1 00:00:01,320 --> 00:00:11,840 Speaker 1: Futuro Investigatsuro Investila. When Diego and Mario planned their escape, 2 00:00:12,200 --> 00:00:13,720 Speaker 1: they knew they'd have to do it in the middle 3 00:00:13,720 --> 00:00:14,320 Speaker 1: of the night. 4 00:00:15,440 --> 00:00:16,040 Speaker 2: The city. 5 00:00:17,480 --> 00:00:22,680 Speaker 3: Stamenos Bhilao or Los car de la Casa. 6 00:00:22,600 --> 00:00:25,000 Speaker 1: When the bosses were less vigilant and when all the 7 00:00:25,040 --> 00:00:30,360 Speaker 1: other workers were in their rooms sleeping. It was a 8 00:00:30,400 --> 00:00:33,839 Speaker 1: warm night in May twenty eighteen, in a town near Raleigh, 9 00:00:33,920 --> 00:00:37,680 Speaker 1: the capital of North Carolina. It was eerily quiet. As 10 00:00:37,680 --> 00:00:40,760 Speaker 1: they each packed a single bag, they couldn't carry much 11 00:00:40,760 --> 00:00:43,320 Speaker 1: on their long walk in the dark, so they only 12 00:00:43,360 --> 00:00:45,199 Speaker 1: took some of the clothes they had brought with them 13 00:00:45,200 --> 00:00:45,800 Speaker 1: from Mexico. 14 00:00:46,920 --> 00:00:51,120 Speaker 3: Na Massa Ramovlo in Dispensalle, but Noya mar La Tenion 15 00:00:51,159 --> 00:00:51,640 Speaker 3: de Tolos. 16 00:00:53,320 --> 00:00:56,160 Speaker 1: Diego and Mario had only walked the dirt road out 17 00:00:56,200 --> 00:00:58,760 Speaker 1: of the camp once before, and it was during the day. 18 00:00:59,280 --> 00:01:01,400 Speaker 1: It could be risk getting out to the main road 19 00:01:01,440 --> 00:01:04,759 Speaker 1: at night. Two guys alone who were not from there, 20 00:01:05,200 --> 00:01:06,600 Speaker 1: they could seem suspicious. 21 00:01:07,080 --> 00:01:08,039 Speaker 4: They were terrified. 22 00:01:08,920 --> 00:01:15,560 Speaker 3: Salimo Como poquel Espuru Campo. 23 00:01:16,720 --> 00:01:19,160 Speaker 2: Caminas assisting lamp. 24 00:01:20,360 --> 00:01:22,520 Speaker 1: They walked in the dark, using their cell phones to 25 00:01:22,600 --> 00:01:26,160 Speaker 1: light up the way. Scraggly brambles with thorns lined their path, 26 00:01:26,920 --> 00:01:30,440 Speaker 1: taking every step with trepidation, knowing that the snakes they'd 27 00:01:30,440 --> 00:01:32,040 Speaker 1: seen before could be nearby. 28 00:01:34,280 --> 00:01:35,200 Speaker 2: Jack Uando. 29 00:01:39,240 --> 00:01:42,600 Speaker 3: Esperan moment position Timosella. 30 00:01:43,120 --> 00:01:45,520 Speaker 1: Once they were close to the main road, they spotted 31 00:01:45,560 --> 00:01:48,600 Speaker 1: the getaway car. The people who had promised to help 32 00:01:48,640 --> 00:01:52,800 Speaker 1: them escape were actually there. Diego and Mario were overcome 33 00:01:52,840 --> 00:01:55,279 Speaker 1: with relief. They were finally safe. 34 00:01:55,440 --> 00:01:58,720 Speaker 2: For in Salimos Cilos. 35 00:02:02,520 --> 00:02:05,960 Speaker 1: They had walked away from the nightmare they experienced working 36 00:02:06,000 --> 00:02:15,600 Speaker 1: in a US farm as part of a government program 37 00:02:15,639 --> 00:02:19,880 Speaker 1: from Futuro Investigates and Latino USA in collaboration with PRISM, 38 00:02:20,000 --> 00:02:24,280 Speaker 1: am Fernando echavarri in for our host Marie Jjosa. For 39 00:02:24,360 --> 00:02:27,680 Speaker 1: the next two episodes, I, along with Tina Vasquez, editor 40 00:02:27,720 --> 00:02:30,720 Speaker 1: at Large at PRISM, will tell you about the increasing 41 00:02:30,880 --> 00:02:35,400 Speaker 1: and systematic abuse of temporary migrant laborers who are critical 42 00:02:35,520 --> 00:02:36,639 Speaker 1: to the US economy. 43 00:02:42,000 --> 00:02:44,960 Speaker 5: We're talking about the hundreds of thousands of farm workers 44 00:02:45,240 --> 00:02:47,760 Speaker 5: who come to work our fields every year with work 45 00:02:47,840 --> 00:02:51,160 Speaker 5: visas under the US government's H two a program, a 46 00:02:51,240 --> 00:02:55,639 Speaker 5: program where Diego and Mariosa expectations don't match reality. 47 00:02:56,120 --> 00:02:57,359 Speaker 2: That is a NASA. 48 00:02:59,240 --> 00:03:02,399 Speaker 5: It's the back own of our agricultural industry, and yet 49 00:03:02,440 --> 00:03:06,639 Speaker 5: these workers we desperately rely on are constantly mistreated. 50 00:03:07,000 --> 00:03:09,960 Speaker 1: In a recent and very extreme case of abuse, an 51 00:03:09,960 --> 00:03:12,760 Speaker 1: official from the Department of Justice called what happened to 52 00:03:12,800 --> 00:03:18,480 Speaker 1: workers quote modern day slavery. The structure is certainly akin 53 00:03:18,639 --> 00:03:20,400 Speaker 1: to indenture servitude. 54 00:03:21,160 --> 00:03:25,160 Speaker 6: There's a pretty glaring disparity between the program on paper 55 00:03:25,200 --> 00:03:26,760 Speaker 6: and what happens in practice. 56 00:03:27,000 --> 00:03:29,640 Speaker 5: Are we going to just keep on this path because 57 00:03:29,880 --> 00:03:31,800 Speaker 5: farmers are saying they need the labor. 58 00:03:32,280 --> 00:03:36,480 Speaker 4: You're literally buying people to come do terrible work. 59 00:03:36,720 --> 00:03:37,600 Speaker 7: Terrible work. 60 00:03:39,880 --> 00:03:42,440 Speaker 1: In the simplest of terms, Here's how the HTA program 61 00:03:42,480 --> 00:03:47,680 Speaker 1: works us farmers. And this can be a mom and 62 00:03:47,760 --> 00:03:52,040 Speaker 1: pop citrus orchard or a massive corporation harvesting tons of cherries. 63 00:03:52,560 --> 00:03:54,880 Speaker 1: They go to the Department of Labor and they say, hey, 64 00:03:55,120 --> 00:03:57,160 Speaker 1: I can't get you as workers to do this very 65 00:03:57,200 --> 00:04:01,080 Speaker 1: physically demanding jobs, so I need permission to I don't know, 66 00:04:01,120 --> 00:04:05,200 Speaker 1: one hundred foreign workers. Then the Department of Labor says, okay, 67 00:04:05,360 --> 00:04:07,560 Speaker 1: if you promise to pay them what the DL and 68 00:04:07,640 --> 00:04:10,320 Speaker 1: what your state require, and you give them a place 69 00:04:10,360 --> 00:04:12,240 Speaker 1: to live, you can have those visas. 70 00:04:13,200 --> 00:04:16,479 Speaker 5: The employer hires a recruiting company or a labor contractor, 71 00:04:16,839 --> 00:04:18,680 Speaker 5: or they just reach out to folks they've worked with 72 00:04:18,720 --> 00:04:21,240 Speaker 5: in the past to hire the workers they need. The 73 00:04:21,320 --> 00:04:25,120 Speaker 5: employer files some paperwork with US Citizenship and Immigration Services, 74 00:04:25,600 --> 00:04:27,120 Speaker 5: and then things move pretty fast. 75 00:04:27,720 --> 00:04:29,720 Speaker 1: The number of H to A workers has more than 76 00:04:29,800 --> 00:04:32,920 Speaker 1: tripled in the last decade. Just last year, more than 77 00:04:32,960 --> 00:04:35,920 Speaker 1: three hundred thousand workers came to the US in this way. 78 00:04:36,400 --> 00:04:40,000 Speaker 1: About ninety percent of them are from Mexico, and the workers, 79 00:04:40,120 --> 00:04:43,720 Speaker 1: mostly men, get their visas in Mexico right before they 80 00:04:43,720 --> 00:04:47,159 Speaker 1: get on a packed bus that takes them north. The 81 00:04:47,240 --> 00:04:50,080 Speaker 1: trip can take days, and their employer in the US 82 00:04:50,200 --> 00:04:53,839 Speaker 1: should reimburse them for that travel. The job usually lasts 83 00:04:53,839 --> 00:04:55,880 Speaker 1: six to nine months, no longer than a year. 84 00:04:56,480 --> 00:04:58,640 Speaker 5: There's something about the employers that I want you to 85 00:04:58,720 --> 00:05:02,680 Speaker 5: keep in mind. As a work visa, the HTWOA visas 86 00:05:02,760 --> 00:05:06,240 Speaker 5: tie workers to their employer. So if their employer isn't 87 00:05:06,240 --> 00:05:09,400 Speaker 5: paying them or is offering them inadequate housing or no food, 88 00:05:09,920 --> 00:05:12,480 Speaker 5: the worker can't go find a better job because quitting 89 00:05:12,560 --> 00:05:15,839 Speaker 5: means not only losing their visa, but their ability to 90 00:05:15,920 --> 00:05:18,640 Speaker 5: legally remain in the United States. In the case of 91 00:05:18,680 --> 00:05:23,640 Speaker 5: the HTOA program, losing The visa also strips workers from housing, meals, 92 00:05:23,920 --> 00:05:26,680 Speaker 5: basic stuff. A worker can pretty much end up in 93 00:05:26,720 --> 00:05:27,280 Speaker 5: the streets. 94 00:05:27,880 --> 00:05:30,520 Speaker 1: For years now, this program has intrigued TENA and I 95 00:05:30,640 --> 00:05:36,280 Speaker 1: because of its complexity. On one hand, it is beneficial 96 00:05:36,320 --> 00:05:39,920 Speaker 1: for entire families in Mexico. Workers can make double or 97 00:05:39,960 --> 00:05:42,320 Speaker 1: triple what they would make on a Mexican farm, and 98 00:05:42,360 --> 00:05:45,040 Speaker 1: they don't have to risk crossing into the US own lawfully. 99 00:05:45,920 --> 00:05:49,080 Speaker 1: But on the other hand, the program is exploitative and 100 00:05:49,240 --> 00:05:53,680 Speaker 1: full of dangerous power dynamics. Employers have pretty much all 101 00:05:53,720 --> 00:05:54,320 Speaker 1: the control. 102 00:05:55,880 --> 00:05:59,440 Speaker 8: Once the visa expires, the laborers are required to return home. 103 00:06:00,000 --> 00:06:03,400 Speaker 5: At least one hundred immigrant workers were freed from conditions 104 00:06:03,400 --> 00:06:04,800 Speaker 5: in which two people died. 105 00:06:06,200 --> 00:06:11,839 Speaker 1: In theory, workers have some protections against retaliation, but in practice, 106 00:06:12,000 --> 00:06:16,279 Speaker 1: if they complain, they can easily get fired. There's this 107 00:06:16,440 --> 00:06:20,400 Speaker 1: unspoken expectation of the workers, put your head down, do 108 00:06:20,480 --> 00:06:22,000 Speaker 1: the work, don't complain. 109 00:06:28,520 --> 00:06:31,400 Speaker 5: Over the years, we've spoken with workers on both sides 110 00:06:31,400 --> 00:06:32,240 Speaker 5: of the border. 111 00:06:32,920 --> 00:06:34,960 Speaker 3: And Lakaye there spoils that can ascore. 112 00:06:35,040 --> 00:06:37,679 Speaker 1: You know, travel to Mexico to see where it all begins. 113 00:06:39,960 --> 00:06:43,080 Speaker 5: Investigated in Washington State and North Carolina. 114 00:06:43,360 --> 00:06:46,360 Speaker 6: We're headed to I guess it's near North Carolina and. 115 00:06:46,360 --> 00:06:49,239 Speaker 1: Spoke to government officials about exploitation of the program. 116 00:06:49,520 --> 00:06:53,240 Speaker 4: They are stuck, absolutely stuck. 117 00:06:53,720 --> 00:06:56,800 Speaker 5: We uncovered crucial documents. I just wanted to let you know, 118 00:06:57,240 --> 00:06:59,080 Speaker 5: but I got some records. 