September 6, 2005
The Honorable Michael Chertoff
Secretary of Homeland Security
Department of Homeland Security
Washington DC 20528
Dear Secretary Chertoff:
On behalf of the 1.4 million workers of the United Food and Commercial Workers International Union (UFCW), I am writing to express my shock and outrage at the recent safety scam conducted by the Federal Immigration and Customs Enforcement Agency (ICE).
We have learned that on July 6, 2005, ICE officials lured employees at Seymour Johnson Air Force Base to a supposed mandatory OSHA meeting. Once the workers were gathered, officials at the meeting revealed that they were not OSHA representatives, but in fact immigration officials. Forty-eight workers who attended the meeting were arrested. ICE arrested workers authorized to work in the U.S., as well as undocumented workers. Those authorized to work in the U.S. were later released.
OSHA's principal mission is the promotion of worker safety. The government should not betray OSHA's mission with immigrant workers, as these workers suffer the highest rates of on-the-job injuries and deaths. Immigrant workers are often reluctant to learn about OSHA standards for fear of being harassed, fired, or even deported. As a result, it is cruel and reprehensible for ICE to use the OSHA name to exploit those workers attending a mandatory meeting on workplace safety.
This unscrupulous action has shattered the trust between OSHA and the workers who need the agency the most. Deceiving immigrants by impersonating OSHA is irresponsible and creates distrust and fear on all sides.
Not only do such tactics hurt immigrant workers, but they also contravene OSHA's policy to keep the identity of those who file complaints confidential and not to collect data concerning citizenship status. These policies exist so as to maintain open channels of communication through which workers will alert their supervisors of dangerous or unhealthful conditions without fear that they are placing themselves or their families at risk of deportation. Rather than fostering safer workplaces, the ICE scam will deter reporting of safety violations, resulting in a less safe workplace for all workers.
To every immigrant worker involved in and aware of this scandalous incident, OSHA no longer means safety, but cruelty and betrayal. Such an egregious act by government officials has seriously undermined workers' trust in the very federal agencies created to protect them.
We have serious questions about this event.
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Under whose authority was this raid conducted?
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How did ICE target workers for "invitation" to the sham safety meeting? Was it purely by race and language? Were any non- Hispanic workers "invited"?
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Were officials at the Seymour Johnson Air Force Base aware of the real reasons behind the sting operation?
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Did ICE officially inform OSHA of the sham before or after the safety meeting?
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Were apologies offered to those who were invited but found to be legal residents?
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Are they still employed at Seymour Johnson Air Force Base?
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Who were the independent contractors involved in hiring the arrested workers?
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Are the contractors who are responsible for hiring undocumented workers facing legal sanctions? If yes, please specify.
In order to restore any sense of trust, the Bush Administration must denounce this deceptive and unethical action that has undermined job safety. A public statement by the President would go a long way toward communicating the fact that this mistake will not happen again. Ignoring the impact of this episode will only doom more immigrant workers to workplace injuries and death.
Thank you for your consideration of these comments. I look forward to your timely response.
Sincerely,
Joseph T. Hansen
International President
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