Past has cautionary lessons for guest-worker programs
In Europe and America, programs to legalize undocumented workers have often had negative impacts on workers, nations
By Daniel B. Wood | Staff writer of The Christian Science Monitor
LOS ANGELES - As church faithful light altar candles and Spanish-language
hymns echo down hard-tile hallways, a group of Mexican
elders huddles inside La Placeta Catholic church here. The 10 men are former
participants in a guest-worker program that ended in 1964 -
and they are still seeking pay they say never got.
"Each of us is still owed thousands of dollars by the US or Mexican government
... we don't know which," says Vicente de la Rosa
Hernandez. In the early 1960s, he picked strawberries, tomatoes, and lettuce
as one of 4 million Mexican participants in the so-called
bracero program. To make sure Mr. Hernandez and his colleagues exited the
country, US authorities gave 10 percent of their pay to the
Mexican government, which the workers could retrieve only by returning.
Mr. Hernandez is now an undocumented alien living at the local Delores
Homeless Mission. And today, with President Bush urging
Congress to create a new guest-worker program, his tale highlights some
of the cautionary lessons that similar programs in the US and
Europe hold.
Among them, experts say:
• Such programs are often set up with the needs of employers in mind - making workers vulnerable to exploitation.
• Even if guest workers aren't put officially on a path to permanent residency, many stay in the host nation for good.
• The creation of a new legal status for guest workers doesn't necessarily slow illegal immigration.
For Mr. Bush, the guest-worker initiative is designed as a compromise that
will not grant amnesty to illegal workers, but will formally
acknowledge the presence of millions of them. And it asks employers to
treat them like other American workers.
But despite the promise of steady work and legal status, the prevailing
sentiment among immigrants is distrust. "We feel we trusted the
system and got burned, so we do not feel like going through the same thing
again," says Hernandez.
Under the plan Bush outlined, illegal immigrants already in the US could
apply for a three-year work permit, which would be renewable at
least once. Workers in foreign countries who have been offered jobs here
could also participate. But neither group would receive special
consideration for permanent residence or citizenship.
Supporters of the Bush plan say much has been incorporated from past mistakes
and successes from the bracero program to the 1986
amnesty plan, which legalized about 3 million people. Those include better
controls for employers and workers.
Critics worry there are no cap on the number of immigrants that can take
advantage of the Bush plan, that there is no way to get workers to
go home at the end of their stay, and that border problems will remain
difficult from crossings attempted by those too afraid to trust the new
law. The track record abroad is not promising, they add.
Since World War II, "the Swiss tried it with the Italians and Spanish,
the Germans tried it with the Turks, and the French with the
Algerians," says Paul Heise, professor of economics at Lebanon Valley College
in Annville, Pa. "Everywhere, it has been a disaster for
both the welfare of the workers and the moral character of the employing
country."
The biggest problem of all, some say, is that once workers and their families
become established in a new country, they do not want to
leave. "The main lesson of previous guest-worker programs in the US and
across Europe is that there is nothing more permanent than a
temporary worker," says Rosemary Jenks, of Numbers USA, which works to
limit immigration. "History has yet to find an effective and
humane way to make them go home."
Often, workers develop families and roots in their adopted countries but
cannot become citizens and thus live a kind of second-class
status.
Besides spelling out an answer on getting workers to leave - including
funding for enforcement and penalties for noncompliance - experts on
both sides say policymakers should put strong worker protections in any
guest-worker program.
"One of the past mistakes of guest-worker programs here is that employers
had too much leverage in sending workers home, which left the
worker vulnerable to exploitation, sub-market wages and terrible conditions,"
says Dan Griswold, associate director of the Center for Trade
Policy Studies at the Cato Institute. "The president has tried to remedy
that by allowing workers to move more easily from job to job."
Experts also call for sanctions against employers who hire illegals knowingly.
That was a goal in the 1986 amnesty, but experts say
enforcement has largely lapsed. Moreover, the tide of illegal immigration
has continued in succeeding years. Many worry that such details
have been left out of Bush proposals for the moment, and that given current
understaffing of the Border Patrol, new regulations will be laxly
enforced.
Another concern: No matter what procedures are put in place, the system
is likely to be overwhelmed by bureaucracy. "The people I talk to
in government burst into laughter when they hear of another plan requiring
technology and other tracking mechanism be put in place," says
Scott Wright, an immigration lawyer with Faegre & Benson in Minneapolis.
"Law enforcement all over the US is still waiting for money and
machines for extra surveillance after 9/11."
Most advocates, however, welcome one aspect of the Bush proposal: It has
put the prickly problem of immigration back in the forefront of
national attention.