wfn.org | AFSC SEEKS HEARING ON BEHALF OF UNDOCUMENTED WORKERS

[Worldwide Faith News <wfn@igc.org>]

Contact: Janis D. Shields, Director Media and Public Relations
(215) 241-7060 AFTER HOURS: (302) 545-6596

Quaker Group Joins Coalition of Labor Groups, Civil Rights Organizations
and Students Petitioning Commission on Human Rights

PHILADELPHIA, PA. (Dec. 20) - The American Friends Service Committee, an
internationally recognized social justice organization, joined more than
20 labor, civil rights and immigrants' rights organizations in filing a
formal request for a hearing before the Organization of American State's
(OAS) Inter-American Commission on Human Rights.

The request, co-signed by students in the International Human Rights Law
Clinic at American University Washington College of Law (WCL),
highlights the United States' discriminatory treatment of millions of
undocumented workers within its borders.

Undocumented workers' rights to legal redress are being stripped away by
U.S. Courts. A general interest hearing by the OAS would provide a forum
for personal stories of discrimination.

This hearing represents an important opportunity for the voices of
immigrant workers to be heard by the Inter-American Commission and the
public at large.  All too often, these voices are silenced by fear.

"The U.S. economy relies on undocumented immigrants for their labor, and
yet these workers are vulnerable to untold abuse, exploitation, and
discrimination due to their immigration status," states Joyce D. Miller,
American Friends Service Committee assistant general secretary for
justice and human rights. "The basic human rights and dignity of these
workers must be respected and upheld or, ultimately, the rights of all
workers will be undermined."

In Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
(NLRB), Jose Castro, an undocumented employee of Hoffman Plastic, was
fired after engaging in labor union activities. The NLRB found that
Hoffman had violated Castro's rights, and the Court of Appeals affirmed
the decision. The U.S. Supreme Court, however, reversed the ruling and
denied Castro the remedy of back pay because of his immigration status,
ruling the prohibition against working without authorization precludes
the recovery of back pay and outweighed his wrongful termination.

In a 2003 advisory opinion, the Inter-American Court held that all
workers, regardless of immigration status, must be treated equally once
employed.  However, there have been a series of cases in the U.S. since
Hoffman that have condoned the exploitation and unequal treatment of
undocumented workers.  The impact is that these workers are more afraid
than ever to speak up about workplace violations, many believing that if
they try to assert their rights, they will be deported. 

"Undocumented workers are the hidden and highly exploitable staple of
the American economy who provide us with food, clothing, manicured golf
courses and lawns while at the same time contributing billions of
dollars to the U.S. economy through the payment of Social Security,
taxes and other expenditures," said Sarah Paoletti, an immigrants rights
expert and a practitioner in residence in the International Human Rights
Clinic at WCL. "Without these workers, many areas of our economy would
be in trouble."
	
"We look forward to the commission's intervention in this critical issue
for the six million undocumented workers who cook, clean, care for
children and the elderly, build our homes and harvest our crops. It is
time for the United States to live up to its international human rights
obligations and to protect these most vulnerable of its workers," said
Rebecca Smith, staff attorney for the National Employment Law Project,
another co-signer of the request.

The coalition's ultimate request is that the Commission issue
recommendations to the U.S. government encouraging a legislative fix to
Hoffman Plastic, and develop a reporting mechanism, which would require
regular updates from the U.S. government and the undersigned advocates.

The American Friends Service Committee (AFSC) supports the rights and
dignity of all people, regardless of legal immigration status.	Through
its national immigrants' rights initiative, Project Voice, AFSC seeks to
strengthen the voices of immigrants and immigrant-led organizations in
setting the national agenda for immigration policy and immigrants'
rights.

For details on the hearing request, or to arrange an interview, contact
Felecia Bartow, AFSC's Project Voice documentation coordinator at
215-241-7133 or Sarah Paoletti, practitioner-in-residence, WCL
International Human Rights Law Clinic at 202-274-4290.	For media
assistance, contact Janis D. Shields, director of media and public
relations at 215-241-7060 or at 302-545-6596 after normal business
hours.

# # #

The American Friends Service Committee is a Quaker organization that
includes people of various faiths who are committed to social justice,
peace and humanitarian service. Its work is based on the belief in the
worth of every person and faith in the power of love to overcome
violence and injustice.

Janis D. Shields
Director, Media and Public Relations
American Friends Service Committee
1501 Cherry Street
Philadelphia, PA 19102
Phone: 215.241.7060
FAX: 215.241.7275
E-MAIL: News@afsc.org
Website: http://www.afsc.org