Unpacking the Problem: How Immigration Reform Can Help Limit the Exploitation of Immigrant Workers in the Meat-Packing Industry

By: Cierra Garcia

Introduction

            Both Democratic and Republican lawmakers have failed to reach a consensus on bipartisan immigration for years[i]. More recently, the Senate parliamentarian blocked Democrats  from including additional pathways to citizenship in the new budget plan  affecting millions of undocumented immigrants.[ii] While Senate Majority Leader, Chuck Schumer, has stated that Democrats have an “alternate proposal” prepared to address immigration reform in the three trillion-dollar budget plan, a lack of bipartisan immigration reform continues to allow the exploitation of hundreds of thousands of migrant workers within the United States meat-packing industry.[iii] Additional pathways to citizenship, like those included in the most recent Senate budget proposal, would protect immigrant workers within this industry from exploitation.[iv]

Exploitation Within the Meat- Packing Industry

            Generally, the United States meat-packing industry has largely relied on an immigrant workforce, but this reliance has continued to increase in recent years. The number of meat- packaging plants requesting foreign visa workers has nearly doubled since the year 2015.[v] Immigrant workers are especially vulnerable to workforce exploitation because of the way the immigration system ties visa workers’ status to their employment.[vi] This is dangerous for workers in an industry that tends to have less than desirable conditions, such as frequent illness and other serious injuries like lacerations and amputations. [vii] Because they are only able to stay in the country so long as they remain employed on a work visa, immigrant workers employed by meat-packaging plants are less likely than other workers to complain about these conditions out of fear of losing their job and being deported.[viii]

How Greater Pathways to Citizenship Can Curb Exploitation of Migrant Workers and Why We Need Them Now More Than Ever

            The proposed policy changes in the most recent Senate budget, would have allowed farm workers and other employment-based applicants to apply for a permanent residence immediately.[ix] Under this plan, employment-based permanent residence applicants working in meat-packaging plants would be given a chance to adjust their status with a 5,000dollar fee.[x] Being granted permanent legal status would minimize the exploitation of migrant workers by removing the threat of deportation. Removing this threat would allow immigrant works to confidently speak out against any dangerous and unsafe conditions they may experience. Additionally, granting these workers permanent legal status would also help minimize the problem of underpayment.[xi]

            Legislators opposed to the immigration budget argued against inclusion of such funding in the budget plan, stating there was not a significant enough impact on the federal budget.[xii] Others categorized the budget plan proposal as “inappropriate” and “unprecedented” because the immigration reform aspect of the 2005 spending bill, which Democrats argued set the precedent for such a proposal, had not been directly litigated at the time, and otherwise would not have passed.[xiii] Beyond the most recent budget proposal, opposers to immigration reform more broadly argue that an increased opportunity for United States citizenship would increase the number of immigrants attempting to enter the country and bring further chaos to the already backed-up system.[xiv] However, the industry’s need for immigration reform is greater now more than ever.[xv]

            Amid the global COVID- 19 pandemic, even without the inclusion of a budget for immigration reform, legislators should continue fighting to adopt some form of immigration reform to benefit essential immigrant workers. With such close working quarters, COVID-19 spreads quickly between the meat-packers. Allowing these workers an immediate pathway to permanent legal status would help alleviate some of the negative effects that have been exasperated  during the pandemic.[xvi] The meat industry problem is intensified even further with the Senate parliamentarian ruling against this plan. This is likely the easiest way for legislators to reach some form of bipartisan immigration reform since it would have allowed Democrats to pass the legislation without a filibuster.[xvii] Unfortunately, absent an improved policy for visa workers to achieve legal permanent status, immigrant workers in the meat-packing industry are likely to continue to experience exploitation and be treated as exhaustible cheap labor. 

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[i] Jacob Pramuk, Democrats cannot grant legal status to millions of immigrants as part of budget bill, Senate parliamentarian rules, CNBC Politics (Sept. 20, 2021, 9:42 AM), https://www.cnbc.com/2021/09/20/senate-parliamentarian-rules-on-immigration-in-democratic-budget-bill.html [https://perma.cc/QQ6D-7CS2].  

[ii] Id.

[iii] Luis Velazquez, Meatpacking Plants Have Long Relied on Immigrant Labor. Now, Some Are Turning to Foreign Visa Workers, The Daily Yonder Agriculture (Aug. 26, 2021), https://investigatemidwest.org/2021/08/19/meatpacking-plants-have-long-relied-on-immigrant-labor-now-some-are-turning-to-foreign-workers/[https://perma.cc/55KV-DKLU].

[iv] Id.

[v] Sky Chadde, GRAPHIC: More meatpacking companies are using temporary visa labor, MidWest Center for Investigative Reporting (Feb. 3, 2021), https://investigatemidwest.org/2021/02/03/graphic-more-meatpacking-companies-are-using-temporary-visa-labor/ [https://perma.cc/23ZR-TK3S]. 

[vi] Velazquez, supra note 3. 

[vii] Id.

[viii] Id. 

[ix]  Here’s What the New House Bill Says About Immigration, Boundless Immigration Inc. (Sept. 13, 2021), https://www.boundless.com/blog/new-house-bill-legal-status-immigrants/ [https://perma.cc/D45B-H9JE]. 

[x] Id.

[xi] Id.

[xii] Claudia Grisales, In A Blow To Democrats, Senate Official Blocks Immigration Reform In Budget Bill, NPR (September 19, 2021, 10:30 PM), https://www.npr.org/2021/09/19/1038776731/in-a-blow-to-democrats-senate-official-blocks-immigration-reform-in-budget-bill [https://perma.cc/ESN5-TJW9].

[xiii] Id. 

[xiv] Id.

[xv] Kristy- Nabhan- Warren, Coronavirus pandemic shines a light on the risks meatpackers are facing, USA Today(April 24, 2020, 7:00 AM), https://www.usatoday.com/story/opinion/2020/04/24/coronavirus-pandemic-makes-meatpacking-more-dangerous-than-we-thought-column/3006430001/  [https://perma.cc/BQ28-HTHA].

[xvi]Id.

[xvii] Grisales, supra note 12.