New INS operation targets Nebraska meat
industry
By TERESA MALCOLM
NCR Staff Omaha, Neb.
In an unusual show of agreement among groups often
at odds, immigrant, church, business and union leaders are voicing opposition
to a new program targeting illegal immigrants employed in Nebraskas
meatpacking industry.
Initially called Operation Prime Beef when it was announced in
September by the Immigration and Naturalization Service, the program is
designed to root out undocumented workers by a comprehensive investigation of
the employment eligibility records of all meatpacking employees in Nebraska.
Critics, arguing from different points of view, charge that such sweeping
measures would severely disrupt immigrant communities, meatpacking plants and
Nebraskas economy.
Community leaders have also said that the program, by targeting an
industry that is highly reliant on Mexican and Central American immigrant
labor, is racist and anti-immigrant.
The program is a new standard of making a human being be
unwanted, unappreciated, undesired, unwelcome and unloved, said a
statement from Our Lady of Guadalupe Church in the predominantly Hispanic area
of South Omaha.
The INS said the program, now called Operation Vanguard following
protests from some who saw the Prime Beef name as dehumanizing and
offensive, is a shift in the way the INS approaches the problem of
unauthorized workers in Nebraskas meatpacking industry.
Instead of occasional raids on plants, the agency is aiming
to remove the magnet that initially draws them to the Midwest --
employment.
The INS estimates that magnet has drawn at least 25 percent of the
Nebraska meatpacking work force from undocumented immigrants. Operation
Vanguard, by targeting every Nebraska meat processing plant during a four-month
period, hopes to freeze out the illegal workers it does not catch.
Plants in Council Bluffs and Sioux City, Iowa, are also included in the INS
program.
Removing the magnet
Even INS officials acknowledge, however, that undocumented workers
scared off by Operation Vanguard will not return to their countries of origin.
For the INS, removing the magnet of employment in the meatpacking industry,
rather than arresting and deporting individuals, is the goal of Operation
Vanguard.
It is expected that many employees who lack valid work
authorization will resign prior to the INS visit, the INS said in its
September announcement. However, when interviews are scheduled with employees
who stay, the INS may apprehend undocumented aliens encountered during
the visit.
If successful, the program could be expanded to meatpacking plants
in the surrounding states of Colorado, Kansas and Minnesota. The ultimate
objective is to open up jobs for people working legally, Jerry Heinauer,
director of the INS district office in Omaha, told NCR.
But some say finding those legal workers will be tough for
meatpacking jobs that are difficult and dangerous, and in a state where
unemployment is at about 3 percent.
One meatpacking manager told The Omaha World-Herald,
If theyve got a pulse, well take an application. Were
really strapped from time to time. Weve got such high turnover, as much
of our industry does.
The American Meat Institute, a national organization representing
meat slaughterers and processors and their suppliers, said that turnover
requires employers to hire two or three trainees to fill one job vacancy
long-term.
Critics also say Operation Vanguard will negatively affect the
economies of Nebraska and Iowa, both heavily dependent on agriculture. Beyond
the plants directly involved, consequences of the operation could reach into
related businesses, from livestock and grain producers to truckers.
It does surprise me that the state of Nebraska is not more
incensed, said a meatpacking industry official, who requested anonymity.
If the INS is right and 25 percent of the industrys workers are
illegal, if production of beef subsides by 25 percent, it would show up Monday
morning -- everything will curtail by 25 percent.
In December, 103 meatpacking companies in Nebraska and Western
Iowa turned over their employee records under subpoena. After review, the INS
said it will compile a list for each facility noting fraudulent documents,
present them to employers and in March, schedule appointments at plants to talk
with employees with suspect papers. Arrests might occur at that time, the INS
said.
While the INS contends that Operation Vanguard will be less
stressful or disruptive than the previous strategy of unannounced occasional
raids, Sasha Khokha of the National Network for Immigration and Refugee Rights
said that new enforcement tactics will have the same consequences. They
may not be as aggressive or as visible, but they lead to many of the same kinds
of civil rights concerns and traumas, she said.
The network is particularly concerned with Nebraska, where the
immigrant population has rapidly expanded in the past 10 years but where few
advocacy groups are active. The network has followed local Nebraska activists
grappling with Operation Vanguard and encouraged them to share their experience
with other areas that may soon be facing the same situation. The
mobilization seen [in Nebraska] has been quite incredible considering there
hasnt been a previously established movement for immigrant rights,
Khokha said.
Nebraska immigration activists are on the lookout for any
discriminatory practices by plant supervisors in the implementation of
Operation Vanguard.
We concluded we could not stop it up-front, said Milo
Mumgaard, executive director of the Lincoln-based Nebraska Appleseed Center for
Law in the Public Interest. But if in the implementation the problems
that we predicted show up, its still possible to make a legal point
here.
The American Meat Institute has questioned why Operation Vanguard
has been implemented in Nebraska before companies in that state have access to
INS database screening tools such as the Employment Verification Pilots and
Basic Pilot. The pilot programs have been introduced in only five states.
