERVIEWS WITH CONSULATE OFFICIALS TODAY.

EVY: CONSULAR OFFICERS WOULD ASK THEM IF THEY HAD PAID FEES OR FACED OTHER RECRUITMENT ABUSE. THIS MEANS THAT THERE ARE HUNDREDS OF THOUSANDS OF WORKERS WHO ARE TRAVELING TO THE US, MANY OF THEM FOR THE FIRST TIME, DON’T KNOW WHAT THEIR RIGHTS ARE.

FERNANDA: ACCORDING TO CDM, FEWER THAN 10 PERCENT OF THE WORKERS ARE DOING IN-PERSON VISA INTERVIEWS RIGHT NOW, SOMETHING THAT’S INCREDIBLY UNUSUAL FOR THE US IMMIGRATION SYSTEM. AND THIS VOID OF INFORMATION FROM GOVERNMENT OFFICIALS LEAVES ROOM FOR RECRUITERS TO TAKE ADVANTAGE OF WORKERS.

EVY:THE US GOVERNMENT EASED UP REQUIREMENTS TO MAKE IT EASIER FOR EMPLOYERS AND RECRUITERS TO HIRE WORKERS, BUT THEY DIDN’T INCREASE PROTECTIONS FOR WORKERS. THEY DID IT AT THE EXPENSE OF WORKERS WHO WERE PUTTING THEIR LIVES ON THE LINE.

FERNANDA: WE ASKED A STATE DEPARTMENT OFFICIAL AT THE CONSULATE IN MONTERREY FOR THE PERCENTAGE OF WORKERS WHO ARE GETTING IN-PERSON INTERVIEWS BUT HE WOULDN’T TELL US. HE WOULD ONLY SAY THAT WORKERS ARE QUOTE “COMING IN EVERY DAY” FOR INTERVIEWS, BASED ON QUOTE “CERTAIN CRITERIA.” IN MEXICO AND CENTRAL AMERICA, LIKE IN THE US, THE PANDEMIC BROUGHT MASSIVE UNEMPLOYMENT… SO AN ALREADY DESPERATE POPULATION OF WORKERS BECAME EVEN MORE SO… AND THAT RESULTED IN RECRUITERS CHARGING EVEN HIGHER FEES. SO LET’S TALK ABOUT THOSE RECRUITERS…. RECRUITERS ARE A CRITICAL PART OF THE SYSTEM BECAUSE THEY HOLD SO MUCH POWER. THEY BASICALLY SAY WHO GETS TO APPLY FOR A VISA AND WHO DOESN’T. I REMEMBER IN 2018 SOURCES WARNING ME TO BE CAREFUL WHEN I WENT TO MONTERREY BECAUSE RECRUITERS DON’T LIKE TO SEE ANYONE ASKING THEIR WORKERS QUESTIONS. EVEN WITHOUT MY PRESS ID OR ANY OF MY RECORDING EQUIPMENT, WHEN I–A FIVE-FOOT-TALL MEXICAN WOMAN– CASUALLY APPROACHED A GROUP OF WORKERS, THEY DIDN’T WANT TO TALK TO ME. WHEN SOME OF THEM DID, THEY TOLD ME EVERYTHING WAS GREAT AND THAT THEY DIDN’T PAY A RECRUITER FOR ANYTHING. ESSENTIALLY, THAT MENTALITY I WAS TALKING ABOUT OF “PUT YOUR HEAD DOWN, DO THE WORK, AND DON’T COMPLAIN” IT STARTS HERE, IN MEXICO. FAR FROM US FARMS. AND AWAY FROM THE US GOVERNMENT’S OVERSIGHT. AND DIEGO AND MARIO, THE BEST FRIENDS FROM RURAL MEXICO, THEY SAW THIS FIRST HAND. 

TINA: DIEGO SAID BACK IN 2018 THEY WERE IN A HOTEL IN MONTERREY WITH THE RECRUITER AND ABOUT 300 OTHER WORKERS.

DIEGO: UNO DE LOS PATRONES LLEGÓ AHÍ A MONTERREY, A ESPERARNOS EN EL HOTEL PARA DECIRNOS QUE SÍ, DICE NO SE PREOCUPEN, YO LES DOY TRABAJO, SE VAN A IR CONTRATADOS ASÍ Y ASÍ, ASÍ, ASÍ.

TINA: DIEGO CALLS HIM THE BOSS. HE WAS MEXICAN-AMERICAN, ABOUT 30 YEARS OLD AND HAD A SORT OF MAKESHIFT OFFICE SET UP IN THE HOTEL. HE CALLED ALL THE MEN TO A MEETING AND TOLD THEM NOT TO WORRY, THAT HE WAS GOING TO MAKE SURE THEY GOT A WORK CONTRACT WITH A U.S. FARM. BUT THE RECRUITER ALSO SAID SOMETHING THAT WAS UNSETTLING TO DIEGO…

DIEGO:AHÍ MISMO NOS DIERON LA INSTRUCCIÓN DE QUE DIJÉRAMOS QUE NO ÍBAMOS A PAGAR POR LA VISA.

TINA: AS THEY PREPARE TO GO TO THEIR INTERVIEWS AT THE US CONSULATE, THE RECRUITER INSTRUCTS THE GROUP NOT TO TELL US OFFICIALS THAT THEY HAD GIVEN HIM ANY MONEY. TO SAY THEY HADN’T PAID HIM A FEE.

DIEGO:PUES YO TUVE QUE POR MIEDO O POR LA IGNORANCIA DE NO SABER CÓMO FUNCIONA

TINA: DIEGO SAYS THAT’S WHEN THE REAL FEAR KICKED IN. HE WAS NERVOUS. SO HE DID WHAT THE RECRUITER TOLD HIM.

DIEGO:POR MIEDO A QUE NO ME DIERAN LA VISA.

TINA: DURING THE INTERVIEW AT THE US CONSULATE, DIEGO WAS ASKED IF IT WAS HIS FIRST TIME COMING TO THE US. HE ANSWERED YES. HE WAS THEN ASKED IF HE HAD EVER CROSSED THE BORDER WITHOUT AUTHORIZATION. HE ANSWERED NO. BOTH TRUE. FINALLY, HE WAS ASKED IF HE PAID FOR THE H-2A VISA. AS INSTRUCTED, HE ANSWERED NO. LATER THAT DAY DIEGO AND MARIO GOT THEIR VISAS. THEY FELT A HUGE SENSE OF RELIEF.

