In 2017, Jose Martin Pas Flores suffered a broken leg after falling from a ladder while he was working on drywall.
Injuries like these are all too common in the construction sector, where workers face significant risks, including both fatal and non-fatal incidents. However, what happened to Flores after his injury is rather unusual.
His employers lacked the necessary insurance to cover employee healthcare costs, which is supposed to be standard practice. Following his injury, Flores visited their office to collect some cash for medical expenses but was subsequently arrested by Boston police and ICE agents, all while his two-year-old son watched.
Amidst growing protests in Los Angeles, the Trump administration has intensified efforts to target workplaces across the nation. This has led to heightened fears about deportation affecting vulnerable workers.
During the announcement of these initiatives, Tom Homan, often referred to as the “Border Czar,” indicated that one consequence of such efforts is that undocumented workers may be less likely to report unsafe working conditions or violations of wage laws.
Many undocumented workers, like Flores, find themselves in some of the most hazardous job sectors. There are estimates of over a million undocumented laborers working in construction alone, along with substantial numbers in high-risk industries such as agriculture, manufacturing, and transportation.
Research indicates that migrant workers are especially vulnerable to workplace hazards, facing everything from injuries and chemical exposures to the risk of fatalities. Moreover, undocumented workers are at risk of wage theft, which compounds their vulnerabilities.
Even though they work in these risky environments, the fear of deportation often keeps undocumented workers from taking advantage of workplace protections and rights.
The Occupational Safety and Health Administration (OSHA) holds that all workers, irrespective of immigration status, deserve a safe workplace. Employers are obligated to ensure an environment free from recognized hazards that could lead to severe injuries or fatalities. Interestingly, undocumented workers can also claim workers’ compensation benefits in most jurisdictions.
However, fear of retaliation looms large, deterring undocumented workers from asserting their rights and seeking safe working conditions. As deportation threats grow, these essential workers may find themselves pushed further into the shadows, aggravating ongoing health concerns they face at work.
A particularly troubling example of labor exploitation lies in the realm of child labor. In recent years, there has been increasing concern over violations of child labor laws in the U.S., with some states even loosening protections.
Undocumented children may feel coerced to work under the looming threat of deportation. Often, these young workers find themselves in perilous jobs, such as in meat processing or manufacturing.
The pandemic highlighted the U.S. economy’s dependence on immigrant—and frequently undocumented—labor. Reports illustrated how these workers, crucial for sectors like food production and healthcare, represented a vital part of the economy, even amidst significant health risks due to the virus.
In today’s political landscape, the health of all laborers, not just those who are undocumented, is increasingly at risk. With cuts to research funding at the National Institute of Occupational Safety and Health, vital insights into workplace safety are becoming less accessible.
Fortunately, Flores was aware of his rights and chose to report his injuries, prompting an investigation by OSHA. Years later, in 2022, a federal judge ruled in his favor, awarding him a substantial settlement after his employer retaliated against him for reporting the incident.
The recent uptick in immigration enforcement at workplaces shouldn’t intimidate other workers from asserting their rights.
