Laid-off undocumented workers like Garcia and Peña claim that their immigration status was added reason for their dismissals. The inability of undocumented workers to access benefits gives employers an incentive to hire them – and lay them off before workers who can collect unemployment. The business website Business Management Daily, for example, counsels managers: “If you discover that an employee isn’t authorized to work, you don’t have to worry that firing him or her will mean you’ll have to pony up for unemployment benefits.”
New York does not track labor statistics for unauthorized workers, nor does it target any assistance toward the sector. State Department of Labor spokeswoman Michelle Duffy said, "State labor law protects workers regardless of their status.” But, Duffy said, federal law does not allow them to file for unemployment benefits.
In addition to the growing number of workers who are both unemployed and undocumented, Meneses has also recently noticed that legal immigrants with working papers are coming to the day laborer sites. While rare before, now as workers across the board feel the crunch, many who never before considered day labor find it to be their only option. In a December article, the Wall Street Journal reported that “unemployed nonimmigrant laborers are seeking informal work that has typically been performed by low skilled immigrants.”
More people chasing fewer jobs also leads to lower wages for those who do find work. Meneses recalled that just last summer, laborers could earn more than $100 per day, with the most skilled sometimes earning upwards of $200. Now many settle for $80. According to him, “It is not enough.”
“Undocumented workers are the first hit when there is less work or no work to go around,” says Amy Sugimori, executive director of La Fuente, an immigrant workers' rights organization active in Woodside. Sugimori hopes that a recovering economy and job creation will help those undocumented and unemployed. But for real improvement, she feels, there must be “broadened rights to unionize and immigration reform.”
Garcia has faith that “when the weather is warmer there will be more work.” In the meantime he diligently frequents day laborer sites and has begun participating in Jornaleros Unidos de Woodside outreach to other laborers, and organizing immigrant worker rights workshops. The group is organizing a large contingent to march in the May First rally for immigrant and work rights.
“In the crisis, there is opportunity,” says Meneses. “Opportunity to organize.”
Andrew Silverstein recently served as civic engagement coordinator for New Immigrant Community Empowerment (NICE) in Jackson Heights.