DIEGO:PUES TODO SE MIRABA EN ORDEN. ENTONCES, QUIÉN IBA A DUDAR? ¿QUIÉN IBA A DUDAR? QUIÉN SE LE IBA A PASAR POR LA MENTE DE QUE, PUES ALGO ESTABA MAL.

TINA: EVERYTHING SEEMED LEGIT, DIEGO SAYS. HE WAS ABOUT TO START LEGALLY WORKING IN THE U.S. AS PART OF A GOVERNMENT PROGRAM. IT WOULD HAVE NEVER OCCURRED TO HIM TO EVEN THINK THAT THINGS WOULD BE SO BAD THAT HE AND MARIO WOULD HAVE TO ESCAPE.

FERNANDA: A CORE ISSUE WITH THE H-2A PROGRAM IS THE LACK OF OVERSIGHT IN GENERAL, BUT ESPECIALLY WHEN IT COMES TO RECRUITERS. THERE IS NO PUBLIC DATABASE OF RECRUITERS, AND RECRUITERS DON’T HAVE TO REGISTER WITH ANY GOVERNMENT AGENCY, NOT IN MEXICO, AND NOT IN THE U.S. THIS IS HOW IT USUALLY GOES: FARMERS IN THE US GET LABOR CONTRACTORS, OFTEN MEXICAN NATIONALS, WHO HIRE RECRUITERS IN MEXICO. ADVOCATES WARN THAT THIS PROCESS ENDS UP PREVENTING FARMERS FROM FACING DIRECT LIABILITY IN CASE OF WRONGDOING DURING THE RECRUITMENT PROCESS IN MEXICO. BECAUSE THE EMPLOYERS HERE IN THE US CAN SAY: WELP, I HIRED A THIRD PARTY TO GET ME WORKERS. I DIDN’T DO ANYTHING WRONG. SO, ON THE RECRUITMENT SIDE, IT ALL SEEMS VERY INFORMAL –EVEN THOUGH ALL U.S. EMPLOYERS ARE REQUIRED TO SIGN A STATEMENT FROM THE US DEPARTMENT OF LABOR ACKNOWLEDGING THAT RECRUITER FEES ARE PROHIBITED. THIS LACK OF TRANSPARENCY AND ACCOUNTABILITY LEAVES WORKERS EXTREMELY VULNERABLE TO ABUSE. IN 2018, DIEGO AND MARIO’S RECRUITMENT FEES OF 25-HUNDRED DOLLARS WERE CONSIDERED OUTRAGEOUS. BUT WE DISCOVERED THAT THERE ARE RECENT CASES IN WHICH WORKERS HAVE PAID UP TO 6-THOUSAND DOLLARS IN ILLEGAL RECRUITMENT FEES. THE STATE DEPARTMENT OFFICIAL IN MONTERREY’S CONSULATE TOLD US THAT THE ILLEGAL RECRUITMENT FEES THEY HEAR ABOUT MOST FREQUENTLY ARE ABOUT $2,000, BUT IT CAN GO UP TO $5,000. AND THAT THERE ARE THESE OTHER EXTREME CASES OF FRAUD — WHEN A RECRUITER TAKES MONEY FROM SOMEONE AND THERE’S NO ACTUAL H-2A JOB FOR THEM.—THE STATE DEPARTMENT SAID THEY’VE HEARD OF PEOPLE LOSING AS MUCH AS $8,000 AS PART OF THESE ELABORATE SCHEMES. AND TO MAKE MATTERS WORSE, THERE’S OF COURSE THE INTERNET.

FACEBOOK VIDEO: ABOGADOS DE INMIGRACION DE LOS ESTADOS UNIDOS, SE ESPECIALIZA EN TRAMITES DE RESIDENCIA AMERICANA (FADE UNDER)

FERNANDA: WHILE I WAS REPORTING IN MONTERREY, I CAME ACROSS THIS VIDEO FROM A FACEBOOK PROFILE CALLED SERVICIOS MIGRATORIOS USA. -MIGRATORY SERVICES USA- A PAGE THAT ADVERTISES VISA PROCESSING SERVICES. IT SAYS THAT THEY CAN GET PEOPLE WHO HAVE BEEN DEPORTED A PARDON AND A TEMPORARY WORKER VISA. WHICH IS IMPOSSIBLE BECAUSE ONE OF THE REQUIREMENTS FOR PEOPLE TO GET H-2A VISAS IS FOR PEOPLE TO NOT HAVE BEEN IN THE US ILLEGALLY. THE WOMAN IN THIS VIDEO SOUNDS LIKE A COMPUTER GENERATED VOICE WITH AN ACCENT FROM SPAIN. THE PAGE ADVERTISED VISA FAIRS IN DIFFERENT CITIES ACROSS MEXICO. ONE OF THEM WAS IN A HOTEL IN THE NORTHERN CITY OF DURANGO … SO WE CALLED THAT HOTEL TO ASK ABOUT THIS VISA. THE MAN AT THE FRONT DESK TOLD US “OH MISS YOU’RE LIKE THE SIXTH PERSON THAT’S CALLED ASKING ABOUT THIS BUT NOTHING IS BOOKED HERE: WE DON’T EVEN HAVE A CONFERENCE ROOM IN THIS HOTEL WHERE THIS COULD HAPPEN.” HE ALSO TOLD US THAT HE HAD GOTTEN A CALL FROM SOMEONE INQUIRING ABOUT POSSIBLY SETTING UP A TABLE IN THE LOBBY BUT THE HOTEL TOLD THEM NO. SO NATURALLY WE SENT SOMEONE TO CHECK OUT THIS “VISA FAIR.” AND IT TURNS OUT IT WAS JUST TWO WOMEN SITTING IN THE HOTEL RESTAURANT WITH A LAPTOP COLLECTING 500 PESOS, ABOUT  25 DOLLARS, FROM THE PEOPLE WHO MADE APPOINTMENTS VIA FACEBOOK. TODAY, THAT FACEBOOK PAGE ISN’T ACTIVE. BUT WE FOUND OTHERS LIKE IT. AND EVY PEÑA WITH THE MIGRANT RIGHTS GROUP CDM, TOLD US THAT SINCE THE PANDEMIC, THE AMOUNT OF SCAMS AND FRAUD TAKING PLACE ONLINE IS WORSE THAN SHE’S EVER SEEN. SOME ADVOCATES SAY THAT CREATING A BI-NATIONAL FRAMEWORK FOR THE RECRUITMENT PROCESS IS NECESSARY… OTHERWISE YOU END UP WITH SCAMS, FALSE PROMISES, LABOR TRAFFICKING, THREATS… MEANWHILE, MEXICO AND THE US KEEP THROWING THAT HOT POTATO AROUND. MEXICO SAYS, OH, IT’S A US COMPANY DOING IT IN MEXICO SO, MEXICO HAS NO RESPONSIBILITY, OR, THE US SAYS WELL, THIS IS HAPPENING IN MEXICO SO THERE’S NO PLACE FOR US TO INVESTIGATE. IT’S IMPORTANT TO NOTE THAT THERE ARE BIG RECRUITMENT AGENCIES USED BY FARMERS AND GROWERS THAT ARE LEGITIMATE BUSINESSES. THEY’RE HIRED BY US COMPANIES AND DON’T CHARGE ILLEGAL FEES TO THE WORKERS BECAUSE THEY MAKE THEIR MONEY FROM THE US COMPANIES THAT HIRE THEM. IT’S ALSO WORTH MENTIONING THAT I’VE MET WITH MEXICAN OFFICIALS AT A COUPLE STATE GOVERNMENT AGENCIES WHO ARE TRYING TO EDUCATE COMMUNITIES ABOUT VISA FRAUD SO THAT THEY DON’T FALL VICTIMS AND END UP IN DEBT. BUT THAT’S SIMPLY NOT ENOUGH. AS ONE OFFICIAL TOLD ME, THEY’RE CONSTANTLY PLAYING CATCH UP, THESE BAD APPLES ARE POPPING UP EVERYWHERE. AND THIS IS ESPECIALLY TROUBLING BECAUSE THE PROGRAM’S RAPID GROWTH MEANS THAT THERE IS MORE OPPORTUNITIES FOR FRAUDULENT COMPANIES TO SCAM WORKERS. BEFORE I LEFT MONTERREY, I STOPPED BY A SMALL SHELTER NOT FAR FROM THE MAIN PLAZA. THIS WAS A PLACE WHERE MEN WHO RAN OUTTA MONEY COULD GO WHILE THEY WAITED FOR THEIR VISAS.

