Suit Points to Guest Worker Program Flaws

Suit Points to Guest Worker Program Flaws:

By JULIA PRESTON

Published: February 1, 2010

Immigration authorities worked closely with a marine oil-rig company in Mississippi to discourage protests by temporary guest workers from India over their job conditions, including advising managers to send some workers back to India, according to new testimony in a federal lawsuit against the company, Signal International.

The cooperation between the company and federal immigration agents is recounted in sworn depositions by Signal managers who were involved when tensions in its shipyard in Pascagoula, Miss., erupted into a public clash in March 2007.

Since then, hundreds of the Indian workers have brought a civil rights lawsuit against the company, claiming they were victims of human trafficking and labor abuse. Signal International is fighting the suit and has sued American and Indian recruiters who contracted with the workers in India. The company claims the recruiters misled it — and the workers — about the terms of the work visas that brought them to this country.

The Departments of Justice and Homeland Security have opened separate investigations. The federal Equal Employment Opportunity Commission determined in September that there was “reasonable causeâ€

[quote]Mr. Hale said ICE agents were generally aware that a company that fires workers in the H-2B program “is prohibited from compelling individuals to get on the plane.â€

The guest workers program sounds like a trap for lawsuits, and a slick way to remain in the Country, if employers cannot maintain control over the guest workers and have them deported if they do not follow program rules.