119 00:06:58,680 --> 00:07:02,839 Speaker 1: Back, records that show, oh, how the US government holds millions, yes, 120 00:07:03,040 --> 00:07:05,680 Speaker 1: millions of dollars in wages owed to h to A 121 00:07:05,760 --> 00:07:09,720 Speaker 1: workers and yet has no clear plans or timeline for 122 00:07:09,800 --> 00:07:12,720 Speaker 1: how to pay them back. And despite all of the 123 00:07:12,800 --> 00:07:15,640 Speaker 1: issues with the H two A visas, the Biden administration 124 00:07:15,800 --> 00:07:19,920 Speaker 1: is in talks to expand the program. We'll get into 125 00:07:19,920 --> 00:07:22,160 Speaker 1: it in our two parts special head Down. 126 00:07:31,400 --> 00:07:31,600 Speaker 3: Oh. 127 00:07:34,240 --> 00:07:37,120 Speaker 1: We met Diego and Mario last summer. These are not 128 00:07:37,240 --> 00:07:40,400 Speaker 1: their real names. They've asked us to protect their identities 129 00:07:40,560 --> 00:07:43,120 Speaker 1: because even though they're no longer h to A workers, 130 00:07:43,400 --> 00:07:46,840 Speaker 1: they still fear retaliation from people associated with the program. 131 00:07:47,360 --> 00:07:49,360 Speaker 1: So if we sound a little vague on certain parts 132 00:07:49,360 --> 00:07:53,760 Speaker 1: of the story, that's why Madio is thirty six and 133 00:07:53,840 --> 00:07:56,880 Speaker 1: Diego is twenty nine. They have been close friends for 134 00:07:56,960 --> 00:07:59,760 Speaker 1: over a decade. They met working at a bakery in 135 00:07:59,760 --> 00:08:00,720 Speaker 1: Sea othern Mexico. 136 00:08:01,120 --> 00:08:06,840 Speaker 3: Join us Intestava and Prepa. 137 00:08:07,640 --> 00:08:09,760 Speaker 5: Diego says he was still in high school when he 138 00:08:09,840 --> 00:08:12,520 Speaker 5: learned how to bake bread from Mario. They're more than 139 00:08:12,560 --> 00:08:21,640 Speaker 5: friends at this point, they're like brothers really. Diego is 140 00:08:21,680 --> 00:08:25,320 Speaker 5: an extrovert who loves electronic music and dressing like famous 141 00:08:25,320 --> 00:08:29,160 Speaker 5: soccer players with flashy tennis shoes and skinny jeans. He 142 00:08:29,240 --> 00:08:32,320 Speaker 5: also has a remarkable memory, a detail that would be 143 00:08:32,400 --> 00:08:35,960 Speaker 5: key to their escape. Mario is more serious and shy 144 00:08:36,000 --> 00:08:38,600 Speaker 5: one of the two, but when he opens up, he 145 00:08:38,640 --> 00:08:42,880 Speaker 5: gets easily emotional. They come from indigenous communities and they're 146 00:08:42,880 --> 00:08:47,840 Speaker 5: both the eldest of three siblings. 147 00:08:48,440 --> 00:08:52,560 Speaker 9: Only news. 148 00:08:53,200 --> 00:08:56,000 Speaker 5: Mario comes from a remote area where Spanish is not 149 00:08:56,080 --> 00:08:59,480 Speaker 5: the predominant language in his hometown. The nearest school was 150 00:08:59,520 --> 00:09:02,280 Speaker 5: a two hour walk away from his home, so instead 151 00:09:02,280 --> 00:09:04,880 Speaker 5: of getting an education, he had to start working as 152 00:09:04,880 --> 00:09:06,520 Speaker 5: a child. 153 00:09:07,000 --> 00:09:13,120 Speaker 10: Estuyadio dos est Mario wanted his kids to have a 154 00:09:13,120 --> 00:09:15,720 Speaker 10: different life, so he moved with his wife and their 155 00:09:15,760 --> 00:09:17,199 Speaker 10: two children to a bigger city. 156 00:09:17,720 --> 00:09:21,600 Speaker 5: That's where he met Diego at the bakery. Mario wasn't 157 00:09:21,640 --> 00:09:24,319 Speaker 5: earning much, just enough to build a small house out 158 00:09:24,320 --> 00:09:32,680 Speaker 5: of sheet metals. One night in early twenty eighteen, Mario 159 00:09:32,679 --> 00:09:36,319 Speaker 5: and his wife had a very serious conversation. They were 160 00:09:36,360 --> 00:09:39,720 Speaker 5: frustrated because heavy rains flooded their home and their kids 161 00:09:39,800 --> 00:09:40,679 Speaker 5: kept getting sick in. 162 00:09:40,640 --> 00:09:51,640 Speaker 9: The cold Lady me and sposas, so. 163 00:09:51,600 --> 00:09:54,200 Speaker 5: He asked his wife, could we ever live in a 164 00:09:54,240 --> 00:09:57,440 Speaker 5: better house? The only option they can think of at 165 00:09:57,440 --> 00:09:59,800 Speaker 5: the time was to seek work in the United States. 166 00:10:00,640 --> 00:10:03,120 Speaker 5: Mario knew a guy in a nearby town who recruited 167 00:10:03,120 --> 00:10:05,760 Speaker 5: men to legally work in the fields. He thought it 168 00:10:05,800 --> 00:10:08,679 Speaker 5: sounded like a good idea, so he tried to get 169 00:10:08,760 --> 00:10:09,640 Speaker 5: Diego interested. 170 00:10:11,280 --> 00:10:12,200 Speaker 2: Oh yeah, mera tengos. 171 00:10:12,240 --> 00:10:19,880 Speaker 3: The plan is kiro ji yai formase the ira combisa 172 00:10:20,400 --> 00:10:21,240 Speaker 3: contra talos. 173 00:10:21,600 --> 00:10:24,800 Speaker 5: Diego had never really thought about leaving Mexico. He had 174 00:10:24,840 --> 00:10:27,679 Speaker 5: a wife and a five year old daughter, but he 175 00:10:27,760 --> 00:10:29,440 Speaker 5: only made sixty dollars a week. 176 00:10:30,000 --> 00:10:31,960 Speaker 4: Although he really liked his job at the bakery. 177 00:10:32,920 --> 00:10:35,800 Speaker 5: Like Mario, Diego also dreamed of building his own house 178 00:10:35,800 --> 00:10:38,880 Speaker 5: one day and maybe even owning a bakery, so he 179 00:10:38,920 --> 00:10:44,480 Speaker 5: got on board with the idea the. 180 00:10:47,600 --> 00:10:50,520 Speaker 3: Campo. 181 00:10:51,160 --> 00:10:53,800 Speaker 5: The recruiter told them that men from rural areas did 182 00:10:53,840 --> 00:10:56,440 Speaker 5: well because they knew how to work the land. Both 183 00:10:56,480 --> 00:10:59,520 Speaker 5: Diego and Mario grew up harvesting coffee and corn, so 184 00:10:59,559 --> 00:11:03,280 Speaker 5: they checked that box, and like most HTAY workers, Diego 185 00:11:03,320 --> 00:11:07,520 Speaker 5: and Mario were also in the prime of their lives, young, fit, healthy. 186 00:11:08,200 --> 00:11:10,640 Speaker 5: They now just needed to get a Mexican passport, which 187 00:11:10,880 --> 00:11:12,079 Speaker 5: they had never done before. 188 00:11:12,480 --> 00:11:21,160 Speaker 3: Josovia Kenrato kJ Tempo de Travajo the ins almost para Mexico. 189 00:11:21,840 --> 00:11:24,120 Speaker 5: What appealed to them about this plan was that they 190 00:11:24,120 --> 00:11:26,640 Speaker 5: could come back home to Mexico. It was a six 191 00:11:26,679 --> 00:11:29,560 Speaker 5: month job, so they figured why not. But there was 192 00:11:29,600 --> 00:11:37,160 Speaker 5: one problem. Mario needed twenty five hundred dollars or thirty 193 00:11:37,200 --> 00:11:41,000 Speaker 5: thousand pesos, because the recruiter claimed these funds would quote 194 00:11:41,360 --> 00:11:44,240 Speaker 5: save their seats and put their name on a list. 195 00:11:45,040 --> 00:11:47,240 Speaker 5: And if twenty five hundred dollars sounds like a lot 196 00:11:47,280 --> 00:11:51,040 Speaker 5: of money to you, it's an inconceivable amount for someone 197 00:11:51,080 --> 00:11:56,040 Speaker 5: in rural Mexico. By the way, this fee is completely 198 00:11:56,520 --> 00:11:59,520 Speaker 5: illegal and not how the program is supposed to work 199 00:11:59,520 --> 00:12:02,280 Speaker 5: at all. But this I need money to save your 200 00:12:02,280 --> 00:12:08,800 Speaker 5: seat thing, it happens all the time. Diego and Mario 201 00:12:08,880 --> 00:12:11,960 Speaker 5: didn't know that what the recruiter was demanding was illegal. 202 00:12:12,760 --> 00:12:19,240 Speaker 3: Diebemana buscano aken' in pel. 203 00:12:20,480 --> 00:12:20,600 Speaker 1: So. 204 00:12:20,640 --> 00:12:24,800 Speaker 5: Mario spent a week trying to borrow twenty five hundred dollars. Finally, 205 00:12:24,840 --> 00:12:27,800 Speaker 5: some relatives loaned him the cash with interest. 206 00:12:27,840 --> 00:12:29,720 Speaker 4: Of course, same with Diego. 207 00:12:30,080 --> 00:12:33,360 Speaker 5: They both figured, once we get paid US dollars, we'll 208 00:12:33,440 --> 00:12:38,640 Speaker 5: quickly pay back the loans. They were set to leave 209 00:12:38,679 --> 00:12:42,199 Speaker 5: for a place they'd never even heard of before, North Carolina. 210 00:12:44,679 --> 00:12:47,160 Speaker 2: Is que. 211 00:12:49,280 --> 00:12:49,319 Speaker 11: Es. 212 00:12:51,160 --> 00:12:54,600 Speaker 5: This is Valaria, Diego's wife. That's not her real name. 213 00:12:54,960 --> 00:12:58,560 Speaker 5: We're also protecting her identity. She's petite and wears her 214 00:12:58,559 --> 00:13:00,320 Speaker 5: black hair pulled back in a pony tail. 215 00:13:00,920 --> 00:13:02,320 Speaker 4: She's almost always smiling. 216 00:13:03,000 --> 00:13:05,680 Speaker 5: She says that just days before Diego was about to 217 00:13:05,760 --> 00:13:10,559 Speaker 5: leave for the US, the month she started feeling sick. 218 00:13:10,920 --> 00:13:12,040 Speaker 5: So she goes to the doctor. 219 00:13:14,400 --> 00:13:17,120 Speaker 4: Nick Amasa, you go. 220 00:13:18,840 --> 00:13:20,600 Speaker 5: And the doctor tells her that she's pregnant. 221 00:13:20,880 --> 00:13:28,240 Speaker 4: Always guess they were conflicted. 222 00:13:29,160 --> 00:13:32,480 Speaker 5: Diego is headed to North Carolina to finally make good money, 223 00:13:32,840 --> 00:13:35,320 Speaker 5: the kind of money he needed more than ever now 224 00:13:35,360 --> 00:13:38,439 Speaker 5: that his family was expanding. But he didn't want to 225 00:13:38,480 --> 00:13:40,440 Speaker 5: leave Valeria pregnant and alone with their. 226 00:13:40,400 --> 00:13:46,200 Speaker 4: Daughter in Lelo per Puis contract. 227 00:13:47,600 --> 00:13:51,160 Speaker 5: Valeria told Diego they couldn't pass in on opportunity like this. 228 00:13:52,120 --> 00:13:54,160 Speaker 5: They were just going to have to push through the 229 00:13:54,320 --> 00:13:55,959 Speaker 5: next six months apart. 230 00:13:57,960 --> 00:14:04,520 Speaker 1: Around that time. In twenty eighteen, when Diego and Mattio 231 00:14:04,559 --> 00:14:06,959 Speaker 1: first entered the h to A program, there was a 232 00:14:07,240 --> 00:14:11,319 Speaker 1: historic growth taking place. Data shows that from twenty sixteen 233 00:14:11,360 --> 00:14:14,640 Speaker 1: to twenty nineteen, during the Trump presidency, the number of 234 00:14:14,880 --> 00:14:18,760 Speaker 1: h TOA visas spiked by forty five percent. This may 235 00:14:18,800 --> 00:14:22,040 Speaker 1: be in part because of Trump's immigration crackdown and workplace 236 00:14:22,160 --> 00:14:25,600 Speaker 1: rates that targeted undocumented workers. Employers turned to the h 237 00:14:25,680 --> 00:14:27,840 Speaker 1: to A program out of fear that their farms could 238 00:14:27,880 --> 00:14:31,600 Speaker 1: be raided. At a rally in twenty eighteen, Trump spoke 239 00:14:31,640 --> 00:14:35,680 Speaker 1: about protecting American jobs, and then he said that farmers 240 00:14:35,800 --> 00:14:37,160 Speaker 1: were going to get workers. 