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100. New migrant workers on the Gulf Coast have experienced a range of problems relating to
wage theft which include:
• Non-payment of wages for work performed, including overtime
• Payment of wages with cheques that bounce due to insufficient funds
• Inability to identify the employer or contractor in order to pursue claims for unpaid
wages
• Subcontractors - often migrants themselves - who want to but cannot pay wages because
they have not been paid by the primary contractor (often a more financially stable white
contractor)
101. These conditions are particularly salient for migrant workers, especially if they are
undocumented as they are more easily exploitable. They may be hired for their hard manual
labour and then robbed of their legally owed wages. The situation is exacerbated by the
complexity of local employment structures. Because there are multiple tiers of subcontractors,
often flowing from a handful of primary contractors with federal Government contracts, workers
often do not know the identities of their employers. This is typical of the growing contingent of
low-wage workers throughout the country. In New Orleans, workers explained that without
knowing the identity of their employer, they cannot pursue wage claims against them.
102. Numerous workers have witnessed immigration raids by ICE and local law enforcement
across the city of New Orleans, at large hotels downtown, the bus station, hiring sites across the
city, the Superdome, on work sites, in the parking lots of home improvement stores, and even
inside homes that workers are gutting or rebuilding. Workers report frequent immigration raids;
retaliatory calls to immigration authorities, or threats of such calls, by employers; and
collaboration between local law enforcement agents and ICE to the benefit of employers.
103. The lack of labour and human rights enforcement in the Gulf Coast stands in stark contrast
to the aggressive tactics employed by local police and ICE, who readily respond to tips from
unscrupulous employers who report workers that voice employment-related grievances. As a
result, ICE raids on day labourer and other work sites have increased substantially in the wake of
Hurricane Katrina. Both ICE and the Department of Labor have expressed their commitment to
developing a process whereby ICE will determine, before deporting any worker detained on the
Gulf Coast, whether the worker has any unpaid wage claims. Although ICE and the Department
are reportedly engaged in ongoing consultations on this subject, no agreement appears to be in
place. Workers live in fear of these tactics every day and most cannot or will not complain for
fear of more severe repercussions.
IV. CONCLUSIONS
104. Contrary to popular belief, United States immigration policy did not become more severe
after the terrorist attacks on September 11. Drastic changes made in 1996 have been at work for
more than a decade, affecting communities across the nation and recent policy changes simply