GUSTAVO: LA HORA NOS LA PAGABAN CASI A 13

FERNANDA: I TALKED TO WORKERS WHO WERE DOING THIS FOR THE THIRD OR FOURTH TIME. THEY SEEMED TO KNOW WHAT THEY WERE GETTING INTO. TWO OF THEM TOLD ME THEY MADE $13 AN HOUR IN LOUISIANA, AND THAT IT WAS GOOD MONEY, EVEN AFTER TAXES. BUT LEAVING THEIR FAMILIES WAS EXTREMELY PAINFUL.

LUIS: POR QUÉ SE VA GENTE ABANDONANDO A LA FAMILIA

FERNANDA: THEN AS I WAS WALKING OUT, A SOFT-SPOKEN MAN SAID HE WANTED TO BE INTERVIEWED.

OMAR: OMAR 

FERNANDA: FERNANDA 

OMAR: MUCHO GUSTO

FERNANDA: ME QUIERES DAR TU APELLIDO

OMAR: SI,  

FERNANDA: OMAR, LIKE THE OTHER TWO MEN I TALKED TO AT THE SHELTER, HAD GONE TO HIS INTERVIEW AT THE US CONSULATE THAT MORNING.

HOY ME DIERON EL NO PARA MI VISA

FERNANDA: BUT THEY DENIED HIS VISA BECAUSE HE ADMITTED THAT HE PREVIOUSLY LIVED IN THE US WITHOUT STATUS. 

OMAR:ESTUVE DE ILEGAL EN ESTADOS UNIDOS 22 AÑOS Y ME PUES SÍ ES UN CASTIGO QUE TE DAN

FERNANDA: THAT’S SOMETHING THAT DISQUALIFIES YOU FROM THIS PROGRAM, AND THE RECRUITER SHOULD HAVE KNOWN THIS INFORMATION, BUT HE STILL TOLD OMAR TO TRAVEL TO MONTERREY. THIS IS YET ANOTHER WAY THAT RECRUITERS SCAM PEOPLE: BY SETTING THEM UP TO FAIL, AND TAKING THEIR MONEY.

OMAR:ESTE, PUES SI ES UN CASTIGO QUE TE DAN

FERNANDA: OMAR WAS DEVASTATED TO BE STUCK IN MONTERREY, FAR AWAY FROM HOME, WITH THE MONEY HE HAD SAVED AND BORROWED, GONE.

OMAR: PERO NO ME ENTRISTECE NO HABER IDO

FERNANDA: BUT WHAT SADDENED HIM WAS NOT THAT HE DIDN’T GET TO GO TO THE US, IT WAS THAT THERE AREN’T REAL OPPORTUNITIES HERE IN SUCH A BEAUTIFUL COUNTRY, HE SAYS.

OMAR: ES QUE NO HAY OPORTUNIDAD AQUÍ, EN UN PAÍS TAN BONITO.

FERNANDA: COMING UP ON LATINO USA, WE CONTINUE DIEGO AND MARIO’S JOURNEY, AS THEY ARRIVE IN THE NIGHTMARE THAT WAS NORTH CAROLINA…

AARON:I MEAN, IF I WERE DIEGO, MARIO, I DON’T KNOW WHAT I WOULD’VE DONE. I THINK THAT THEY HAD KIND OF, THEY WERE PRETTY DESPERATE.

FERNANDA: THAT’S AFTER THE BREAK. STAY WITH US. HEY, WE’RE BACK. I’M FERNANDA ECHAVARRI IN FOR MARÍA HINOJOSA, AND TINA. I’D LIKE TO GET BACK TO DIEGO AND MARIO’S STORY.

TINA: IT’S 2018 AND DIEGO AND MARIO ARE HEADED TO THEIR FIRST OFFICIAL JOBS AS H-2A WORKERS. GETTING THERE TAKES ALMOST TWO DAYS AND THEY’RE TRAVELING ON A CRAMPED BUS THAT TAKES THEM FROM MONTERREY TO NORTH CAROLINA. ALL THEY KNOW AT THIS POINT IS THAT THEY HAVE BEEN PROMISED WELL-PAYING JOBS AND ROOM AND BOARD. BUT SOON AFTER THEY ARRIVE, THINGS START TO FALL APART. BEFORE THEIR NEW EMPLOYER TAKES THEM AND OTHER WORKERS TO THE LABOR CAMP THERE’S THIS UNEXPECTED OFFSITE MEETING…

DIEGO: EN ESA REUNIÓN NOS DIJERON QUE SI ALGUIEN AH, QUERÍA ESCAPARSE QUE ERA IMPOSIBLE PORQUE ELLOS IBAN A INFORMAR A MIGRACIÓN Y MIGRACIÓN NOS IBA A BUSCAR A DONDE ESTUVIÉRAMOS NOSOTROS.