241 00:14:37,440 --> 00:14:38,480 Speaker 9: They're going to be guest workers. 242 00:14:38,480 --> 00:14:39,880 Speaker 11: They're going to come in, they're going to work on 243 00:14:39,960 --> 00:14:42,000 Speaker 11: your farms. We're gonna have a lot of things happening. 244 00:14:42,200 --> 00:14:44,040 Speaker 2: But then they have to go out. Then they have 245 00:14:44,160 --> 00:14:44,600 Speaker 2: to go out. 246 00:14:45,080 --> 00:14:47,560 Speaker 1: The crowd only cheered when they heard that the workers 247 00:14:47,720 --> 00:14:50,600 Speaker 1: would have to leave. It's kind of like, hey, we 248 00:14:50,760 --> 00:14:54,840 Speaker 1: want workers. We don't want families or parents or students. 249 00:14:54,960 --> 00:14:58,040 Speaker 1: We don't want them in our communities. We just want workers. 250 00:15:02,960 --> 00:15:06,000 Speaker 1: This disposable way of talking about migrant workers was not 251 00:15:06,240 --> 00:15:08,760 Speaker 1: just a Trump thing. It's kind of baked into how 252 00:15:08,800 --> 00:15:12,880 Speaker 1: the h TOA program has and continues to operate. According 253 00:15:12,920 --> 00:15:16,720 Speaker 1: to h TOA workers advocates and decades of data addressing 254 00:15:16,800 --> 00:15:21,160 Speaker 1: stolen wages, horrible living quarters, and dangerous working conditions, it's 255 00:15:21,280 --> 00:15:24,240 Speaker 1: just not a priority for the program. The real focus 256 00:15:24,480 --> 00:15:27,800 Speaker 1: is getting employers the workers they need, no matter the cost. 257 00:15:28,840 --> 00:15:32,800 Speaker 1: To illustrate just how much we rely on these temporary workers. 258 00:15:32,840 --> 00:15:36,200 Speaker 11: Thousands of people are self quarantining at home after they 259 00:15:36,280 --> 00:15:38,320 Speaker 11: may have come in contact with the coronaviruce. 260 00:15:38,360 --> 00:15:41,600 Speaker 6: Across the country, health officials are rapidly trying to ramp 261 00:15:41,680 --> 00:15:43,680 Speaker 6: up their testing and contain the spread. 262 00:15:44,520 --> 00:15:47,240 Speaker 1: When the pandemic hit in early twenty twenty, when the 263 00:15:47,400 --> 00:15:51,560 Speaker 1: United States closed its borders, there was one major exception. 264 00:15:52,440 --> 00:15:56,080 Speaker 1: The US not only continued issuing h TOWA visas, it 265 00:15:56,240 --> 00:15:58,840 Speaker 1: made the process of getting them easier. 266 00:16:00,040 --> 00:16:02,080 Speaker 11: They're going to come in and they're going to be 267 00:16:02,120 --> 00:16:04,440 Speaker 11: given a certain pass, and we're going to check them 268 00:16:04,560 --> 00:16:07,800 Speaker 11: very very closely, especially over the next month. I've given 269 00:16:07,840 --> 00:16:10,160 Speaker 11: the commitment to the farmers they're going to continue to come. 270 00:16:11,320 --> 00:16:15,400 Speaker 1: We couldn't eat without them. We still can't. It's been 271 00:16:15,560 --> 00:16:18,160 Speaker 1: like that for decades, Ever since the US needed to 272 00:16:18,240 --> 00:16:20,640 Speaker 1: address labor shortages during World War Two. 273 00:16:21,520 --> 00:16:23,640 Speaker 12: It isn't easy to find men willing to take on 274 00:16:23,840 --> 00:16:28,240 Speaker 12: such undesirable kinds of work. Understandably, then the American farm 275 00:16:28,360 --> 00:16:32,640 Speaker 12: labor supply falls short and is supplemented by Mexican citizens. 276 00:16:33,360 --> 00:16:36,440 Speaker 1: This has become the way of farming in the United States. 277 00:16:36,880 --> 00:16:40,120 Speaker 1: We've spoken with farmers, growers, and leaders in the agriculture 278 00:16:40,160 --> 00:16:43,640 Speaker 1: industry who say this is the only legal means they 279 00:16:43,760 --> 00:16:46,960 Speaker 1: have to secure the labor they need to harvest their fields. 280 00:16:47,480 --> 00:16:50,440 Speaker 7: I speak with growers around the country. They have had 281 00:16:50,480 --> 00:16:52,680 Speaker 7: to leave apples on the trees to rot because they 282 00:16:52,720 --> 00:16:54,440 Speaker 7: couldn't get enough workers to harvest them. 283 00:16:54,880 --> 00:16:58,160 Speaker 1: That's Jim Blair, president of the US Apple Association. 284 00:16:58,360 --> 00:17:03,120 Speaker 7: Using the h toa program. Even it's cumbersome and expensive 285 00:17:03,400 --> 00:17:06,760 Speaker 7: and difficult to navigate, they're willing to do it just 286 00:17:06,920 --> 00:17:11,240 Speaker 7: because of the certainty of knowing that their labor supply 287 00:17:11,680 --> 00:17:13,760 Speaker 7: is legal and it's not going to put the grower 288 00:17:14,000 --> 00:17:15,880 Speaker 7: in any kind of legal jeopardy. 289 00:17:19,840 --> 00:17:22,120 Speaker 1: Well, we know that there are many instances in which 290 00:17:22,200 --> 00:17:26,639 Speaker 1: workers and agricultural employers both benefit from these temporary visas. 291 00:17:27,080 --> 00:17:31,840 Speaker 1: Diego and Mario faced terrible conditions that are not that uncommon. 292 00:17:33,080 --> 00:17:35,000 Speaker 1: They were supposed to fall in line with those that 293 00:17:35,119 --> 00:17:37,920 Speaker 1: came before them. Keep your head down, do the work, 294 00:17:38,280 --> 00:17:52,320 Speaker 1: don't complain, but they didn't. After the break, we traveled 295 00:17:52,359 --> 00:17:55,200 Speaker 1: to the epicenter of this temporary visa program in Mexico 296 00:17:55,480 --> 00:17:58,040 Speaker 1: and learn about one of the most nefarious players in 297 00:17:58,119 --> 00:18:02,040 Speaker 1: the program. That's coming up next on Latino USA. Stay 298 00:18:02,080 --> 00:18:51,240 Speaker 1: with us. Hey, we're back. I'm Fernando Chavarri in for 299 00:18:51,400 --> 00:18:54,960 Speaker 1: Marino Josa. It was twenty eighteen when Diego and Mario 300 00:18:55,119 --> 00:18:57,120 Speaker 1: left their small town in Mexico to go to North 301 00:18:57,160 --> 00:19:00,959 Speaker 1: Carolina with their new guest worker visas. That year, there 302 00:19:01,000 --> 00:19:04,320 Speaker 1: were a record number of h TWA visas issued. This 303 00:19:04,520 --> 00:19:08,240 Speaker 1: is the only category of temporary work visas without a limit, 304 00:19:09,160 --> 00:19:11,359 Speaker 1: and there were hints of just how this program was 305 00:19:11,440 --> 00:19:14,560 Speaker 1: exploding when I was in Monterrey, also in the spring 306 00:19:14,600 --> 00:19:17,080 Speaker 1: of twenty eighteen, about a month before Theegu and Madio 307 00:19:17,119 --> 00:19:23,080 Speaker 1: were instructed by their recruiter to travel there. Monterrey is 308 00:19:23,119 --> 00:19:25,280 Speaker 1: about three hours south of the US border in the 309 00:19:25,359 --> 00:19:28,320 Speaker 1: state of New Boleons, which has the third largest economy 310 00:19:28,359 --> 00:19:31,919 Speaker 1: in Mexico. It is the hub for h to A visas. 311 00:19:32,160 --> 00:19:35,480 Speaker 1: The epicenter of the program. That's where workers usually go 312 00:19:35,720 --> 00:19:38,840 Speaker 1: to their appointments at the US consulate and then head north. 313 00:19:39,440 --> 00:19:40,280 Speaker 2: Those are workers. 314 00:19:40,600 --> 00:19:43,879 Speaker 1: We're just driving through this not very busy street, and 315 00:19:44,000 --> 00:19:48,879 Speaker 1: there are dozens and dozens and dozens of men, some 316 00:19:49,080 --> 00:19:53,240 Speaker 1: with suitcases, yes, just kind of hanging out outside of 317 00:19:53,280 --> 00:19:56,359 Speaker 1: a hotel and then on the street. Even though I 318 00:19:56,480 --> 00:20:00,800 Speaker 1: knew that every year thousands and thousands of temporary agricultural 319 00:20:00,880 --> 00:20:03,800 Speaker 1: workers traveled to the US, it was still shocking to 320 00:20:03,880 --> 00:20:07,760 Speaker 1: see it like this. That April in twenty eighteen, according 321 00:20:07,760 --> 00:20:10,720 Speaker 1: to the State Department, more than thirty two thousand, h 322 00:20:10,800 --> 00:20:13,479 Speaker 1: TWA visas were issued in Mexico, and most of them 323 00:20:13,520 --> 00:20:16,919 Speaker 1: were granted right here in Monterrey. That's about an average 324 00:20:16,920 --> 00:20:19,760 Speaker 1: of seven hundred and fifty workers getting a visa each 325 00:20:19,920 --> 00:20:23,239 Speaker 1: day during that month, and since then the program has 326 00:20:23,359 --> 00:20:27,000 Speaker 1: only gotten bigger. In April of last year, more than 327 00:20:27,080 --> 00:20:29,840 Speaker 1: forty two thousand of these visas were issued in Mexico. 328 00:20:30,280 --> 00:20:32,720 Speaker 1: That's about a thirty two percent increase from when I 329 00:20:32,920 --> 00:20:38,680 Speaker 1: was there four years prior. I walked to the plaza 330 00:20:38,800 --> 00:20:41,120 Speaker 1: where many of the workers gather after doing their morning 331 00:20:41,200 --> 00:20:45,680 Speaker 1: interviews with consulate officials. This is where they get their 332 00:20:45,800 --> 00:20:47,040 Speaker 1: prized visas. 333 00:20:46,680 --> 00:20:47,480 Speaker 4: From their recruiters. 334 00:20:48,000 --> 00:20:50,879 Speaker 1: The recruiters show up with these big plastic bins like 335 00:20:50,920 --> 00:20:53,359 Speaker 1: where you would store Christmas decorations, and they are just 336 00:20:53,600 --> 00:20:56,520 Speaker 1: packed with passports. They start pulling them out and calling 337 00:20:56,640 --> 00:21:00,119 Speaker 1: Kose Juan Luis, and the men just come up, have 338 00:21:00,200 --> 00:21:03,119 Speaker 1: their passports with the rolling suitcase in hand, and they 339 00:21:03,160 --> 00:21:05,600 Speaker 1: walk straight to one of the greyhound like buses that 340 00:21:05,680 --> 00:21:08,359 Speaker 1: are about to take them to the US. It happens 341 00:21:08,680 --> 00:21:12,000 Speaker 1: that quickly. Some of the first timers that I talked to, 342 00:21:12,359 --> 00:21:14,560 Speaker 1: I didn't even know where in the US they were going. 