MAMOU, Louisiana — Travis Manuel and his twin brother, Trey, were shopping at Walmart near this rural town when they met two Mexican women who struck them as sweet. Using a few words of Spanish he had picked up from his Navy days, Travis asked the two women out on a double date.
Around midnight the following Saturday, when they finished their shift at a seafood processing plant, Marisela Valdez and Isy Gonzalez waited for their dates at the remote compound where they lived and worked.
As soon as they got in the Manuel brothers’ car, the women began saying something about “patrón angry,” Travis recalled. While he was trying to puzzle out what they meant, his brother, who was driving, interrupted: “Dude,” Trey said. “There’s someone following us.”
Trey began to take sudden turns on the country roads threading through the rice paddies that dot the area, trying to lose the pickup truck behind them. Finally, they saw a police car.
“I said, we’re gonna flag down this cop” for help, Travis recalled. “But the cop pulled us over, lights on, and told us not to get out of the vehicle,” Trey added, noting that the pickup pulled up and the driver began conferring with the police.
An officer asked Trey and his brother for ID. From the backseat, their dates began to cry.
Travis tried to reassure them. They weren’t doing anything wrong, he said, and they were in the United States. “I was like, ‘There’s no way they are going to take you away.’”
He was wrong.
The man in the truck was the women’s boss, Craig West, a prominent farmer in the heart of Cajun country. As Sgt. Robert McGee later wrote in a police report, West said that Valdez and Gonzalez were “two of his girls,” and he asked the cops to haul the women in and “scare the girls.”
The police brought the women, who were both in their twenties, to the station house. McGee told them they couldn’t leave West’s farm without permission, warning that they could wind up dead. To drive home the point, an officer later testified, McGee stood over Valdez and Gonzalez and pantomimed cutting his throat. He also brandished a Taser at them and said they could be deported if they ever left West’s property without his permission.
A little after 2 in the morning, they released the women to West for the 15-minute drive through the steamy night to his compound — a place where, the women and the Mexican government say, workers were stripped of their passports and assigned to sleep in a filthy, foul-smelling trailer infested with insects and mice. Valdez and Gonzalez also claimed that they and other women were imprisoned, forced to work for little pay, and frequently harassed by West, who demanded to see their breasts and insisted that having sex with him was their only way out of poverty.
Ken Bensinger / BuzzFeed News
These women were not undocumented immigrants working off the books. They were in the United States legally, as part of a government program that allows employers to import foreign labor for jobs they say Americans won’t take — but that also allows those companies to control almost every aspect of their employees' lives.
Each year, more than 100,000 people from countries such as Mexico, Guatemala, the Philippines, and South Africa come to America on what is known as an H-2 visa to perform all kinds of menial labor across a wide spectrum of industries: cleaning rooms at luxury resorts and national parks, picking fruit, cutting lawns and manicuring golf courses, setting up carnival rides, trimming and planting trees, herding sheep, or, in the case of Valdez, Gonzalez, and about 20 other Mexican women in 2011, peeling crawfish at L.T. West Inc.
A BuzzFeed News investigation — based on government databases and investigative files obtained through the Freedom of Information Act, thousands of court documents, as well as more than 80 interviews with workers and employers — shows that the program condemns thousands of employees each year to exploitation and mistreatment, often in plain view of government officials charged with protecting them. All across America, H-2 guest workers complain that they have been cheated out of their wages, threatened with guns, beaten, raped, starved, and imprisoned. Some have even died on the job. Yet employers rarely face any significant consequences.
Many of those employers have since been approved to bring in more guest workers. Some have even been rewarded with lucrative government contracts. Almost none have ever been charged with a crime.
In interview after interview, current and former guest workers — often on the verge of tears — used the same word to describe their experiences: slavery.
“We live where we work, and we can’t leave,” said Olivia Guzman Garfias, who has been coming to Louisiana as a guest worker from her small town in Mexico since 1997. “We are tied to the company. Our visas are in the company’s name. If the pay and working conditions aren’t as we wish, who can we complain to? We are like modern-day slaves.”
In a statement, the Department of Labor, which is charged with protecting workers and vetting employers seeking visas, said that the H-2 programs “are part of a wider immigration system that is widely acknowledged to be broken, contributing to an uneven playing field where employers who exploit vulnerable workers undermine those who do the right thing.”
