Truth, lies and the profit motive

"The truth, cleverly told, can be the biggest lie of all," is a line from an author whose name escapes me, although the meaning of the line is vivid in my mind and remains very fitting to the illegal immigration issue.

    The first part of the "clever truth" goes like this: "The right and obligation of a sovereign nation to control its own borders is beyond debate. We should not have here a single illegal immigrant." The second part of this "clever truth" is: "A family from Mexico who arrived here this morning legally has as much right to the American dream as the direct descendant of the founding fathers." These two clever truths provide the American people with a justifiable right to condemn and even hold in contempt illegal immigrants because the land of immigrants is saying, "You are welcome to America legally, otherwise stay out." Ah, but these so called "clever truths" are "the biggest lie of all."

    Those uttering the clever truths have led us to believe there is no need to cross our border illegally, that those who want to come here can instead gain legal immigration. But the unmentioned "lie" is that, for the poor, uneducated and unskilled or semi skilled people from any country, it is utterly futile to attempt to gain legal residency with the right to work in the U.S.

    And the biggest lie of all is how the real cause for illegal immigration jobs and those who provide them is ignored and protected.

    Providing jobs to illegal immigrants is against federal law. Yet whenever that fact comes up, it is simply dismissed with the statement, "We have no way of telling an illegal from a legal." Suspicion is, of course, never aroused, even with the need for a translator when it comes to the hard questions, such as, "What’s your name?"

    Politicians, while appearing tough to the American people, protect major political contributors who profit from the labor of the illegal immigrants. For example, Gov. Pete Wilson has received more than a million dollars from the agricultural sector during his last three campaigns. Similarly, other politicians receive huge political contributions. So this vocal group attacking the evils of illegal immigration protects, for profit, those hiring the very people they promise to keep out.

    If there were no jobs available, however, the illegal immigration problem would be 95 percent resolved. California's agricultural industry recorded sales in excess of $22 billion in 1995. Economists say each billion dollars creates between 18,000 and 22,000 jobs. Taking the average, the industry has circa 440,000 workers. Gov. Wilson has said there is an annual need for about 360,000 migrant field workers. All this in turn means that illegal immigrant farm laborers produce more than $17 billion of the total California agricultural product. The value of these workers is clearly visible.

    For the California agricultural worker, there is no overtime for the first 60 hours a week and most are paid minimum wage, minus taxes. They have to work in scorching heat, walking with bodies bent in half, or climb ladders while holding heavy sacks or boxes, smelling and rubbing against pesticides. There are no medical insurance benefits, no accrued vacation time, no Christmas bonus, no paid sick leave, no paid holidays; just 10 back-breaking hours a day, six days a week.

    Under these conditions, some workers get sick and seek medical attention, while parents seek an education for their children, only to find that politicians have aroused the public's anger because they are seeking these benefits at public expense. Yet politicians have not sought public expense relief from the agricultural industry. Is this part of the benefits accrued from political donations?

    Hidden from the public is that there is a legal way for foreign agricultural workers to temporarily enter the U.S. It’s called the H2A temporary and seasonal in nature agricultural worker visa.

    But it’s the U.S. agricultural employer, his agent or association that needs to apply. A petition must first be filed with, and certified by, the Department of Labor, attesting to the unavailability of domestic workers. Thereafter, a petition stating the number of employers needed, and for how long, is filed with the INS. The pre-qualified Mexicans or Central Americans sign up in their respective countries. They would thus enter legally for a specific time and job.

    In the entire U.S., a total of 1,438 H2A visa petitions were issued in the first seven months of 1996, according to the INS. This is a mere pittance considering there are more than 11,000 agricultural enterprises in California alone, and greater than 144,000 throughout the country.

    Having a legal method to acquire needed labor, why would agricultural enterprises choose to break the law? Could it be because H2A applicants must comply with a series of requirements, one of which reads: "... this does not relieve the employer from providing to H2A workers at least the same level of minimum benefits, wages and working conditions which must be offered to U.S. workers ..." ? There are housing, safety and health regulations. The workers must be protected by worker's compensation, be included in unemployment insurance, and the employer must comply with OSHA. All these compliances increase production costs, which reduces profits. Instead, the expense is passed on to the taxpayers.

    Other employers, in industries that can prove there is a shortage of U.S. workers, have similar INS mechanisms for legally bringing in alien workers. There is simply no excuse for breaking the law by hiring illegal immigrants, other than it’s easier and cheaper and therefore more profitable.

    So, citizens, throw stones at illegal immigrants, vote for propositions and candidates reflecting popular anger, light up the border, police airports, attend meetings, urge more laws, more border patrol, call out the National Guard and more.

    You do so much to the amusement of our puppeteers who, with the "clever truth," hide the biggest lie of all: Politicians and employers profit; citizens pay.

    Patrick Osio is principal of Cohen, Osio & Associates, a binational trade consultancy with offices in the World Trade Center on Sixth Avenue.