343 00:21:15,160 --> 00:21:18,119 Speaker 1: When I asked them where they were headache. They had 344 00:21:18,160 --> 00:21:20,560 Speaker 1: to pull out their passport and flip it over just 345 00:21:20,640 --> 00:21:23,440 Speaker 1: so they could read this text on this little white 346 00:21:23,520 --> 00:21:27,439 Speaker 1: sticker that said Oklahoma or Florida. Some of them were 347 00:21:27,560 --> 00:21:30,840 Speaker 1: clearly nebies because they were wearing skin tight jeans to 348 00:21:31,040 --> 00:21:35,400 Speaker 1: be on a bus ride for days. And while twenty 349 00:21:35,440 --> 00:21:38,600 Speaker 1: eighteen seems like a lifetime ago, some things remain the 350 00:21:38,640 --> 00:21:42,119 Speaker 1: same today. Monterrey is still the world's hub for H 351 00:21:42,200 --> 00:21:44,959 Speaker 1: two A workers, and the large majority of those workers 352 00:21:45,040 --> 00:21:48,920 Speaker 1: are still men from Mexico. But the pandemic did change 353 00:21:48,960 --> 00:21:49,520 Speaker 1: a few things. 354 00:21:49,960 --> 00:21:51,120 Speaker 4: There's a really. 355 00:21:51,160 --> 00:21:56,000 Speaker 8: Stark contrast between the scene in Monterey prean post. 356 00:21:56,080 --> 00:22:02,879 Speaker 1: COVID works with the biinational nonprofits Centro the Los re 357 00:22:03,000 --> 00:22:06,320 Speaker 1: Jos Miante or CDM, which in English would be centered 358 00:22:06,359 --> 00:22:09,159 Speaker 1: for migrants rights. She says that it's become a lot 359 00:22:09,280 --> 00:22:10,680 Speaker 1: harder to reach workers now. 360 00:22:11,200 --> 00:22:15,440 Speaker 8: Workers are no longer getting their fingerprints taken or their 361 00:22:15,520 --> 00:22:17,879 Speaker 8: photos taken up the government office. 362 00:22:18,440 --> 00:22:21,560 Speaker 1: For years, CDM had done know your Rights presentations to 363 00:22:21,640 --> 00:22:24,360 Speaker 1: workers near the plaza while they waited outside the US 364 00:22:24,440 --> 00:22:27,960 Speaker 1: government office where they got their photographs and fingerprints taken. 365 00:22:28,800 --> 00:22:31,040 Speaker 1: But now the workers don't have to go there because 366 00:22:31,080 --> 00:22:33,000 Speaker 1: the US has waived that requirement. 367 00:22:33,480 --> 00:22:34,240 Speaker 4: That means that we. 368 00:22:34,359 --> 00:22:36,920 Speaker 8: Needed to go to hotels to reach out to them. 369 00:22:37,280 --> 00:22:40,480 Speaker 1: And the US government didn't just stop requesting fingerprints and photos. 370 00:22:41,080 --> 00:22:44,720 Speaker 1: They also waived the in person interviews at consulates abroad. 371 00:22:45,320 --> 00:22:47,680 Speaker 1: Evi says that while this made sense at the start 372 00:22:47,720 --> 00:22:50,720 Speaker 1: of the pandemic three years ago, it makes no sense 373 00:22:50,920 --> 00:22:54,240 Speaker 1: to not have face to face interviews with consulate officials today. 374 00:22:54,560 --> 00:22:57,600 Speaker 8: Costular officers would awesome if they had paid fees or 375 00:22:57,800 --> 00:23:02,600 Speaker 8: face of the recruitment abuse. This means that there are 376 00:23:02,800 --> 00:23:05,600 Speaker 8: hundreds of thousands of workers who are traveling to the US, 377 00:23:05,880 --> 00:23:08,920 Speaker 8: many of them for the first time, don't know what 378 00:23:09,040 --> 00:23:09,719 Speaker 8: their rights are. 379 00:23:10,520 --> 00:23:13,560 Speaker 1: According to CDM, fewer than ten percent of the workers 380 00:23:13,600 --> 00:23:16,720 Speaker 1: are doing in person visa interviews right now, something that's 381 00:23:16,840 --> 00:23:21,280 Speaker 1: incredibly unusual for the US immigration system. And this void 382 00:23:21,359 --> 00:23:24,639 Speaker 1: of information from government officials leaves room for recruiters to 383 00:23:24,800 --> 00:23:26,280 Speaker 1: take advantage of workers. 384 00:23:26,800 --> 00:23:31,960 Speaker 8: The US government's EASTOP requirements to make it easier for 385 00:23:32,040 --> 00:23:36,200 Speaker 8: employers and recruiters to hire workers, but they didn't increase 386 00:23:36,320 --> 00:23:39,399 Speaker 8: protections or workers. They did it at the expense of 387 00:23:39,480 --> 00:23:41,639 Speaker 8: workers were putting their lives on the line. 388 00:23:44,600 --> 00:23:46,760 Speaker 1: We asked a State Department official at the consulate in 389 00:23:46,840 --> 00:23:49,639 Speaker 1: Monterey for the percentage of workers who are getting in 390 00:23:49,760 --> 00:23:52,880 Speaker 1: person interviews, but he wouldn't tell us. He would only 391 00:23:52,960 --> 00:23:55,880 Speaker 1: say that the workers are quote coming in every day 392 00:23:55,920 --> 00:24:01,200 Speaker 1: for interviews based on quote certain criteria. Mexico and Central America, 393 00:24:01,440 --> 00:24:04,520 Speaker 1: like in the US, the pandemic brought massive unemployment, so 394 00:24:04,680 --> 00:24:08,119 Speaker 1: an already desperate population of workers became even more so, 395 00:24:09,280 --> 00:24:13,000 Speaker 1: and that resulted in recruiters charging even higher fees. 396 00:24:13,960 --> 00:24:15,560 Speaker 4: So let's talk about those recruiters. 397 00:24:18,800 --> 00:24:22,119 Speaker 1: Recruiters are a critical part of the system because they 398 00:24:22,200 --> 00:24:26,200 Speaker 1: hold so much power, they basically get to say who 399 00:24:26,400 --> 00:24:28,440 Speaker 1: gets to apply for a visa and who does it. 400 00:24:29,720 --> 00:24:32,159 Speaker 1: I remember in twenty eighteen, my sources warned me to 401 00:24:32,200 --> 00:24:35,439 Speaker 1: be careful when I went to Monterrey because recruiters don't 402 00:24:35,560 --> 00:24:38,800 Speaker 1: like to see anyone asking their workers' questions. I mean, 403 00:24:38,840 --> 00:24:42,640 Speaker 1: are from Minos's visas, even without a presid or any 404 00:24:42,680 --> 00:24:45,600 Speaker 1: of my recording equipment. When I, a five foot tall 405 00:24:45,680 --> 00:24:49,120 Speaker 1: Mexican woman, casually approached a group of workers, they didn't 406 00:24:49,160 --> 00:24:51,600 Speaker 1: want to talk to me. When some of them did, 407 00:24:51,760 --> 00:24:54,080 Speaker 1: they told me everything was great and that they didn't 408 00:24:54,119 --> 00:24:58,520 Speaker 1: pay a recruiter for anything. Essentially that mentality I was 409 00:24:58,560 --> 00:25:01,000 Speaker 1: talking about, of put your head down, do the work 410 00:25:01,080 --> 00:25:05,199 Speaker 1: and don't complain. It starts here in Mexico, far from 411 00:25:05,320 --> 00:25:13,320 Speaker 1: US farms and away from US government's oversight. And Diego 412 00:25:13,359 --> 00:25:16,240 Speaker 1: and Mario, the best friends from rural Mexico, they saw 413 00:25:16,320 --> 00:25:17,040 Speaker 1: this firsthand. 414 00:25:17,760 --> 00:25:20,720 Speaker 5: Diego said that back in twenty eighteen, they were in 415 00:25:20,760 --> 00:25:23,800 Speaker 5: a hotel in Monterey with the recruiter and about three 416 00:25:23,920 --> 00:25:24,880 Speaker 5: hundred other workers. 417 00:25:25,560 --> 00:25:29,280 Speaker 3: Uno de los patrone jego a ya Monterrey Esperanos in 418 00:25:29,359 --> 00:25:31,879 Speaker 3: a hotel Paraos casi. 419 00:25:32,440 --> 00:25:34,119 Speaker 2: They said, nosbro copeno. 420 00:25:36,160 --> 00:25:36,760 Speaker 1: S S. S. 421 00:25:37,880 --> 00:25:41,879 Speaker 5: Diego calls him the boss. He was Mexican American, about 422 00:25:41,920 --> 00:25:44,919 Speaker 5: thirty years old and had sort of a makeshift office 423 00:25:44,920 --> 00:25:47,520 Speaker 5: set up in the hotel. He called all the men 424 00:25:47,600 --> 00:25:49,840 Speaker 5: to a meeting and told them not to worry, that 425 00:25:49,960 --> 00:25:51,520 Speaker 5: he was going to make sure that they got a 426 00:25:51,600 --> 00:25:55,120 Speaker 5: work contract with a US farm. But the recruiter also 427 00:25:55,240 --> 00:25:57,359 Speaker 5: said something that was unsettling to. 428 00:25:57,400 --> 00:25:59,720 Speaker 2: Diego, Miss Monosier. 429 00:26:03,760 --> 00:26:05,120 Speaker 4: As they prepare to go to their. 430 00:26:05,080 --> 00:26:08,880 Speaker 5: Interviews at the US Consulate, the recruiter instructs the group 431 00:26:09,440 --> 00:26:11,919 Speaker 5: not to tell US officials that they had given him 432 00:26:11,920 --> 00:26:13,320 Speaker 5: any money, to say that. 433 00:26:13,359 --> 00:26:14,920 Speaker 4: They hadn't paid him a fee. 434 00:26:16,720 --> 00:26:16,880 Speaker 10: Que. 435 00:26:23,359 --> 00:26:26,960 Speaker 5: Diego says that's when the real fear kicked in. He 436 00:26:27,160 --> 00:26:30,239 Speaker 5: was nervous, so he did what the recruiter told him. 437 00:26:30,840 --> 00:26:33,800 Speaker 2: He lavisa. 438 00:26:34,960 --> 00:26:37,960 Speaker 5: During the interview at the US Consulate, Diego was asked 439 00:26:38,040 --> 00:26:39,960 Speaker 5: if it was his first time coming to the US. 440 00:26:40,560 --> 00:26:43,159 Speaker 5: He answered yes. He was then asked if he had 441 00:26:43,200 --> 00:26:49,160 Speaker 5: ever crossed the border without authorization. He answered no, both true. Finally, 442 00:26:49,560 --> 00:26:51,080 Speaker 5: he was asked if he paid for the H two 443 00:26:51,119 --> 00:26:53,080 Speaker 5: A visa as instructed. 444 00:26:53,480 --> 00:26:54,119 Speaker 4: He answered no. 445 00:26:57,240 --> 00:27:00,240 Speaker 5: Later that day, Diego and Mario got their visa. Says 446 00:27:01,119 --> 00:27:03,040 Speaker 5: they felt a huge sense of relief. 447 00:27:04,400 --> 00:27:06,760 Speaker 2: Know them those gen. 448 00:27:08,280 --> 00:27:11,160 Speaker 3: Canzilmentar, kipps Algusta Aman. 449 00:27:12,280 --> 00:27:13,280 Speaker 4: Everything seemed legit. 450 00:27:13,400 --> 00:27:16,680 Speaker 5: Diego says he was about to start legally working in 451 00:27:16,720 --> 00:27:19,880 Speaker 5: the US as part of a government program. It would 452 00:27:19,920 --> 00:27:23,760 Speaker 5: have never occurred to him to even think that things 453 00:27:23,800 --> 00:27:26,600 Speaker 5: would be so bad that he and Mario would have 454 00:27:26,720 --> 00:27:27,240 Speaker 5: to escape. 455 00:27:36,400 --> 00:27:38,639 Speaker 1: A core issue with the H two A program is 456 00:27:38,720 --> 00:27:41,480 Speaker 1: the lack of oversight in general, but especially when it 457 00:27:41,520 --> 00:27:45,080 Speaker 1: comes to recruiters. There is no public database of recruiters, 458 00:27:45,119 --> 00:27:48,080 Speaker 1: and recruiters don't have to register with any government agency, 459 00:27:48,280 --> 00:27:49,399 Speaker 1: not in Mexico and not. 460 00:27:49,480 --> 00:27:50,000 Speaker 4: In the US. 461 00:27:50,760 --> 00:27:55,440 Speaker 1: This is how it usually goes. Farmers in the US 462 00:27:55,640 --> 00:28:00,439 Speaker 1: get labor contractors, often Mexican nationals, who hire recruiters in Mexico. 