The number of H-2 visas issued has grown by more than 50% over the past five years. Unlike the better-known H-1B visa program, which brings skilled workers such as computer programmers into America’s high-tech industries, the H-2 program is for the economy’s bottom rung, designed to make it easier for employers to fill temporary, unskilled positions. Proponents argue that it gives foreigners a chance to work here legally, send home much-needed dollars, and return to their families when the job is over.
In March, the U.S. Chamber of Commerce defended the guest worker program before a Senate committee, noting that such "temporary workers are needed in lesser-skilled occupations that are both seasonal and year round," and that aspects of the program are "critical" to "American workers, the local community, and companies that provide goods and services to these seasonal businesses.”
Tens of thousands of companies, ranging from family businesses to huge corporations, have participated in the program since it took its modern form in 1986. Employers pledge to pay their workers a set rate, which can range from the federal minimum wage to a higher “prevailing wage” that varies from state to state and job to job. As for the employees, they can only work for the company that sponsored their visa. They are legally barred from seeking other employment and must leave the country when the job ends.
For some people, such as the hundreds of soccer coaches who youth sports camps bring in every year from the United Kingdom and elsewhere, an H-2 visa offers an opportunity to make some money while spending time in another country. Many companies treat their H-2 employees well, and many guest workers interviewed for this article said they are grateful for the program.
But public records and interviews reveal how easy it is for companies that sponsor H-2 visas to abuse their employees.
Many companies pay their guest workers less than the law mandates. Others pay them for fewer hours than they actually work, or force them to work extremely long hours without overtime. Some, on the other hand, offer them far less work than promised, at times leaving workers without enough money to buy food. Employers also whittle away at wages by imposing an array of prohibited fees — starting with bribes to get the jobs in the first place, which can leave workers so deep in debt that they are effectively indentured servants.
Guest workers often toil in conditions that are unsafe, inhumane, or simply exhausting, wielding dangerous machinery beneath a scorching sun or standing for hours on end in sweltering factories. And at the end of their shift, many workers retire to grim, squalid quarters that might be little more than a grimy mattress on the floor of a crowded, vermin-infested trailer. For such housing, some employers charge workers extortionate rent.
Though it is against the law, employers often exert additional control over guest workers by confiscating their passports, without which many foreign workers, fearful of being deported, feel unsafe leaving the worksite. Some employers extend their influence over workers to extremes, screening their mail, preventing them from receiving visitors, banning radios and newspapers, or even coercing them to attend religious services they don’t believe in. Some foremen sexually harass female workers, who live in constant fear of losing their jobs and being deported.
The world has become accustomed in recent years to hearing of guest worker abuse in countries such as Qatar or Thailand. But this is happening in the United States. And the problem is not just a few unscrupulous employers. The very structure of the visa program enables widespread abuse and exploitation.
The way H-2 visas shackle workers to a single employer leaves them almost no leverage to demand better treatment. The rules also make it easy to banish a worker to her home country at the boss’s whim. And guest workers tend to be so poor — and, often, so indebted from the recruitment fees they paid to get the job in the first place — that they feel they have no choice but to endure even the worst abuses.
Court documents and interviews revealed numerous cases where workers who tried to speak out said they received threats to their lives. Many others claimed they were blacklisted by employers, losing the opportunity to get jobs that, however miserable, give them more money than they could earn in their own countries.
The government has been warned repeatedly over almost two decades that the guest worker program is deeply troubled, with more than a dozen official reports excoriating it for everything from widespread visa fraud to rampant worker abuse, and even calling for its elimination. Since 2005, Labor Department investigation records show, at least 800 employers have subjected more than 23,000 H-2 guest workers to violations of the federal laws designed to protect them from exploitation, including more than 16,000 instances of H-2 workers being paid less than the promised wage.
Those numbers almost certainly understate the problem, as the federal government doesn’t check up on the vast majority of companies that bring guest workers into this country. The Labor Department noted in its statement that it has limited resources, with only about 1,000 investigators to enforce protections for all 135 million workers in the U.S. Still, it said, it recovered more than $2.6 million in back wages owed to roughly 4,500 H-2 workers in the 2014 fiscal year. In that year, the agency said, it found violations in 82% of the H-2 visa cases it investigated.
Kalen Fraser, a former investigator for the Labor Department’s Wage and Hour Division who specialized in H-2 visa cases, said that while some companies stumble over complex rules, a substantial portion “maliciously” violate worker protection laws. “There’s a big power imbalance there, and the worst guys get away with everything.”
Jessica Garrison / BuzzFeed News
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