http://www.gainesville.com/apps/pbcs.dl ... /602130966

By DENISE KALETTE
Associated Press Writer


February 13. 2006 6:48PM

A coalition of Florida farmworkers has sued the Federal Emergency Management Agency, challenging the government's refusal to help undocumented farmworkers affected by hurricanes with housing and other assistance, because of their immigration status.

Many farmworkers who were unable to receive U.S. government help after their housing was destroyed were forced to live in cars and other dangerous situations, while trailers intended for emergency housing were not used, according to the lawsuit.

"We're not going to speak about litigation. I don't want to comment on anything in relation to this case. That's for the courts," FEMA spokeswoman Debbie Wing said Monday in a telephone interview from Washington.

The workers were denied short-term disaster housing during the hurricane seasons of 2004 and 2005, including relocation to mobile homes or hotels, because they did not meet the government's definition of "qualified alien," the lawsuit filed in U.S. District Court said.

In the lawsuit, the Coalition of Florida Farmworker Organizations and the Farmworker Association of Florida said that federal law exempts short-term non-cash emergency disaster relief from restrictions based on immigration status.

Emergency aid from the government would have mitigated the disastrous effect of the storms, including Hurricane Wilma, on farmworker communities, according to the lawsuit, which asked the court to review FEMA's actions in withholding or delaying relief to undocumented farmworkers.

The hurricanes of 2004 and 2005 destroyed much of the housing used by farmworkers and the rural poor, the lawsuit said, but alternative housing was not provided by the government.

In one case, FEMA brought 92 trailers to a location after the 2004 hurricanes destroyed a mobile home park occupied by farmworkers, but more than 40 of the trailers were left unoccupied because of restrictions on their use by undocumented immigrations, according to the lawsuit.

The lawsuit also named FEMA Director David Paulison, as a defendant. It asked for a permanent injunction restraining FEMA from denying emergency assistance to undocumented farmworkers and a judgment that the policy violates current federal law.

In 2005 alone, four Florida hurricanes - Dennis, Katrina, Rita and Wilma - caused $7.5 billion in insured damage and were blamed for 63 deaths in the state.

Forecasters have said that hurricane seasons will be more active than usual for at least another decade.