TINA: THE BOSSES VERY CLEARLY THREATENED DIEGO, MARIO, AND THE HUNDREDS OF OTHER WORKERS THERE: IF YOU DARE LEAVE THIS JOB, WE WILL INFORM IMMIGRATION AUTHORITIES. AND THEY WILL COME TO GET YOU WHEREVER YOU ARE.

DIEGO:TENÍAMOS QUE FIRMAR EL TALÓN DONDE SUPUESTAMENTE NOS DEVOLVÍAN EL REEMBOLSO DE TODO LO QUE GASTAMOS

TINA: RIGHT THEN AND THERE, WORKERS WERE REQUIRED TO SIGN A DOCUMENT FALSELY CONFIRMING THE EMPLOYER REIMBURSED THEM THE MONEY THEY SPENT FOR THEIR VISA AND TRAVELS EXPENSES FROM MONTERREY TO NORTH CAROLINA. THIS IS ILLEGAL, OF COURSE. THE H-2A PROGRAM’S RULES ARE VERY CLEAR: THE EMPLOYER PAYS FOR ALL COSTS, INCLUDING TRAVEL, VISAS, AND HOUSING IN THE U.S. LATER THAT DAY, WHEN DIEGO AND MARIO ARRIVED AT THE LABOR CAMP, THINGS GOT EVEN WORSE.

DIEGO: COMO DECIR, GUAU, ACABO A VIVIR. CÓMO SI ESTO NO ES UNA CASA, NO ES UNA CASA VER TODOS LAS PAREDES, TODAS SUCIAS. INCLUSO LOS COLCHONES ESTÁN DEMASIADO SUCIOS…

TINA: DIEGO STILL REMEMBERS THE HOUSE THEY WERE GOING TO LIVE IN, ABANDONED AND FILTHY WITH DIRTY MATTRESSES. HIS FIRST IMPULSE WAS TO TAKE PICTURES WITH HIS CELL PHONE.

DIEGO: UN REFRI PARA 30 O 40 PERSONAS. ERA LO ÚNICO QUE SERVÍA DE LA CASA. DE AHÍ LOS BAÑOS NO TENÍAN PUERTAS. TIENES QUE HACER TUS NECESIDADES AHÍ EN FRENTE DE TODOS NO TENÍAMOS AGUA CALIENTE.

TINA: THE HOUSE WAS ALREADY OCCUPIED BY 40 OTHER WORKERS WHEN DIEGO AND MARIO ARRIVED. THERE WAS NO HOT WATER, THE BATHROOMS DIDN’T HAVE ANY DOORS, AND THERE WAS A BUCKET IN THE SHOWER. THE FRIDGE WAS THE ONLY WORKING APPLIANCE IN THE HOUSE. JUST ONE FRIDGE FOR 40 MEN. IF THE AWFUL LABOR CAMP WASN’T ENOUGH FOR DIEGO AND MARIO, THERE WAS ALSO THE ISSUE OF FOOD. SOMEONE FROM THE FARM TOOK THE WORKERS TO THE GROCERY STORE, BUT IT ONLY HAPPENED TWICE IN EIGHT DAYS. DIEGO AND MARIO BOUGHT INGREDIENTS TO MAKE HAM AND CHEESE SANDWICHES, BUT AFTER THAT, THEY WERE BASICALLY OUT OF THE MONEY THEY BORROWED IN MEXICO.

DIEGO: DE LO POQUITO QUE TENÍAMOS QUE TRAÍAMOS DE MÉXICO, PUES ES LO QUE GASTAMOS EN ESE MOMENTO.

TINA: AND THEY WEREN’T ALONE. SOME WORKERS AT THE CAMP POOLED THEIR MONEY TOGETHER TO BUY FOOD. THEY WERE STARVING. OTHERS WALKED THE MAIN ROAD NEAR THE CAMP, STOPPING CARS AND OFFERING TO WORK IN EXCHANGE FOR FOOD.

DIEGO: TENÍAMOS QUE IR JUNTÁNDOTE TODO UN POQUITO Y ENTRE VARIOS PARA PODER COMER.

TINA: THERE WAS EVEN THIS ONE TIME WHEN FOOD VENDORS ARRIVED IN THE LABOR CAMP WITH FRESHLY MADE TORTAS… DIEGO AND MARIO THOUGHT THEY WERE FINALLY GOING TO EAT A WARM MEAL. BUT THE FOOD WAS FOR SALE AND THEY HAD NO MONEY. AND THEN THEY REALIZED THAT THERE WAS NOT A LOT OF WORK TO DO. THE WHOLE POINT OF BEING IN NORTH CAROLINA WAS TO WORK, BUT DIEGO AND MARIO HEARD FROM MEN WHO ARRIVED BEFORE THEM THAT THEY HADN’T WORKED IN TWO WEEKS.

DIEGO: SÍ, LLEVABAN COMO UNA SEMANA O DOS SEMANAS, ELLOS, PERO PUES IGUAL ELLOS DECÍA NO, PUES TAMPOCO NO HEMOS TRABAJADO.NO HEMOS SACADO MUCHO Y ESTÁN LLEGANDO MÁS Y VIENEN MÁS EN CAMINO.

TINA: THE RECRUITER IN MEXICO HAD ASSURED DIEGO AND MARIO THEY WOULD RECEIVE AN HOURLY WAGE. THIS WAS ANOTHER LIE.ONCE AT THE FARM IN NORTH CAROLINA, THEY WERE TOLD THEY’D BE PAID BY THE VOLUME OF BLUEBERRIES THEY PICKED.

DIEGO: LA CUBETA DICE PUES VA A ESTAR A DOS CINCUENTA.

TINA: A FULL BUCKET OF FRUIT WAS WORTH TWO DOLLARS AND FIFTY CENTS. ILLEGAL, BUT WHO’S COUNTING? ADDING TO ALL OF THIS CHAOS, THE BLUEBERRIES THEY WERE THERE TO PICK WEREN’T EVEN READY TO BE HARVESTED. SO, IT WAS IMPOSSIBLE TO MAKE MONEY.

DIEGO: COMO EN CUATRO HORAS, CREO QUE ESTUVIMOS AHÍ. COMO CUATRO CUBETAS, CREO A LO MUCHO QUE HICE.