463 00:28:00,880 --> 00:28:04,440 Speaker 1: Advocates warned that this process ends up preventing farmers from 464 00:28:04,480 --> 00:28:07,960 Speaker 1: facing direct liability in case of wrongdoing during the recruitment 465 00:28:08,040 --> 00:28:10,720 Speaker 1: process in Mexico, because the employers here in the US 466 00:28:10,840 --> 00:28:13,640 Speaker 1: can say, well, I hired a third party to get 467 00:28:13,680 --> 00:28:22,480 Speaker 1: me the workers. I didn't do anything wrong. So on 468 00:28:22,560 --> 00:28:26,000 Speaker 1: the recruitment side, it all seems very informal. Even though 469 00:28:26,119 --> 00:28:29,439 Speaker 1: all US employers are required to sign a statement from 470 00:28:29,480 --> 00:28:33,760 Speaker 1: the US Department of Labor acknowledging that recruiter fees are prohibited. 471 00:28:35,200 --> 00:28:39,880 Speaker 1: This lack of transparency and accountability leaves workers extremely vulnerable 472 00:28:40,160 --> 00:28:44,400 Speaker 1: to abuse. In twenty eighteen, Diego and Madiu's recruitment fees 473 00:28:44,520 --> 00:28:47,960 Speaker 1: of twenty five hundred dollars were considered outrageous, but we 474 00:28:48,080 --> 00:28:50,960 Speaker 1: discovered that there are recent cases in which workers have 475 00:28:51,080 --> 00:28:54,640 Speaker 1: paid up to six thousand dollars in illegal recruitment fees. 476 00:28:56,120 --> 00:28:58,840 Speaker 1: The State Department official in Monterrey's consulate told us that 477 00:28:58,920 --> 00:29:01,959 Speaker 1: the illegal recruitment fees they hear about most frequently are 478 00:29:02,000 --> 00:29:04,360 Speaker 1: about two thousand dollars, but they can go up to 479 00:29:04,480 --> 00:29:07,280 Speaker 1: five and that there are these other extreme cases of 480 00:29:07,360 --> 00:29:11,240 Speaker 1: fraud when a recruiter takes money from someone and there's 481 00:29:11,320 --> 00:29:14,440 Speaker 1: actually no age to a job for them. The State 482 00:29:14,520 --> 00:29:17,080 Speaker 1: Department said they've heard of people losing as much as 483 00:29:17,200 --> 00:29:22,200 Speaker 1: eight thousand dollars as part of these elaborate schemes. And 484 00:29:22,320 --> 00:29:25,840 Speaker 1: to make matters worse, there's, of course the internet. 485 00:29:30,080 --> 00:29:31,800 Speaker 4: SPECIALIFA and RAT. 486 00:29:33,760 --> 00:29:35,960 Speaker 1: While I was reporting in Monterey, I came across this 487 00:29:36,120 --> 00:29:40,800 Speaker 1: video from a Facebook profile called Cervisius Migratorius USA Migratory 488 00:29:40,880 --> 00:29:45,520 Speaker 1: Services USA a page that advertises visa processing services. It 489 00:29:45,640 --> 00:29:48,120 Speaker 1: says that they can get people who have been deported 490 00:29:48,240 --> 00:29:52,160 Speaker 1: a pardon and a temporary worker visa, which is impossible 491 00:29:52,200 --> 00:29:54,880 Speaker 1: because one of the requirements for people to get h 492 00:29:54,960 --> 00:29:56,480 Speaker 1: to a visas is to not have been in the 493 00:29:56,600 --> 00:29:59,760 Speaker 1: US illegally. The woman in this video sounds like a 494 00:30:00,000 --> 00:30:03,000 Speaker 1: computer generated voice with an accent from Spain. 495 00:30:04,320 --> 00:30:04,640 Speaker 2: Books. 496 00:30:05,040 --> 00:30:08,720 Speaker 1: The page advertised visa fairs in different cities across Mexico. 497 00:30:09,200 --> 00:30:11,400 Speaker 1: One of them was in a hotel in the northern 498 00:30:11,480 --> 00:30:14,720 Speaker 1: city of Durango. So we called the hotel to ask 499 00:30:15,600 --> 00:30:16,200 Speaker 1: ol I want to. 500 00:30:16,200 --> 00:30:19,600 Speaker 4: Start this Estoria mandover in Casalon. 501 00:30:20,320 --> 00:30:22,240 Speaker 1: The man at the front desk who answered the phone 502 00:30:22,320 --> 00:30:25,600 Speaker 1: told us, oh, miss, you're like the sixth person that's 503 00:30:25,680 --> 00:30:28,880 Speaker 1: called asking about this, but nothing is booked here. We 504 00:30:28,960 --> 00:30:31,080 Speaker 1: don't even have a conference room in this hotel where 505 00:30:31,120 --> 00:30:33,960 Speaker 1: this could happen. He also told us that he had 506 00:30:34,000 --> 00:30:37,880 Speaker 1: gotten a call from someone inquiring about possibly setting up 507 00:30:37,880 --> 00:30:40,280 Speaker 1: a table in the lobby, but the hotel told them no. 508 00:30:41,320 --> 00:30:44,240 Speaker 1: So naturally we sent someone to check out this quote 509 00:30:44,320 --> 00:30:47,000 Speaker 1: unquote visa fair, and it turns out that it was 510 00:30:47,200 --> 00:30:49,440 Speaker 1: just two women sitting in the hotel restaurant with a 511 00:30:49,480 --> 00:30:53,200 Speaker 1: laptop collecting five hundred pisos about twenty five dollars from 512 00:30:53,240 --> 00:31:01,920 Speaker 1: the people who had made appointments via Facebook, and today 513 00:31:02,120 --> 00:31:05,200 Speaker 1: that Facebook page isn't active, but we found others like it. 514 00:31:05,760 --> 00:31:08,800 Speaker 1: And Ibipena with the Migrant rights group CDM told us 515 00:31:08,840 --> 00:31:11,760 Speaker 1: that since the pandemic, the amount of scams in fraud 516 00:31:11,800 --> 00:31:15,360 Speaker 1: taking place online is worse than she's ever seen. Some 517 00:31:15,520 --> 00:31:18,200 Speaker 1: advocates say that creating a bi national framework for their 518 00:31:18,240 --> 00:31:22,600 Speaker 1: recruitment process is necessary, otherwise you end up with scams, 519 00:31:22,720 --> 00:31:28,000 Speaker 1: false promises, labor trafficking threats. Meanwhile, Mexico and the US 520 00:31:28,240 --> 00:31:32,200 Speaker 1: keep throwing the hot potato around. Mexico says, oh, it's 521 00:31:32,240 --> 00:31:35,200 Speaker 1: a US company doing this in Mexico, so Mexico has 522 00:31:35,240 --> 00:31:38,640 Speaker 1: no responsibility, or the US says, well, this is happening 523 00:31:38,800 --> 00:31:41,480 Speaker 1: in Mexico, so there's no place for us to investigate. 524 00:31:43,360 --> 00:31:46,200 Speaker 1: It's important to note that there are big recruitment agencies 525 00:31:46,320 --> 00:31:50,400 Speaker 1: used by farmers and growers that are legitimate businesses. They're 526 00:31:50,480 --> 00:31:53,280 Speaker 1: hired by US companies and they don't charge illegal fees 527 00:31:53,360 --> 00:31:55,600 Speaker 1: to the workers because they make their money from the 528 00:31:55,760 --> 00:32:00,360 Speaker 1: US companies that hire them. It's also worth mention that 529 00:32:00,400 --> 00:32:02,600 Speaker 1: I've met with Mexican officials at a couple of state 530 00:32:02,640 --> 00:32:06,640 Speaker 1: government agencies who are trying to educate communities about visa 531 00:32:06,720 --> 00:32:09,160 Speaker 1: fraud so that they don't fall victims and end up 532 00:32:09,200 --> 00:32:12,640 Speaker 1: in debt. But that's simply not enough. As one official 533 00:32:12,680 --> 00:32:16,440 Speaker 1: told me, they're constantly playing catch up. These bad apples 534 00:32:16,440 --> 00:32:20,640 Speaker 1: are popping up everywhere, and this is especially troubling because 535 00:32:20,640 --> 00:32:24,160 Speaker 1: the program's rapid growth means that there are more opportunities 536 00:32:24,320 --> 00:32:26,600 Speaker 1: for fragilent companies to scam. 537 00:32:26,440 --> 00:32:31,160 Speaker 9: Workers see quent Taos. 538 00:32:31,760 --> 00:32:34,320 Speaker 1: Before I left Monterey, I stopped by a small shelter 539 00:32:34,520 --> 00:32:37,120 Speaker 1: not far from the main plaza. This was a place 540 00:32:37,160 --> 00:32:39,440 Speaker 1: where men who ran out of money could go while 541 00:32:39,480 --> 00:32:44,479 Speaker 1: they waited for their visas. I talked to workers who 542 00:32:44,520 --> 00:32:46,800 Speaker 1: were doing this for the third or fourth time. They 543 00:32:46,880 --> 00:32:49,000 Speaker 1: seem to know what they were getting into. Two of 544 00:32:49,080 --> 00:32:51,200 Speaker 1: them told me that they made thirteen dollars an hour 545 00:32:51,240 --> 00:32:54,320 Speaker 1: in Louisiana and that it was good money even after taxes, 546 00:32:54,680 --> 00:33:01,200 Speaker 1: but leaving their families was extremely painful. Will Then, as 547 00:33:01,240 --> 00:33:03,520 Speaker 1: I was walking out, a soft spoken man said he 548 00:33:03,600 --> 00:33:04,880 Speaker 1: wanted to be interviewed. 549 00:33:10,200 --> 00:33:10,600 Speaker 4: Garcia. 550 00:33:11,320 --> 00:33:13,600 Speaker 1: Omar, like the other two men I talked about the shelter, 551 00:33:13,880 --> 00:33:16,680 Speaker 1: had gone to his interview at the US Consulate that morning, 552 00:33:21,360 --> 00:33:24,400 Speaker 1: but they denied his visa because he admitted that he 553 00:33:24,480 --> 00:33:27,760 Speaker 1: had previously lived in the US without status is to 554 00:33:27,920 --> 00:33:35,320 Speaker 1: be That's something that disqualifies you from this program. And 555 00:33:35,440 --> 00:33:38,800 Speaker 1: the recruiter should have known this information, but he still 556 00:33:38,880 --> 00:33:42,440 Speaker 1: told Omar to travel to Monterey. This is yet another 557 00:33:42,520 --> 00:33:46,240 Speaker 1: way that recruiters scam people by setting them up to 558 00:33:46,320 --> 00:33:47,800 Speaker 1: fail and taking their money. 559 00:33:50,360 --> 00:33:52,760 Speaker 2: It's the from Castigo. 560 00:33:53,200 --> 00:33:53,480 Speaker 5: Okay. 561 00:33:53,640 --> 00:33:57,960 Speaker 1: Then Omar was devastated to be stuck in Monterey, far 562 00:33:58,040 --> 00:34:00,280 Speaker 1: away from home, with the money he had saved, then 563 00:34:00,320 --> 00:34:05,520 Speaker 1: borrowed gone. But what said in him was not that 564 00:34:05,600 --> 00:34:07,800 Speaker 1: he didn't get to go to the US. It was 565 00:34:07,880 --> 00:34:11,880 Speaker 1: that there aren't real opportunities here in such a beautiful country, 566 00:34:11,960 --> 00:34:41,080 Speaker 1: he says. Coming up on Latino, USA, we continued Diego 567 00:34:41,120 --> 00:34:43,960 Speaker 1: and Mario's journey as they arrived in the nightmare that 568 00:34:44,120 --> 00:34:44,960 Speaker 1: was North Carolina. 569 00:34:45,360 --> 00:34:46,960 Speaker 6: I mean, if I were Diego Mario, I don't know 570 00:34:47,160 --> 00:34:48,799 Speaker 6: what I would have done. I think that they had 571 00:34:48,880 --> 00:34:51,320 Speaker 6: kind of they were pretty desperate. 572 00:34:52,560 --> 00:34:54,640 Speaker 1: That's after the break stay with us. 573 00:35:40,760 --> 00:35:41,399 Speaker 4: Hey, we're back. 574 00:35:41,640 --> 00:35:45,319 Speaker 1: I'm Fernande Chavarri in for Mari, Nojosa and Tina. I'd 575 00:35:45,480 --> 00:35:47,040 Speaker 1: like for you to take us back to Diego and 576 00:35:47,120 --> 00:35:47,760 Speaker 1: Mario story. 