Four sentenced in migrant worker scam- The Associated Press

[Guest guest]

The following article is significant in that it cites the the 2000 law that

protects individuals from slavelike working conditions. More recently, the

Protecting Victims of Trafficking Act was re-authorized in 2002 and the question

has often been to what extent does the law protect and encourage MSFWs that find

themselves in slavelike conditions to come forward. From the article below we

see that at least in the state of New York the federal law was used to both

encourage the victims to come forward as well as prosecute the perpetrators.

This is the classic case where MSFWs are provided with transportation across the

country and then told that they must work and pay off the cost of

transportation, housing, etc to the new employer until the debt is paid off. It

is not clear in the article if an offer of citizenship was made by the

government to the encourage victims to come forward, but it certainly does set a

precedence for protection under the trafficking laws for MSFWs that find

themselves working under slavelike conditions.

Four sentenced in migrant worker scam- The Associated Press

Illegals came forward to report conditions

BY CAROLYN THOMPSON

BUFFALO - A farm labor contractor accused of recruiting undocumented Mexicans to

western New York farms and forcing them to work for little or no pay was

sentenced Thursday to nearly four years in prison.

's husband and two sons also were sentenced in a case that began

when some of the workers escaped the family's control and sought help.

Prosecutors said , 54, and her son Elias Botello, 29, would approach young

illegal aliens near the Arizona border and promise them good pay in return for

work picking produce. The family is from Mission, Texas.

The workers described being driven in the back of a van with blacked-out windows

for three days to labor camps in Albion and Kendall and told they were not free

to leave until they paid off enormous debts.

The indictments, returned in 2002, were among the first in the state brought

under a 2000 federal law that protects illegal aliens from slavelike working

conditions.

" We were fortunate because the victims, who were themselves illegal aliens,

actually came forward, " said Assistant U.S. Attorney Gretchen Wylegala.

Victims are often fearful of having their illegal status discovered, she said.

In a plea agreement last December, admitted to one count of forced labor

in exchange for a 46-month sentence. Botello, who pleaded guilty to conspiracy

to commit forced labor, was sentenced to 37 months.

Another son, J. , received a 14-month term for alien harboring and

her husband, I. , was given one year of probation on the same charge.

" The s are a hardworking family of American citizens who admitted a very

narrow set of facts and are strong and proud and will move on with their lives, "

said public defender Hoover.

Hoover accused the government of granting some of the s' accusers U.S.

citizenship in exchange for their cooperation.

" The U.S. taxpayers are subsidizing benefits being given to these illegal

aliens, many of whom continue to break the law, " he said. " That's not anything

we can control but it's something the taxpayers should be concerned about. "

The s - along with several growers from Genesee and Orleans counties who

relied on the family for workers - are named in a related civil suit seeking

back wages for the workers.

" The law says employers are responsible for assuring that the workers receive

their wages . . . Our position is the growers really turned a blind eye to what

was happening, " said Werner, who represents 10 former workers in the

class action suit.

An attorney for the farmers said they, too, are victims.

" They really are good, upstanding growers who are leaders of their communities, "

attorney said. " They can't believe they're even attached to

this. "

Papers filed in the criminal case indicate the workers were told they owed the

s $1,000 to $1,800 for transportation to New York, as well as additional

money for food, housing, electricity and daily rides to the fields. As many as

50 workers were packed into housing built for no more than 20.

, the papers indicate, cashed their checks and deducted what she

said she was owed.

" The workers were confined in unsanitary and overcrowded housing located in

isolated, rural areas, and were subjected to verbal abuse, threats and guards to

prevent the workers from leaving, all in order to maintain a cheap and compliant

work force, " the documents said.

Ruiz

Assistant Director, Systems Development and Policy Administration

Migrant Health Coordinator

National Association of Community Health Centers, Inc.

7200 Wisconsin Avenue Suite 210

Bethesda, MD 20814

(301) 347-0442

(301) 347-0459 FAX

(202) 365-0154 Cell Phone

jruiz@...

www.nachc.com

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