TINA: AFTER A LONG WORK DAY THAT STARTED AT 5 AM, DIEGO EARNED 10 DOLLARS. IN FOUR DAYS HE MADE AROUND 45 DOLLARS. LESS THAN WHAT HE MADE AT THE BAKERY AT HOME. IF THERE WAS TIME THE WORKERS SPENT STANDING AROUND WAITING FOR WORK, THAT WAS SUPPOSED TO BE COMPENSABLE TIME, THEY WERE SUPPOSED TO GET PAID FOR THAT. BUT THAT DIDN’T HAPPEN. AND REMEMBER, DIEGO AND MARIO WENT INTO DEBT FOR THIS JOB. WHEN MARIO TOLD HIS WIFE ABOUT ALL OF THIS, SHE SAID THERE WASN’T MUCH THAT THEY COULD DO.

MARIO: LE PLATICABA YO A MI ESPOSA DE LO QUE ESTAMOS VIVIENDO, HASTA ME DIJO PUES NO, PUES NI MODO PUES.

TINA: SHE BASICALLY RESIGNED HERSELF TO THE IDEA THAT MARIO HAD TO ENDURE ALL OF THIS BECAUSE THEY WERE POOR.

MARIO: SOLO PORQUE SOMOS POBRES, SINO PUES, SI TE TUVIÉRAMOS SUFICIENTE DINERO, A LO MEJOR NO, NO LO ESTÁS VIVIENDO DE ES…

TINA: DIEGO AND MARIO WERE FURIOUS AND THEY WERE ALSO STARTING TO GET DESPERATE, SO THEY CALLED THEIR RECRUITER BACK IN MEXICO TO ASK WHAT WAS GOING ON. THE RECRUITER EXPLAINED THAT THEY WERE PROMISED HOURLY WAGES BECAUSE THAT WAS THE ONLY WAY THE U.S. CONSULATE WOULD APPROVE THEIR VISAS. REALITY WAS REALLY STARTING TO SET IN NOW. THEY HAD THOUSANDS OF DOLLARS TO PAY BACK AND IT WAS CLEAR THEY WEREN’T GOING TO MAKE THE WAGES THEY WERE PROMISED. THEY STARTED TO REGRET EVERYTHING.

DIEGO: LLEGA ESE COMO EL ARREPENTIMIENTO. PUES, DE HABER VENIDO. NO TENÍAMOS LUJOS, PERO NO NOS HACÍA FALTA DE COMER Y LLEGAR AQUÍ, VER QUE NO TIENES NADA. 

TINA: DIEGO SAYS THAT EVEN THOUGH THEY NEVER HAD MUCH IN MEXICO, THIS, THIS WAS THE FIRST TIME THEY WERE GOING HUNGRY.

DIEGO: PRÁCTICAMENTE SE PUEDE SENTIR COMO QUE ESTUVIERA EN UNA CÁRCEL. NO? Y VIVIR DE ESA MANERA. ERA ALGO HORRIBLE.

TINA: THEY FELT LIKE PRISONERS. AND IF THEY DIDN’T DO WHAT THEY WERE TOLD, THE BOSSES THREATENED TO TAKE AWAY THEIR PASSPORTS TO KEEP THEM FROM RUNNING AWAY LIKE OTHER WORKERS IN OTHER CAMPS.

MARIO: Y DECÍA “LO VAMOS A QUITAR SU PASAPORTE PARA QUE ASÍ NADIE, NADIE PUEDE. NADIE PUEDE ESCAPAR.” ESAS SON LAS AMENAZAS QUE NOS DABAN.

TINA: FIVE YEARS LATER, IT’S STILL HARD FOR DIEGO AND MARIO TO BRING UP THESE MEMORIES. HOW COULD THIS HAPPEN TO THEM UNDER A U.S. GOVERNMENT PROGRAM?

AARON: OKAY, SO WE GOT GAS. I GAVE YOU THE RECEIPT, RIGHT? 

TINA: YES. 

AARON:  ALL RIGHT, HERE WE GO. 

TINA: IT’S OCTOBER 5TH 2022 AND I’M IN AARON JACOBSON’S CAR ABOUT TO LEAVE RALEIGH. AARON JACOBSON IS A SUPERVISING ATTORNEY FOR LEGAL AID OF NORTH CAROLINA’S FARMWORKER UNIT. AND HE’S ALSO ONE OF DIEGO AND MARIO’S LAWYERS.

AARON: THERE’S SOME CAMPS THAT ARE LIKE FAR SOUTHEAST THAT ARE LIKE PROBABLY…

TINA: HE’S DRIVING US TO GET AS CLOSE AS WE CAN TO THE LABOR CAMP WHERE DIEGO AND MARIO ESCAPED. AARON DOESN’T REALLY FIT THE STEREOTYPE OF WHAT AN ATTORNEY LOOKS LIKE. HE HAS A LONG BEARD AND LONG GRAY HAIR THAT HE TIES BACK. HE WAS A FARMWORKER ORGANIZER BEFORE BECOMING A LAWYER. AARON WAS INSTRUMENTAL IN DIEGO AND MARIO’S ESCAPE. HE STILL REMEMBERS THE DAY HE FIRST LEARNED WHAT WAS GOING ON AT THE LABOR CAMP IN MAY OF 2018.

AARON: WE DIDN’T GET A CALL FROM A WORKER WE GOT A CALL FROM A SISTER ORGANIZATION THAT SAID, YOU NEED TO GET OUTTA THIS LABOR CAMP LIKE SOON. THE REPORT WE GOT FROM THEM WAS THAT THERE WERE FARM WORKERS WALKING THE STREETS BEGGING TO WORK FOR FOOD. AND WE WERE LIKE, LIKE, WHAT?

TINA: THOSE WERE DIEGO AND MARIO’S COWORKERS WHO HAD BEGGED FOR FOOD. SO AARON AND HIS TEAM DROVE OUT THERE. EMPLOYERS DON’T ALLOW FARMWORKER ADVOCATES LIKE HIM TO TALK TO WORKERS IN THE FIELDS. SO HE GOES TO THEIR HOUSING.

AARON: AND SO A LOT OF TIMES WE’LL LEARN ABOUT ABUSES, BUT VERY OFTEN WORKERS STILL WILL NOT WANT TO TAKE ANY ACTION. BECAUSE I THINK THEY’RE JUST DOING LIKE A COST BENEFIT ANALYSIS IN THEIR HEADS AND LIKE, YOU KNOW, I COULD RE REPORT THIS BUT I THEN I COULD GET FIRED BUT GET FIRED. THAT’S GONNA BE A HARDSHIP. 