Tools for screening
Our industry wants a stable, legal work force, said
Sara Lilygren, the institutes senior vice president for legislative and
public affairs. Were in support of tools for screening. Thats
the place, at the point of hire, instead of investing months of training and
after the workers families settle in, only to find out their documents
arent square.
Nebraskas congressional delegation and senators have asked
the INS to expand the Basic Pilot program into Nebraska. Heinauer told
NCR in early January that Basic Pilot may be introduced to Nebraska
within a month.
While the INS has slowed its original time frame, beginning the
process two months later than first announced, there have been no other changes
to the basic elements of the program, Lilygren said.
Despite almost universal concern about the program, the INS
is unwilling to modify it, Lilygren told NCR. They have said
in writing that they really want this to be a partnership with the industry,
and we think thats wonderful -- except that we havent seen the
partnership part of it yet.
Lourdes Gouveia, associate professor of sociology and director of
Chicano-Latino studies at the University of Nebraska at Omaha, said that in the
end, the cost is going to fall on the workers. The big companies -- IPB,
ConAgra, Cargill -- will be able to withstand the turmoil just fine. The cost
will be in the short-run for them, she said. Smaller packers will
not be able to withstand it. They will close and release workers to work in the
big three, where, Gouveia said, lack of competition for employees will
cause working conditions to deteriorate.
Whatever happens at the end, packers will not bear the
brunt, said Gouveia, who is working on a book about immigrant workers in
the meatpacking industry. Packers will find some kind of accommodation
with the INS. What congresspeople and the INS fail to really understand is the
short- and long-term costs to families and communities.
Gouveia said that the INS is enforcing bad laws passed by
unthinking congresspeople, who are responding to public opinion that
unfairly connects undocumented Hispanic workers to rising crime. Lawmakers
respond quickly to political pressures and voices about crime and they
connect these issues very poorly, she said.
Its racism when people lump hardworking foreign
nationals with criminal elements, Gouveia said.
INS officials respond that the agencys actions are based on
whether a person has broken the law, not on ethnicity.
That most of the undocumented workers in the meatpacking industry
are Hispanic is a fact, Heinauer said at a community meeting Dec.
16, 1998, at Our Lady of Guadalupe Church. Its nothing we can shy
away from.
Regardless of the INSs intentions, the United
Food and Commercial Workers International Union said in a letter to the agency,
most meatpacking workers in Nebraska will perceive Operation Prime Beef
as a thinly disguised attack on Latino workers.
The union noted that the program will have a devastating
impact on thousands of union members in the state, the majority of whom
are Hispanic immigrants. Operation Prime Beef will surely cause many
documented immigrant workers who are lawfully in the country -- as well as
unauthorized immigrant workers -- to quit their jobs, pack up their families
and belongings, leave their communities and flee to another region of the
country.
According to Lourdes Chavez-Madera, a leader in the Omaha Hispanic
community, people were leaving their jobs after the first reports of Operation
Vanguard came out in the local media. The CEOs at packing plants told
them not to leave their jobs until told to, said Chavez-Madera, who
assists immigrants with citizenship and residency paperwork.
Other workers are working up to 15 hours a day, trying to make as
much money as possible before the INS comes in March.
People feel more uneasy, said Chavez-Madera, a native
of Durango, Mexico, who became a legal resident in 1990. They think their
time is coming near to leave Omaha or the country. People talk and theyre
afraid. These are people who have kids that were born here.
However, she said, their first option will be to seek work in
another industry. Their last choice is to leave the country, she
said. Theyll stay around as long as they can.
Rethinking the laws
Immigration advocates say the solutions to the problems posed by
Operation Vanguard are not found in better screening tools for companies or a
return to sporadic INS raids but in rethinking the laws that the INS is
enforcing.
For me its not an INS problem -- theyre doing
what Congress asked them to do, said Fr. Stanley Kasun, associate pastor
of Our Lady of Guadalupe. My problem is with Congress, that they have
given the INS this power and that the laws have permitted this to
happen.
The laws should allow workers to work legally, activists say.
They need to give amnesty to those who are here and temporary visas for
those who want to come for a couple of years, Gouveia said. It
would be win-win for the industry, the people and Mexico, with workers going
back and investing in Mexico to eliminate the need for immigration.
However, Gouveia said, working conditions, pay and benefits will
need to improve in order to attract legal workers. More strict enforcement of
labor laws would reduce the incentive to hire undocumented workers, she
said.
Once you begin to implement those laws, the incentive for at
least a portion of native workers to accept jobs in those plants
improves, she said.
In addition to more rigorous enforcement by the Department of
Labor, critics say the INS should focus its efforts on criminal activity such
as drug-smuggling rather than targeting working people. According to Mumgaard,
the Justice Department has handed down guidelines to the INS, calling on it
to turn the focus of enforcement to raids involving immigrant smuggling,
human rights abuses and more egregious violations.
Operation Vanguard is not in keeping with those priorities, he
said. Uprooting workers and families who may have been here for years is,
arguably, an enforcement obligation, Mumgaard said. It is hardly a
priority.
National Catholic Reporter, January 22,
1999
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