http://www.sunherald.com/mld/sunherald/ ... 205608.htm

Posted on Fri, Nov. 18, 2005

Civil rights leaders say Hispanic immigrants going unpaid for Katrina work

KRISTEN GELINEAU

Associated Press


GULFPORT, Miss. - The leader of the nation's largest Hispanic civil rights group traveled to Gulfport Friday to investigate claims that immigrant workers are living in squalid conditions and being cheated out of wages while working in the hurricane-ravaged region.

Janet Murguia, president and CEO of the National Council of La Raza, and leaders of the Mississippi Immigrant Rights Alliance visited tent cities where some Hispanic workers have taken shelter since arriving to work along the coast.

After Hurricane Katrina hit, many of the workers traveled to Mississippi amid rumors that high-paying construction jobs were available. Most are supporting families back in their native countries or home states.

But often, the workers say, their bosses disappear before they are paid. Other workers say they wait for someone in a complicated web of contractors to pay up. But in many cases, the paycheck never comes - or arrives smaller than promised.

"There's been no accountability with those contractors and with those who have engaged these workers in very difficult work that has gone to the heart of rebuilding this region," Murguia said.

Nonpayment of wages is a violation of federal labor law, but most of the workers don't know their rights, and can't afford to hire attorneys to help them. Mississippi doesn't have a labor department, and nonpayment is not specified as a crime under state law. The Department of Employment Security defers wage claims to the federal Department of Labor.

With no money, many of the workers have crowded into tent cities that have become increasingly uncomfortable since a recent cold snap settled over the region.

"I think there'd be a lot of folks shocked to see these kinds of conditions," Murguia said as she stood in the middle of a Lyman tent city that is now home to dozens of Hispanic workers. "This is consistent with third world country situations. We live in the United States of America and it seems like we ought to have basic standards, basic human rights."

Wilfredo Espinal, a 33-year-old construction worker who lives in the tent city, moved to Miami nine months ago to earn enough money to support his six-year-old twin girls back in Honduras. Two weeks ago, he traveled to Mississippi after hearing he could earn up to $20 an hour as a construction worker.

Now, like many of his colleagues, he is regretting his decision.

Friday morning, he said he worked for four hours building a roof for a new home. But before he could collect his paycheck, his boss vanished, he said.

"It's terrible," he said in Spanish through a translator, as he flashed a photograph of his daughters that he carries in his wallet. "I came here with one objective - to establish myself economically ... and then to get back home."

State Rep. Jim Evans, D-Jackson, later joined both groups at Pass Road Baptist Church in Gulfport, which is serving as a hurricane relief center. Jackson said the mistreatment of immigrant workers in Mississippi is nothing new.

"We had immigrations problems ... before Katrina," he said. "Katrina just magnified it."

Evans said he plans to appeal to the Attorney General to enforce state laws already on the books, which he said can be used to crack down on unfair labor practices. He believes those who don't pay the workers can be prosecuted on the basis of fraud, for hiring someone under false pretenses.

Three immigrant workers who joined the leaders at the church all said they've been cheated out of wages.

Jose Navarro, 51, came to Mississippi to earn money for his two young daughters back in Houston, where he emigrated from Mexico 30 years ago.

He worked in Biloxi for a month for a Mobile, Ala.,-based roofing company, but was never paid the more than $16,000 he earned, he said.

"We came here to work and fix Mississippi and also to support our families - we need to get paid for what we work," Navarro said in Spanish through a translator. "We have families we have to feed and it's not right."