TINA: AND THIS IS WHERE THE POWER IMBALANCE BETWEEN EMPLOYER AND WORKER GETS EVEN WORSE. IF YOU GET FIRED AND DON’T LEAVE THE COUNTRY IMMEDIATELY, YOU WOULD BECOME UNDOCUMENTED. SO WHAT’S TO STOP AN EMPLOYER FROM RETALIATING AGAINST YOU BY CALLING ICE? SO AARON IS USED TO FARMWORKERS NOT WANTING TO SPEAK UP. AND THAT’S HOW IT WAS AT THE BLUEBERRY FARM. AS HE TOLD THE WORKERS HOW THE PROGRAM WAS SUPPOSED TO WORK, NO RESPONSE. MARIO REMEMBERS NO ONE WANTED TO SAY ANYTHING.

MARIO: NADIE QUERÍA HABLAR. NADIE QUE HABLAR, TODOS CALLADOS, TODO ESO.

TINA: SO THEN…

AARON: MARIO JUST GOT UP IN THE MIDDLE OF THE ROOM AND SAID, I’M PROBABLY GETTING IN TROUBLE FOR SAYING THIS, BUT THAT’S NOT WHAT’S GOING ON HERE. WOW. AND THAT’S KIND OF LIKE ALMOST UNHEARD OF. AND SO I REMEMBER WE WERE LEAVING. I WAS LIKE, I BET WE’RE GONNA GET A CALL FROM THEM.

TINA: DIEGO AND MARIO SCHEDULED AN IN PERSON MEETING WITH AARON BUT IT WAS GOING TO BE DIFFICULT TO PULL OFF BECAUSE THEY WERE ALWAYS BEING WATCHED. SO THEY SAID THEY WERE GOING OUT TO BUY FOOD. AND THAT’S WHEN THEY MET UP WITH AARON. THEY WERE STILL A LITTLE UNSURE ABOUT HIM… COULD THEY TRUST HIM? IT WAS ONLY WHEN THEY WERE SITTING WITH AARON IN A TRUCK STOP, BY THE SIDE OF THE ROAD, THAT DIEGO AND MARIO BEGAN TO FULLY UNDERSTAND THE MASSIVE, ILLEGAL SCHEME THEY HAD BEEN FUNNELED INTO. IN REALITY, MARIO AND DIEGO HAVE BEEN TRAFFICKED…THEY WERE BROUGHT TO THE U.S. THROUGH DECEPTION. THE FEES WERE ILLEGAL. THEY WERE LIED TO ABOUT THEIR CONTRACTS. THEY WERE FORCED TO SIGN DOCUMENTS THAT FALSELY STATED THE EMPLOYER HAD REIMBURSED THEM FOR FEES, HOTEL, TRANSPORTATION AND FOOD. THE CONDITIONS THEY WERE HOUSED IN WERE ILLEGAL. BEING PAID A SEVERELY LOW WAGE BY THE BUCKET INSTEAD OF HOURLY, ALSO ILLEGAL. AARON EXPLAINED THAT THEY HAD A STRONG CASE AND COULD SUE THEIR EMPLOYER FOR LABOR TRAFFICKING. BUT FIRST, THEY HAD TO ESCAPE.

AARON: I SAID, LOOK, RIGHT NOW YOU MIGHT BE ELIGIBLE FOR AN IMMIGRATION REMEDY BASED ON THE LABOR OF TRAFFICKING YOU’VE SURVIVED. HOWEVER, IF YOU WANNA PURSUE THAT REMEDY, YOU HAVE TO STAY IN THE COUNTRY. SO IT TAKES, YOU KNOW, AT LEA- MORE THAN A YEAR.

TINA: THAT’S THE REAL CRUX OF THE PROBLEM WITH THIS PROGRAM. EVEN THOUGH THEY WERE FLEEING STARVATION, LABOR TRAFFICKING, AND EVERYTHING ELSE, IT WAS MARIO AND DIEGO WHO HAD THE MOST TO LOSE–NOT THE EMPLOYER. NOT THE RECRUITER: THE VICTIMS. THEY COULD APPLY FOR A VISA FOR VICTIMS OF TRAFFICKING BUT THEY’D HAVE TO WAIT IN THE US WITHOUT ANY LEGAL STATUS. SO, FORGET ABOUT WORKING AND PROVIDING FOR YOUR FAMILY BACK HOME. FORGET ABOUT MEETING YOUR NEWBORN. DESPITE THE RISKS AND THE HEARTBREAK, THEY DECIDED TO DO IT.

AARON: I MEAN, IF I WERE DIEGO, MARIO, I DON’T KNOW WHAT I WOULD’VE DONE. I THINK THAT THEY HAD KIND OF, THEY WERE PRETTY DESPERATE.

TINA: AARON KNEW THAT IF DIEGO AND MARIO STAYED AROUND FOR ANOTHER DAY AND WAITED UNTIL PAYDAY THAT THEY COULD PROVE WAGE THEFT ON TOP OF EVERYTHING ELSE THAT HAPPENED. AND THAT THEY’D HAVE A STRONGER CASE. SO THE EVENING AFTER PAYDAY…

DIEGO: DIEGO WAS LIKE, WHAT’S WHATS APPING TO ME? LIKE AT 11:00 PM SATURDAY NIGHT, HE WAS KIND OF LIKE THE, UH, EVIDENCE COLLECTOR OF THE GROUP. SO HE HAD GOT EVERYONE’S PAY STUBS AND YOU KNOW, TOOK PHOTOS.

TINA: THAT NIGHT, DIEGO AND MARIO WALKED DOWN THE DIRT PATH OUT TO THE MAIN ROAD. AN ADVOCATE WHO WORKED WITH AARON PICKED THEM UP. THEY HAD ONLY BEEN IN THE U.S. FOR EIGHT DAYS, AND THEIR LIVES WERE TOTALLY DERAILED. BEING THERE NOW ALL THESE YEARS LATER, I TRIED TO IMAGINE WHAT IT WAS LIKE FOR THEM…

TINA: I FEEL LIKE ANXIETY IN MY CHEST. LIKE I’M REALLY WORRIED THAT SOMEBODY’S GONNA COME OUT OF ONE OF THESE TRAILERS AND BE LIKE, WHAT ARE YOU DOING? KIND OF THING.