577 00:35:48,800 --> 00:35:51,680 Speaker 5: It's twenty eighteen and Diego and Mario are headed to 578 00:35:51,760 --> 00:35:55,120 Speaker 5: their first official jobs as h two A workers. Getting 579 00:35:55,160 --> 00:35:57,880 Speaker 5: there takes almost two days, and they're traveling on a 580 00:35:58,000 --> 00:36:02,040 Speaker 5: cramped bus that takes them from to North Carolina. All 581 00:36:02,120 --> 00:36:04,320 Speaker 5: they know at this point is that they've been promised 582 00:36:04,400 --> 00:36:07,520 Speaker 5: well paying jobs and room and board, But soon after 583 00:36:07,600 --> 00:36:12,759 Speaker 5: they arrive, things start to fall apart. Before their new 584 00:36:12,800 --> 00:36:15,439 Speaker 5: employer takes them and other workers to the labor camp, 585 00:36:15,880 --> 00:36:19,799 Speaker 5: there's this sort of unexpected off site meeting. 586 00:36:20,120 --> 00:36:21,840 Speaker 7: In No. 587 00:36:24,800 --> 00:36:28,680 Speaker 2: Si Ali and uh kias caparse kera imposile. 588 00:36:30,000 --> 00:36:34,400 Speaker 5: The bosses very clearly threatened Diego, Mario and the hundreds 589 00:36:34,400 --> 00:36:38,080 Speaker 5: of other workers there. If you dare leave this job, 590 00:36:38,400 --> 00:36:41,200 Speaker 5: we will inform immigration authorities and they will come to 591 00:36:41,280 --> 00:36:42,680 Speaker 5: get you wherever you are. 592 00:36:43,920 --> 00:36:49,440 Speaker 3: Thenmos marel talondo the substam rambozostamos. 593 00:36:50,120 --> 00:36:52,600 Speaker 5: Right then and there, workers were required to sign a 594 00:36:52,719 --> 00:36:56,719 Speaker 5: document falsely confirming that the employer reimbursed them the money 595 00:36:56,760 --> 00:36:59,920 Speaker 5: they spent for their visa and travel expenses from Monterrey 596 00:37:00,080 --> 00:37:05,960 Speaker 5: to North Carolina. This is illegal, of course, the H 597 00:37:06,040 --> 00:37:09,720 Speaker 5: two A program's rules are very clear. The employer pays 598 00:37:09,880 --> 00:37:14,200 Speaker 5: for all costs, including travel, visas and housing in the US. 599 00:37:16,719 --> 00:37:19,160 Speaker 5: Later that day, when Diego and Mario arrived at the 600 00:37:19,200 --> 00:37:21,480 Speaker 5: labor camp, things got even worse. 601 00:37:23,960 --> 00:37:32,240 Speaker 2: They said, well, come see nice to Nakasa. Nice in Nagasa. 602 00:37:32,440 --> 00:37:34,840 Speaker 5: Diego still remembers the house they were going to live in, 603 00:37:35,360 --> 00:37:40,200 Speaker 5: abandoned and filthy with dirty mattresses. His first impulse was 604 00:37:40,280 --> 00:37:41,400 Speaker 5: to take pictures with his. 605 00:37:41,440 --> 00:37:42,239 Speaker 4: Cell phone. 606 00:37:44,000 --> 00:37:45,160 Speaker 2: Personas and. 607 00:37:47,120 --> 00:37:50,200 Speaker 5: The house was already occupied by forty other workers. When 608 00:37:50,239 --> 00:37:53,520 Speaker 5: Diego and Mario arrived. There was no hot water, the 609 00:37:53,600 --> 00:37:56,440 Speaker 5: bathrooms didn't have any doors, and there was a bucket 610 00:37:56,520 --> 00:38:00,359 Speaker 5: in the shower. The fridge was the only working aplacellance 611 00:38:00,400 --> 00:38:06,279 Speaker 5: in the house, just one fridge for forty men. If 612 00:38:06,320 --> 00:38:09,000 Speaker 5: the awful labor camp wasn't enough for Diego and Mario, 613 00:38:09,560 --> 00:38:12,800 Speaker 5: there was also the issue of food. Someone from the 614 00:38:12,920 --> 00:38:15,719 Speaker 5: farm took the workers to the grocery store, but it 615 00:38:15,840 --> 00:38:20,239 Speaker 5: only happened twice in eight days. Diego and Mario bought 616 00:38:20,440 --> 00:38:23,680 Speaker 5: ingredients to make ham and cheese, sandwiches. But after that 617 00:38:24,080 --> 00:38:27,040 Speaker 5: they were basically out of money that they borrowed in Mexico. 618 00:38:29,080 --> 00:38:32,200 Speaker 4: And Mexico, and they weren't alone. 619 00:38:33,000 --> 00:38:35,200 Speaker 5: Some workers at the camp pulled their money together to 620 00:38:35,239 --> 00:38:39,560 Speaker 5: buy food they were starving. Others walked the main road 621 00:38:39,640 --> 00:38:43,120 Speaker 5: near the camp, stopping cars and offering to work in 622 00:38:43,200 --> 00:38:52,120 Speaker 5: exchange for food. And there was even this one time 623 00:38:52,400 --> 00:38:55,480 Speaker 5: when food vendors arrived in the labor camp with freshly 624 00:38:55,560 --> 00:38:59,120 Speaker 5: made towards us. Diego and Mario thought they were finally 625 00:38:59,200 --> 00:39:01,520 Speaker 5: going to eat a warm meal, but the food was 626 00:39:01,600 --> 00:39:05,840 Speaker 5: for sale and they had no money, And then they 627 00:39:05,960 --> 00:39:07,840 Speaker 5: realized that there was not a lot of work to do. 628 00:39:11,239 --> 00:39:14,239 Speaker 5: The whole point of being in North Carolina was to work. 629 00:39:14,680 --> 00:39:17,320 Speaker 5: But Diego and Mario heard from men who arrived before 630 00:39:17,400 --> 00:39:19,440 Speaker 5: them that they hadn't even worked. 631 00:39:19,239 --> 00:39:20,040 Speaker 4: In two weeks. 632 00:39:21,040 --> 00:39:25,880 Speaker 2: Dijonas Manos, manas Ajos, p. 633 00:39:31,080 --> 00:39:34,000 Speaker 5: Ian and Masi, the recruiter in Mexico, had assured Diego 634 00:39:34,040 --> 00:39:36,600 Speaker 5: and Mario that they would receive an hourly wage. 635 00:39:37,400 --> 00:39:38,399 Speaker 4: This was another lie. 636 00:39:39,040 --> 00:39:41,719 Speaker 5: Once at the farm in North Carolina, they were told 637 00:39:41,760 --> 00:39:44,480 Speaker 5: they'd be paid by the volume of blueberries they picked. 638 00:39:48,560 --> 00:39:51,200 Speaker 5: A full bucket of fruit was worth two dollars and 639 00:39:51,320 --> 00:39:54,800 Speaker 5: fifty cents illegal, but who's counting. 640 00:39:56,400 --> 00:39:58,280 Speaker 4: Adding to all of this chaos. 641 00:39:58,360 --> 00:40:01,040 Speaker 5: The blueberries they were there to pick weren't even ready 642 00:40:01,080 --> 00:40:04,439 Speaker 5: to be harvested, so it was impossible to make money. 643 00:40:04,600 --> 00:40:05,400 Speaker 1: Ye go on. 644 00:40:08,480 --> 00:40:11,000 Speaker 5: After a long day of work that started at five am, 645 00:40:11,480 --> 00:40:15,480 Speaker 5: Diego earned ten dollars. In four days, he made around 646 00:40:15,560 --> 00:40:18,440 Speaker 5: forty five dollars less than what he made at the 647 00:40:18,480 --> 00:40:19,080 Speaker 5: bakery at. 648 00:40:19,000 --> 00:40:23,080 Speaker 4: Home if there was time. 649 00:40:23,160 --> 00:40:26,239 Speaker 5: The workers spent standing around waiting for work that was 650 00:40:26,280 --> 00:40:28,680 Speaker 5: supposed to be compensable time. They were supposed to get 651 00:40:28,719 --> 00:40:33,160 Speaker 5: paid for that, but that didn't happen. And remember, Diego 652 00:40:33,200 --> 00:40:38,720 Speaker 5: and Mario went into debt for this job. When Mario 653 00:40:38,840 --> 00:40:41,319 Speaker 5: told his wife about all of this, she said there 654 00:40:41,440 --> 00:40:42,239 Speaker 5: wasn't much that they. 655 00:40:42,200 --> 00:40:46,800 Speaker 3: Could Doosa loke sam obibian. 656 00:40:46,920 --> 00:40:50,120 Speaker 5: She basically resigned herself to the idea that Mario had 657 00:40:50,160 --> 00:40:52,359 Speaker 5: to endure all of this because they were poor. 658 00:40:52,920 --> 00:40:54,680 Speaker 2: Book is almost Both Diego and. 659 00:40:54,760 --> 00:40:58,280 Speaker 5: Mario were furious, and they were also starting to get desperate, 660 00:40:59,000 --> 00:41:01,080 Speaker 5: so they called the recruit were back in Mexico to 661 00:41:01,160 --> 00:41:04,040 Speaker 5: ask what was going on. The recruiter explained that they 662 00:41:04,080 --> 00:41:06,920 Speaker 5: were promised hourly wages because that was the only way 663 00:41:07,040 --> 00:41:12,759 Speaker 5: the US Consulate would approve their visas. Reality was really 664 00:41:12,880 --> 00:41:16,040 Speaker 5: starting to set in. Now they had thousands of dollars 665 00:41:16,120 --> 00:41:18,640 Speaker 5: to pay back, and it was clear that they weren't 666 00:41:18,680 --> 00:41:20,360 Speaker 5: going to make the wages they were promised. 667 00:41:21,200 --> 00:41:23,160 Speaker 4: They started to regret everything. 668 00:41:24,320 --> 00:41:26,360 Speaker 2: Do you guys say, come on? 669 00:41:31,800 --> 00:41:34,840 Speaker 5: Diego says that even though they never had much in Mexico, 670 00:41:35,560 --> 00:41:39,080 Speaker 5: this this was the first time they were going hungry. 671 00:41:47,800 --> 00:41:48,719 Speaker 2: And i'll, i'll. 672 00:41:51,560 --> 00:41:53,120 Speaker 4: They felt like prisoners and. 673 00:41:53,160 --> 00:41:55,040 Speaker 5: If they didn't do what they were told to do, 674 00:41:55,760 --> 00:41:58,839 Speaker 5: the bosses threatened to take away their passports to keep 675 00:41:58,880 --> 00:42:01,680 Speaker 5: them from running away like other workers in other camps. 676 00:42:02,360 --> 00:42:11,080 Speaker 9: Lo this is most Dama. 677 00:42:19,000 --> 00:42:22,000 Speaker 5: Five years later, it's still hard for Diego and Mario 678 00:42:22,160 --> 00:42:25,960 Speaker 5: to bring up these memories. How could this have happened 679 00:42:25,960 --> 00:42:28,840 Speaker 5: to them under a US government program? 680 00:42:30,480 --> 00:42:33,520 Speaker 6: Okay, so we got gash, I gave you the receipt right. 681 00:42:33,800 --> 00:42:33,960 Speaker 2: Yes. 682 00:42:36,760 --> 00:42:40,040 Speaker 5: It's October fifth, twenty twenty two, and I'm an Aaron 683 00:42:40,120 --> 00:42:44,000 Speaker 5: Jacobson's car about to leave Raleigh. Aaron Jacobson is a 684 00:42:44,080 --> 00:42:47,520 Speaker 5: supervising attorney for Legal Aid of North Carolina's farm Worker Unit, 685 00:42:48,000 --> 00:42:50,160 Speaker 5: and he's also one of Diego and Mario's lawyers. 686 00:42:50,480 --> 00:42:54,160 Speaker 6: There's there's some camps down like in far southeast. 687 00:42:53,640 --> 00:42:55,799 Speaker 5: That are like, probably he's driving us to get as 688 00:42:55,880 --> 00:42:58,320 Speaker 5: close as we can to the labor camp where Diego 689 00:42:58,400 --> 00:43:02,400 Speaker 5: and Mario escaped. Aaron doesn't really fit the stereotype of 690 00:43:02,480 --> 00:43:05,320 Speaker 5: what an attorney looks like. He has a long beard 691 00:43:05,520 --> 00:43:08,320 Speaker 5: and long gray hair that he ties back. He was 692 00:43:08,360 --> 00:43:12,239 Speaker 5: a farm worker organizer before becoming a lawyer. Aaron was 693 00:43:12,360 --> 00:43:16,040 Speaker 5: instrumental in Diego on Mario's escape. He still remembers the 694 00:43:16,160 --> 00:43:17,960 Speaker 5: day he first learned what was going on at the 695 00:43:18,040 --> 00:43:19,840 Speaker 5: labor camp. In May of twenty eighteen. 