TINA: I MEAN, THIS IS THE SOUTH WHERE A LOT OF PEOPLE HAVE GUNS, AND DON’T REALLY TAKE KINDLY TO STRANGERS TRESPASSING ON THEIR PROPERTY. AFTER TWO WEEKS AT THE BLUEBERRY FARM, MARIO AND DIEGO ESCAPED THE LABOR CAMP AROUND MIDNIGHT IN MAY OF 2018. AND THEY DIDN’T EVEN KNOW THE NAME OF THE NORTH CAROLINA TOWN THAT THEY WERE IN. WE’RE GETTING CLOSE TO THE LABOR CAMP WHERE DIEGO AND MARIO WERE KEPT.

I THINK THIS IS OKAY. 

THIS IS BUSIER THAN I THOUGHT. LIKE, THERE’S STUFF CLOSER THAN I THOUGHT THERE WOULD BE. 

YEAH. YEAH. THERE’S A LOT OF LITTLE HOUSES. 

YEAH. 

I GUESS THERE’S NO LIKE, STORES REALLY NEARBY.

TINA: SO THIS IS THE ROAD THAT WORKERS WERE WALKING ON ASKING FOR FOOD. 

I THINK THAT’S CORRECT. YEAH. MM-HMM. 

TINA: DAMN.

TINA: THE MAIN ROAD IS VERY BUSY, CARS WHIZ BY CONSTANTLY. AND RIGHT AROUND WHERE WE STOP, WE CAN SEE A CHURCH AND AN ELEMENTARY SCHOOL IN THE DISTANCE. BUT DIEGO AND MARIO WERE HOUSED IN A REMOTE AREA OFF THIS MAIN ROAD. STANDING THERE, I KNEW THAT I WOULD NEVER THINK OF LABOR TRAFFICKING THE SAME WAY AGAIN. THIS WAS ALL HAPPENING RIGHT IN OUR BACKYARDS. AARON ADVISED US NOT TO GET MUCH CLOSER TO THE LABOR CAMP. WE COULDN’T EVEN ACCESS IT BY CAR. SO WE DECIDED TO LEAVE.

FERNANDA: DIEGO AND MARIO ARE JUST TWO OF THE THOUSANDS OF WORKERS WHO FALL VICTIM TO ABUSE AND FRAUD IN THE H-2A PROGRAM EVERY YEAR. REMEMBER JUST LAST YEAR MORE THAN A QUARTER MILLION WORKERS CAME HERE THIS WAY… EXPECTED TO PUT THEIR HEADS DOWN, DO THE WORK, AND NOT COMPLAIN.

DIEGO: TENDRÍA QUE DARLES ESTA INFORMACIÓN DE CUÁLES SON LOS DERECHOS, SINO QUE HACERLOS PÚBLICOS, YA SEA COMO RADIO, TELEVISIÓN 

FERNANDA: DIEGO SAYS THERE IS A NEED FOR GOVERNMENT OFFICIALS IN BOTH COUNTRIES TO USE SOCIAL MEDIA, THE RADIO, TV, ANY MEANS NECESSARY TO EDUCATE FOLKS ON THEIR RIGHTS. IF THEY DID THAT, HE SAYS, MAYBE THEY’D BE LESS ABUSE. WHILE THERE ARE GOVERNMENT OFFICIALS WHO OVERSEE THE PROGRAM AND THERE ARE AVENUES TO REPORT ABUSES… IT IS FAR FROM ENOUGH. AND WE’RE GONNA GET TO ALL OF THAT IN THE NEXT EPISODE.

AARON: THERE IS A PRETTY GLARING DISPARITY BETWEEN THE PROGRAM ON PAPER AND WHAT HAPPENS IN PRACTICE.

TINA: AARON SAYS RECENTLY HE HAS GOTTEN MORE CALLS ABOUT STORIES LIKE DIEGO AND MARIO’S.

AARON: IT’S KIND OF ALARMING. WE’RE HEARING MORE ACCOUNTS THAT ARE VERY SIMILAR TO THAT INVOLVING, YOU KNOW, PASSPORT CONFISCATION, THREATS OF DEPORTATION.

TINA: THREATS LIKE THE ONES DIEGO AND MARIO RECEIVED FROM THE RECRUITER EVEN AFTER THEY ESCAPED.

DIEGO: TENÍAMOS QUE PAGAR MÁS DINERO, DARLE MÁS DINERO. EN ESE TIEMPO, NOS PEDÍAN MXN $25,000 MÁS PARA QUE NOS DEJARAN TRANQUILOS Y QUE NOS DEJARAN TRABAJAR.

TINA: THEY WERE THREATENED TWICE. FIRST, RIGHT AFTER THEY ESCAPED. THE RECRUITER DEMANDED THAT THEY PAY 13 HUNDRED DOLLARS AS A QUOTE PENALTY FEE. DIEGO AND MARIO REFUSED. AND THEN, MONTHS LATER, THE RECRUITER POPPED BACK UP AGAIN, THIS TIME THREATENING TO HURT MARIO’S WIFE. IN PART, THAT’S WHY WE’RE NOT REVEALING MORE DETAILS ABOUT THEIR IDENTITIES AND WHY WE’RE NOT SAYING THE NAME OF THE RECRUITER. IT’S BEEN ALMOST FIVE YEARS SINCE MARIO AND DIEGO ESCAPED FROM NORTH CAROLINA. MARIO SAYS HE’D RATHER NOT THINK ABOUT IT. IT’S BEST TO PUT THE BAD MEMORIES OF WHAT HAPPENED BEHIND HIM. 

MARIO: COMO QUE A VECES UNO NO QUIERE IMAGINAR CÓMO FUE EL TIEMPO QUE TUVIMOS AHÍ. ALGO TRISTE, NO ALGO TRISTE.SALIMOS ASÍ Y CORRIENDO ESCAPANDO.

TINA: DIEGO AND MARIO, ALONG WITH SEVEN OTHER WORKERS, WORKED WITH AARON TO BRING A LAWSUIT WHICH WAS SETTLED LAST YEAR. IN THE END, THEY EACH GOT PAID ABOUT 8 THOUSAND DOLLARS AS PART OF THE SETTLEMENT. OF COURSE, THEY USED PART OF THIS MONEY TO PAY BACK THE LOANS. THEY’RE STILL IN THE U.S. AND THEY STILL WORK TOGETHER. THIS TIME, IT’S AT A RESTAURANT.

FERNANDA: ALL OF THE EVIDENCE DIEGO COLLECTED HELPED THE WORKERS WIN THEIR CASE. HE SAYS HE KNEW THOSE PICTURES HE TOOK WOULD COME IN HANDY. IN DIEGO AND MARIO’S CASE, BOTH THE RECRUITER AND THE EMPLOYER WERE INCLUDED IN THE LAWSUIT. IN 2021, THE H-2A LABOR CONTRACTOR WAS DEBARRED FOR TWO YEARS FROM PARTICIPATING IN THE PROGRAM. BUT AARON SAYS THAT THE SAME CONTRACTOR HAS BEEN ACTIVE IN THE PROGRAM DURING THAT TIME. AND IN OUR REPORTING, WE FOUND ANOTHER LAWSUIT AGAINST THE SAME LABOR CONTRACTOR. AND IT WAS FILED A MONTH BEFORE DIEGO AND MARIO’S.

DIEGO: HOLA. HOLA, HOLA.

VALERIA: HOLA. BIEN. COMIENDO

DIEGO: YA TE AGARRARON COMIENDO. PERO DOS, YO QUERÍA APE, NO MÁS DE MI CAL. ÉL ES MI. EL ES MI HIJO

FERNANDA: IT’S A HOT AND HUMID AFTERNOON, IN THE SUMMER OF 2022, DIEGO IS SITTING ON A PARK BENCH SURROUNDED BY LUSCIOUS TREES. HE’S ON A VIDEO CALL WITH HIS WIFE AND YOUNG SON

DIEGO: CÓMO TE LLAMAS? HIJO? NO SE NO SABE, NO SABE CÓMO SE LLAMA, JAJAJA.

FERNANDA: DIEGO’S SON WAS BORN IN LATE 2018, ABOUT SIX MONTHS AFTER HE ESCAPED FROM THE LABOR CAMP. THEY’VE NEVER MET. THEY’VE HAD TO BOND OVER THE PHONE.

DIEGO: VA HIJO, TE QUIERO. VA HIJA. YO TAMBIÉN TE QUIERO MUCHO, MUCHO, MUCHO.

FERNANDA: DIEGO AND MARIO BOTH QUALIFY FOR SOMETHING KNOWN AS A T VISA, THESE ARE SPECIAL VISAS FOR IMMIGRANTS WHO ARE VICTIMS OF TRAFFICKING. ONCE THEY HAVE THOSE VISAS, THEY SHOULD BE ALLOWED TO BRING THEIR FAMILIES TO THE U.S. DIEGO COULD FINALLY MEET HIS LITTLE BOY, HUG HIM FOR THE FIRST TIME. BUT THE PROCESS COULD TAKE YEARS. COMING UP ON EPISODE 2 OF HEAD DOWN… WE BRING YOU THE RESULTS OF OUR INVESTIGATION INTO HOW MILLIONS OF DOLLARS IN STOLEN WAGES OWED TO FARMWORKERS END UP IN THE HANDS OF A US FEDERAL AGENCY.

ANNOUNCEMENT: THEA LEE (FROM DOL): BUENAS TARDES… ES UN HONOR PARA MÍ PARTICIPAR EN EL LANZAMIENTO DEL PROGRAMA PILOTO…

FERNANDA: AN ANNOUNCEMENT THAT THE U.S. PROMISES TO PAY BACK THAT MONEY WITH HELP FROM MEXICAN AUTHORITIES. 

THEA LEE: ES UN EJEMPLO DE CÓMO PROTEGEMOS A LOS DERECHOS DE TODOS LOS TRABAJADORES 

FERNANDA: A BIG PROMISE ESPECIALLY IN A PROGRAM KNOWN FOR ITS INEFFICIENCY AND WAGE THEFT. YOU’LL ALSO MEET TWO BROTHERS WHO PROTESTED IN WASHINGTON STATE… 

PROTEST: QUIEN HABLÓ CON EL CAMARADA QUE SE MURIÓ, QUIEN ERA SU COMPA (FADE UNDER)

FERNANDA: AFTER A FELLOW H–2A FARMWORKER DIED. WE’LL LOOK BACK AT THE RACIST HISTORY BEHIND TEMPORARY FOREIGN LABOR

ARCHIVE: WHY BRING IN FOREIGNERS TO WORK ON OUR FARMS? 

FERNANDA: AND ASK… HOW CAN THE H-2A PROGRAM BE FIXED?

CREDITS

FERNANDA: “HEAD DOWN” IS AN ORIGINAL PRODUCTION BY FUTURO INVESTIGATES, IN COLLABORATION WITH LATINO USA, AND PRISM. I’M FERNANDA ECHAVARRI. THIS EPISODE WAS REPORTED AND PRODUCED BY PATRICIA SULBARÁN, TINA VASQUEZ, AND ME, WITH ASSISTANCE FROM ROXANA AGUIRRE. IT WAS EDITED BY ANDREA LÓPEZ-CRUZADO AND ME. MARIA HINOJOSA AND PENILEY RAMÍREZ ARE THE EXECUTIVE PRODUCERS OF FUTURO INVESTIGATES. MUSIC AND SCORING BY JACOB ROSATI. FACT-CHECKING BY AMY TARDIF. NANCY TRUJILLO AND RAUL PEREZ WERE OUR PROJECT MANAGERS. THIS EPISODE WAS MIXED BY JULIA CARUSO AND GABRIELA BAEZ. REPORTING WAS MADE POSSIBLE WITH SUPPORT FROM THE W.K. KELLOGG FOUNDATION, THE MCGRAW CENTER FOR BUSINESS JOURNALISM, THE CRAIG NEWMARK GRADUATE SCHOOL OF JOURNALISM AT THE CITY UNIVERSITY OF NEW YORK, THE TOW FOUNDATION, AND MICHELLE MERCER AND BRUCE GOLDEN. EARLY SUPPORT FOR THIS REPORTING CAME FROM THE HOWARD G. BUFFETT FOUNDATION. SPECIAL THANKS TO ABRAHAM VAZQUEZ, SOFÍA SÁNCHEZ, ELIZABETH LOEWENTHAL TORRES, NINA ALVAREZ, DIANE SYLVESTER, AND THE FARMWORKERS WHO SHARED THEIR STORIES WITH US. FOR MORE, VISIT FUTURO-INVESTIGATES-DOT-ORG AND PRISMREPORTS.ORG 

The work of Futuro Investigates is made possible by the W.K.Kellogg Foundation, Chan Zuckerberg Initiative, the Tow Foundation, the Geraldine H. Dodge Foundation, Michelle Mercer and Bruce Golden, and Hispanics in Philanthropy.

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