696 00:43:19,920 --> 00:43:21,359 Speaker 6: We can get a call for a worker. We got 697 00:43:21,400 --> 00:43:23,920 Speaker 6: a call from a sister organization that said you need 698 00:43:23,960 --> 00:43:26,359 Speaker 6: to get out of his labor camp, like and soon. 699 00:43:27,040 --> 00:43:29,040 Speaker 6: The report we got from them was that there were 700 00:43:29,120 --> 00:43:31,759 Speaker 6: farm workers walking the streets begging to work for food. 701 00:43:32,080 --> 00:43:34,680 Speaker 6: And we were like, like, what. 702 00:43:36,200 --> 00:43:38,680 Speaker 5: Those were Diego and Mario's co workers who had begged 703 00:43:38,680 --> 00:43:41,600 Speaker 5: for food. So Aaron and his team drove out there. 704 00:43:42,640 --> 00:43:45,520 Speaker 5: Employers don't allow farm worker advocates like him to talk 705 00:43:45,560 --> 00:43:48,160 Speaker 5: to workers in the fields, so he goes to their 706 00:43:48,200 --> 00:43:49,600 Speaker 5: housing and so. 707 00:43:49,600 --> 00:43:53,319 Speaker 6: A lot of times we'll learn about abuses, but very often, 708 00:43:53,400 --> 00:43:57,400 Speaker 6: workers still will not want to take any action because 709 00:43:58,680 --> 00:44:01,320 Speaker 6: I think they're just doing like a call benefit analysis 710 00:44:01,320 --> 00:44:03,360 Speaker 6: in their heads, and like, you know, I could report this, 711 00:44:04,000 --> 00:44:08,839 Speaker 6: but then I could get fired. I get fired. That's 712 00:44:08,880 --> 00:44:09,960 Speaker 6: going to be a hardship. 713 00:44:11,440 --> 00:44:14,320 Speaker 5: And this is where the power imbalance between employer and 714 00:44:14,440 --> 00:44:18,040 Speaker 5: worker gets even worse. If you get fired and don't 715 00:44:18,080 --> 00:44:22,879 Speaker 5: leave the country immediately, you would become undocumented. So what's 716 00:44:22,920 --> 00:44:26,160 Speaker 5: to stop an employer from retaliating against you by calling ice. 717 00:44:27,520 --> 00:44:30,040 Speaker 5: Aaron is used to farm workers not wanting to speak up, 718 00:44:30,680 --> 00:44:33,799 Speaker 5: and that's how it was at the blueberry farm. As 719 00:44:33,880 --> 00:44:36,359 Speaker 5: he told the workers how the program was supposed to work, 720 00:44:37,080 --> 00:44:41,400 Speaker 5: no response. Mario remembers, no one wanted to say anything. 721 00:44:47,760 --> 00:44:50,560 Speaker 6: So then Mario's got up in the middle of the room. 722 00:44:51,200 --> 00:44:52,960 Speaker 6: He said, I'm probably getting in trouble for saying this, 723 00:44:53,160 --> 00:44:56,319 Speaker 6: but that's not what's going on here, and that's kind 724 00:44:56,360 --> 00:45:01,320 Speaker 6: of like almost unheard of, and so I remember, I 725 00:45:01,600 --> 00:45:03,000 Speaker 6: leave it. I bet we're going to get a call 726 00:45:03,040 --> 00:45:03,399 Speaker 6: from him. 727 00:45:04,280 --> 00:45:07,280 Speaker 5: Diego and Mario scheduled an in person meeting with Aaron, 728 00:45:07,920 --> 00:45:09,759 Speaker 5: but it was going to be difficult to pull off 729 00:45:09,880 --> 00:45:13,400 Speaker 5: because they were always being watched. So They said they 730 00:45:13,440 --> 00:45:15,400 Speaker 5: were going to go out and buy some food, and 731 00:45:15,480 --> 00:45:17,960 Speaker 5: that's when they met up with Aaron. They were still 732 00:45:18,120 --> 00:45:21,480 Speaker 5: a little unsure about him, could they really trust him. 733 00:45:22,600 --> 00:45:24,480 Speaker 5: It was only when they were sitting with Aaron in 734 00:45:24,560 --> 00:45:27,080 Speaker 5: a truck stop by the side of the road that 735 00:45:27,200 --> 00:45:32,000 Speaker 5: Diego and Mario began to fully understand this massive illegal 736 00:45:32,200 --> 00:45:38,720 Speaker 5: scheme they'd been funneled into. In reality, Mario and Diego 737 00:45:39,040 --> 00:45:42,719 Speaker 5: had been trafficked. They were brought to the US through deception. 738 00:45:43,080 --> 00:45:46,080 Speaker 5: The fees were illegal, They were lied to about their contracts. 739 00:45:46,120 --> 00:45:48,960 Speaker 5: They were forced to as sign documents that falsely stated 740 00:45:49,000 --> 00:45:53,240 Speaker 5: the employer had reimbursed them for fees, hotel, transportation, and food. 741 00:45:54,000 --> 00:45:56,880 Speaker 5: The conditions they were housed in were legal. Being paid 742 00:45:56,920 --> 00:45:59,920 Speaker 5: a severely low wage by the buck instead of hourly 743 00:46:00,480 --> 00:46:05,160 Speaker 5: also illegal. Aaron explained that they had a strong case 744 00:46:05,560 --> 00:46:08,040 Speaker 5: and that they could sue their employer for labor trafficking, 745 00:46:08,760 --> 00:46:10,720 Speaker 5: but first they had to escape. 746 00:46:12,280 --> 00:46:14,440 Speaker 6: I said, look, right now, she might be eligible for 747 00:46:14,640 --> 00:46:18,040 Speaker 6: immigration remedy based on the labor trafficking you've survived. However, 748 00:46:18,520 --> 00:46:20,400 Speaker 6: if you want to pursue that remedy, you have to 749 00:46:20,440 --> 00:46:24,279 Speaker 6: stay in the country, So it takes you know more 750 00:46:24,320 --> 00:46:24,680 Speaker 6: than a year. 751 00:46:25,080 --> 00:46:27,840 Speaker 5: That's the real crux of the problem with this program. 752 00:46:28,320 --> 00:46:32,839 Speaker 5: Even though they were fling starvation, labor trafficking and everything else, 753 00:46:33,520 --> 00:46:36,080 Speaker 5: it was Mario and Diego who had the most to lose, 754 00:46:36,600 --> 00:46:42,000 Speaker 5: not the employer, not the recruiter, the victims. They could 755 00:46:42,040 --> 00:46:45,080 Speaker 5: apply for a visa for victims of trafficking, but they'd 756 00:46:45,160 --> 00:46:47,640 Speaker 5: have to wait in the US without any legal status. 757 00:46:48,160 --> 00:46:51,399 Speaker 5: So forget about working and providing for their families back home, 758 00:46:52,280 --> 00:46:56,760 Speaker 5: forget about meeting your newborn. Despite the risks and the heartbreak, 759 00:46:57,600 --> 00:46:58,680 Speaker 5: they decided to do it. 760 00:47:08,800 --> 00:47:10,400 Speaker 6: I mean, if I were Diego Mario, I don't know 761 00:47:10,680 --> 00:47:12,319 Speaker 6: what I would have done. I think that they had 762 00:47:12,400 --> 00:47:14,840 Speaker 6: kind of they were pretty desperate. 763 00:47:15,960 --> 00:47:19,440 Speaker 5: Aaron knew that if Diego and Mario stayed around for 764 00:47:19,480 --> 00:47:23,160 Speaker 5: another day and waited until payday, that they could prove 765 00:47:23,360 --> 00:47:26,800 Speaker 5: wage theft on top of everything else that happened, and 766 00:47:26,960 --> 00:47:28,239 Speaker 5: that they'd have a stronger case. 767 00:47:29,040 --> 00:47:31,480 Speaker 4: So the evening after payday. 768 00:47:31,840 --> 00:47:34,920 Speaker 6: Diego was like, what's happened to me? Like at eleven 769 00:47:35,000 --> 00:47:38,800 Speaker 6: pm Saturday night. He was kind of like the evidence 770 00:47:38,880 --> 00:47:41,480 Speaker 6: collector of the group, So he had got everyone's pay 771 00:47:41,520 --> 00:47:45,040 Speaker 6: stubs and took photos. 772 00:47:47,000 --> 00:47:49,759 Speaker 5: That night Diego and Mario walked down the dirt path 773 00:47:49,960 --> 00:47:52,719 Speaker 5: out to the main road. An advocate who worked with 774 00:47:52,800 --> 00:47:57,200 Speaker 5: Aaron picked them up. They'd only been in the US 775 00:47:57,280 --> 00:48:11,359 Speaker 5: for eight days and their lives were totally derailed. Being 776 00:48:11,440 --> 00:48:14,600 Speaker 5: there now, all these years later, I tried to imagine 777 00:48:14,640 --> 00:48:18,280 Speaker 5: what it was like for them. I feel like anxiety 778 00:48:18,360 --> 00:48:20,360 Speaker 5: in my chest, Like I'm really worried that somebody is 779 00:48:20,400 --> 00:48:22,080 Speaker 5: going to come out of one of these trailers and be. 780 00:48:22,680 --> 00:48:24,200 Speaker 4: Like, what are you doing kind of thing. 781 00:48:24,600 --> 00:48:27,000 Speaker 5: I mean, this is the South, after all, a lot 782 00:48:27,040 --> 00:48:30,080 Speaker 5: of people have guns and they don't really take kindly 783 00:48:30,160 --> 00:48:32,200 Speaker 5: to strangers trespassing on their property. 784 00:48:33,360 --> 00:48:34,279 Speaker 4: After two weeks at. 785 00:48:34,239 --> 00:48:37,839 Speaker 5: The Blueberry farm, Mario and Diego escaped the labor camp 786 00:48:37,960 --> 00:48:41,439 Speaker 5: around midnight in May of twenty eighteen, and they didn't 787 00:48:41,440 --> 00:48:43,560 Speaker 5: even know the name of the North Carolina town that 788 00:48:43,640 --> 00:48:47,600 Speaker 5: they were in. We're getting close to the labor camp 789 00:48:47,680 --> 00:48:49,319 Speaker 5: where Diego and Mario were kept. 790 00:48:50,200 --> 00:48:51,400 Speaker 6: I think this is okay. 791 00:48:52,239 --> 00:48:54,160 Speaker 1: This is busier than I thought. 792 00:48:54,280 --> 00:48:56,360 Speaker 5: Like there's stuff closer than I thought there would be. 793 00:48:57,560 --> 00:49:01,239 Speaker 6: Yeah, yeah, there's a lot of little houses. Yeah, I 794 00:49:01,280 --> 00:49:03,440 Speaker 6: guess there's no like stores really nearby. 795 00:49:03,880 --> 00:49:06,360 Speaker 4: This is the road that workers were walking on asking 796 00:49:06,440 --> 00:49:06,839 Speaker 4: for food. 797 00:49:07,040 --> 00:49:07,960 Speaker 6: I think that's great. 798 00:49:09,000 --> 00:49:11,560 Speaker 4: Damn. The main road is very busy. 799 00:49:12,040 --> 00:49:15,640 Speaker 5: Cars whiz by constantly, and right around where we stop 800 00:49:15,800 --> 00:49:17,880 Speaker 5: we can see a church and an elementary school in 801 00:49:17,920 --> 00:49:20,800 Speaker 5: the distance. But Diego and Mario were housed in a 802 00:49:20,880 --> 00:49:25,879 Speaker 5: remote area off this main road. Standing there, I knew 803 00:49:25,920 --> 00:49:28,640 Speaker 5: that I would never think of labor trafficking the same Again, 804 00:49:29,520 --> 00:49:33,920 Speaker 5: this was all happening right in our backyards. Aaron advised 805 00:49:34,000 --> 00:49:36,080 Speaker 5: us not to get much closer to the labor camp. 806 00:49:36,600 --> 00:49:39,920 Speaker 5: We couldn't even access it by car, so we decided 807 00:49:39,960 --> 00:49:40,279 Speaker 5: to leave. 808 00:49:46,800 --> 00:49:49,360 Speaker 1: Diego and Mario are just two of the thousands of 809 00:49:49,400 --> 00:49:51,880 Speaker 1: workers who fall victim to abuse and fraud in the 810 00:49:52,040 --> 00:49:55,520 Speaker 1: H twoa program every year. Remember just last year, more 811 00:49:55,560 --> 00:49:59,160 Speaker 1: than a quarter million workers came here this way, expected 812 00:49:59,200 --> 00:50:01,640 Speaker 1: to put their heads down, do the work, and not. 813 00:50:01,719 --> 00:50:07,400 Speaker 3: Complain the Formacon Coles Public. 814 00:50:08,920 --> 00:50:11,359 Speaker 1: Dico says there's a need for government officials in both 815 00:50:11,400 --> 00:50:15,319 Speaker 1: countries to use social media, the radio, TV, any means 816 00:50:15,440 --> 00:50:19,160 Speaker 1: necessary to educate folks about their rights. If they did that, 817 00:50:19,320 --> 00:50:23,040 Speaker 1: he says, maybe there'd be less abuse. While there are 818 00:50:23,160 --> 00:50:26,400 Speaker 1: government officials who oversee the program, and there are avenues 819 00:50:26,440 --> 00:50:29,680 Speaker 1: to report abuses. It is far from enough, and we're 820 00:50:29,719 --> 00:50:31,480 Speaker 1: going to get to all of that in the next episode. 821 00:50:32,640 --> 00:50:37,600 Speaker 6: There's a pretty glaring disparity between the program on paper 822 00:50:37,719 --> 00:50:39,040 Speaker 6: and what happens in practice. 823 00:50:39,640 --> 00:50:43,080 Speaker 5: Aaron says recently he's gotten more calls about stories like 824 00:50:43,160 --> 00:50:44,160 Speaker 5: Diego and Mario's. 825 00:50:44,520 --> 00:50:47,160 Speaker 6: It's kind of alarming. We're hearing more accounts that are 826 00:50:47,239 --> 00:50:52,759 Speaker 6: very similar to that, involving password confiscation, threats of deportation. 827 00:50:52,800 --> 00:50:55,360 Speaker 5: Threats like the ones Diego and Mario received from the 828 00:50:55,480 --> 00:50:57,640 Speaker 5: recruiter even after they escaped. 829 00:50:58,480 --> 00:51:03,920 Speaker 3: Then Darle mazin Neto in tempos Perian been tissing Camil 830 00:51:04,000 --> 00:51:06,800 Speaker 3: Pesos mass but Nilo. 831 00:51:08,880 --> 00:51:13,120 Speaker 5: They were threatened twice. First, right after they escaped, the 832 00:51:13,239 --> 00:51:16,360 Speaker 5: recruiter demanded that they pay thirteen hundred dollars as a 833 00:51:16,480 --> 00:51:22,000 Speaker 5: quote penalty fee. Diego and Mario refused, and then months 834 00:51:22,080 --> 00:51:25,880 Speaker 5: later the recruiter popped back up again, this time threatening 835 00:51:25,920 --> 00:51:28,960 Speaker 5: to hurt Mario's wife. In part, that's why we're not 836 00:51:29,120 --> 00:51:32,440 Speaker 5: revealing more details about their identities and why we're not 837 00:51:32,520 --> 00:51:36,040 Speaker 5: saying the name of the recruiter. It's been almost five 838 00:51:36,120 --> 00:51:40,160 Speaker 5: years since Mario and Diego escaped from North Carolina, Mario 839 00:51:40,239 --> 00:51:42,960 Speaker 5: says he'd rather not think about it. It's best to 840 00:51:43,000 --> 00:51:45,120 Speaker 5: put the bad memories of what happened behind. 841 00:51:44,920 --> 00:51:57,680 Speaker 3: Himlo Algo Tristeno, Algo Triste is Sally Mosasi Coriendo is Capando. 842 00:51:58,480 --> 00:52:01,600 Speaker 5: Diego and Mario, with help from Aaron, brought a lawsuit 843 00:52:01,640 --> 00:52:04,840 Speaker 5: against their former employers and the recruiter, which was settled 844 00:52:04,920 --> 00:52:08,000 Speaker 5: last year. As a result, they each got paid a 845 00:52:08,080 --> 00:52:11,399 Speaker 5: little over ten thousand dollars. Of course, they used part 846 00:52:11,400 --> 00:52:14,279 Speaker 5: of this money to pay back their loans. They're still 847 00:52:14,320 --> 00:52:17,680 Speaker 5: in the US and they still work together now it's 848 00:52:17,719 --> 00:52:18,480 Speaker 5: at a restaurant. 849 00:52:19,680 --> 00:52:22,879 Speaker 1: All the evidence Diego collected helped the workers win their case. 850 00:52:23,560 --> 00:52:25,680 Speaker 1: He says he knew that those pictures would come in 851 00:52:25,800 --> 00:52:29,680 Speaker 1: handy in Diego and Marius case. Both the recruiter and 852 00:52:29,840 --> 00:52:33,640 Speaker 1: the employer were included in the lawsuit. In twenty twenty one, 853 00:52:33,760 --> 00:52:36,600 Speaker 1: the h to a labor contractor was debarred for two 854 00:52:36,760 --> 00:52:40,040 Speaker 1: years from participating in the program, but Aaron says that 855 00:52:40,200 --> 00:52:43,399 Speaker 1: the contractor was active in the program during that time 856 00:52:44,320 --> 00:52:46,880 Speaker 1: and in our reporting we found another lawsuit against the 857 00:52:47,000 --> 00:52:50,719 Speaker 1: same labor contractor, and it was filed a month before 858 00:52:50,760 --> 00:52:52,080 Speaker 1: Diego and Marius. 859 00:52:53,960 --> 00:53:11,280 Speaker 3: Allah heloila. Thank cousin. M Le Miko, let Miko. 860 00:53:11,840 --> 00:53:13,840 Speaker 1: It's a hot and humid afternoon in the summer of 861 00:53:13,920 --> 00:53:17,560 Speaker 1: twenty twenty two. Diego sitting on a park bench surrounded 862 00:53:17,600 --> 00:53:20,320 Speaker 1: by luscious trees. He's on a video call with his 863 00:53:20,480 --> 00:53:32,399 Speaker 1: wife and young child, No No Sali. No, Diego's son 864 00:53:32,560 --> 00:53:36,040 Speaker 1: was born in late twenty eighteen, about six months after 865 00:53:36,120 --> 00:53:37,520 Speaker 1: he escaped from the labor camp. 866 00:53:39,320 --> 00:53:40,200 Speaker 4: They've never met. 867 00:53:41,080 --> 00:53:42,640 Speaker 1: They've had to bond over the phone. 868 00:53:43,160 --> 00:53:52,400 Speaker 3: Mayako the ghetto, Bye, Mayaka, Mucho mu Mucho. 869 00:53:53,719 --> 00:53:54,640 Speaker 11: My my. 870 00:54:00,480 --> 00:54:03,800 Speaker 1: Diego and Mario have been granted special immigrant visas for 871 00:54:03,960 --> 00:54:07,279 Speaker 1: victims of trafficking. That means that they should now be 872 00:54:07,360 --> 00:54:12,080 Speaker 1: able to legally bring their families to the US. Diego 873 00:54:12,320 --> 00:54:14,240 Speaker 1: can finally meet his little. 874 00:54:14,120 --> 00:54:17,319 Speaker 4: Boy, hug him for the first time. 875 00:54:29,640 --> 00:54:33,080 Speaker 1: Coming up on episode two of head Down, we bring 876 00:54:33,160 --> 00:54:35,880 Speaker 1: you the results of our investigation into how millions of 877 00:54:36,000 --> 00:54:39,000 Speaker 1: dollars in stolen wages owed to farm workers end up 878 00:54:39,040 --> 00:54:41,320 Speaker 1: in the hands of a US federal agency. 879 00:54:41,640 --> 00:54:43,000 Speaker 5: When starts. 880 00:54:48,719 --> 00:54:51,360 Speaker 1: An announcement that the US promises to pay back that 881 00:54:51,480 --> 00:54:55,680 Speaker 1: money with the help from Mexican authorities, they. 882 00:54:55,640 --> 00:55:01,440 Speaker 5: Come up Rotejimos alos Achos travadors. 883 00:55:00,960 --> 00:55:03,600 Speaker 1: A big promise, especially in a program known for its 884 00:55:03,640 --> 00:55:10,160 Speaker 1: inefficiency and wage theft. You'll also meet two brothers who 885 00:55:10,280 --> 00:55:16,680 Speaker 1: protested in Washington State after a fellow H two A 886 00:55:16,800 --> 00:55:20,680 Speaker 1: farm worker died. We'll look back at the racist history 887 00:55:20,840 --> 00:55:22,480 Speaker 1: behind temporary foreign. 888 00:55:22,239 --> 00:55:26,120 Speaker 12: Labor, Why bring in foreigners to work on our farms 889 00:55:26,280 --> 00:55:27,000 Speaker 12: makes no sense? 890 00:55:27,960 --> 00:55:31,560 Speaker 1: And ask how can the H two A program be fixed? 891 00:55:51,000 --> 00:55:54,080 Speaker 1: Head Down is an original production by Fututo Investigates in 892 00:55:54,160 --> 00:55:58,279 Speaker 1: collaboration with Latino USA and Prism. I'm Fernande Chavarri in 893 00:55:58,440 --> 00:56:01,279 Speaker 1: for our host and executive producer Marin j Josa. This 894 00:56:01,400 --> 00:56:05,120 Speaker 1: episode was reported and produced by Patricia Suvaran, Tina Basquez, 895 00:56:05,200 --> 00:56:08,520 Speaker 1: and Me, with assistance from Rosanna Aguire. It was edited 896 00:56:08,560 --> 00:56:12,040 Speaker 1: by Andrea Lopez Cruzado and Ni Penilee Ramirez is the 897 00:56:12,120 --> 00:56:16,960 Speaker 1: executive producer of Futuro Investigates. Music and scoring by Jacob Rossadi, 898 00:56:17,360 --> 00:56:20,520 Speaker 1: fact checking by Amy Tardiff. This episode was mixed by 899 00:56:20,600 --> 00:56:23,959 Speaker 1: Julia Caruso and gabriel A Bias. Nancy Rujillo and Raoul 900 00:56:24,000 --> 00:56:28,120 Speaker 1: Perez are Futuro Investigates project managers. Reporting was made possible 901 00:56:28,200 --> 00:56:31,440 Speaker 1: with support from the w K. Kellogg Foundation, the McGraw 902 00:56:31,520 --> 00:56:35,000 Speaker 1: Center for Business Journalism, the Craig Newmark Graduate School of 903 00:56:35,080 --> 00:56:38,480 Speaker 1: Journalism at the City University of New York, the TAO Foundation, 904 00:56:38,880 --> 00:56:42,120 Speaker 1: and Michelle Mercer and Bruce Golden. Early support for this 905 00:56:42,280 --> 00:56:45,839 Speaker 1: reporting came from the Howard G. Buffett Foundation. Special thanks 906 00:56:45,880 --> 00:56:50,960 Speaker 1: to Avram Basquez, Sophia Sanchez, Elizabeth Lowenthal, Torres, Nina Alvarez, 907 00:56:51,360 --> 00:56:53,759 Speaker 1: Diane Silvester, and the farm workers. 908 00:56:53,480 --> 00:56:54,759 Speaker 4: Who shared their stories with us. 909 00:56:55,160 --> 00:56:59,080 Speaker 1: The Ratino USA team also includes Deacy Contreras, Mike Sargent, 910 00:56:59,200 --> 00:57:03,520 Speaker 1: Marta Martinez, Victoria Strada, and Renaldo Lanos Junior. Our editorial 911 00:57:03,600 --> 00:57:07,800 Speaker 1: director is Fernande Santos. Our engineering team also includes Stephanie 912 00:57:07,880 --> 00:57:11,520 Speaker 1: Leveau and JJ Carubin. Our marketing manager is Luis Luna. 913 00:57:11,719 --> 00:57:15,080 Speaker 1: Our theme music was composed by Senia Rubinos. For more, 914 00:57:15,280 --> 00:57:18,720 Speaker 1: visit Futuro Investigates dot org and Prison Reports dot org. 915 00:57:19,160 --> 00:57:21,240 Speaker 1: Join us again next time, and in the meantime, you 916 00:57:21,320 --> 00:57:22,680 Speaker 1: can find us on social media. 917 00:57:23,000 --> 00:57:31,920 Speaker 4: Shao Latino USA is made possible in part by W. K. 918 00:57:32,240 --> 00:57:37,200 Speaker 4: Kellogg Foundation, a partner with Communities where Children Come First, 919 00:57:37,640 --> 00:57:41,160 Speaker 4: the TAU Foundation, and Michelle Mercer and Bruce Golden.