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Venezuelans deported to brutal El Salvador prison weren’t gang members, lawyers say

President of El Salvador Nayib Bukele said hundreds of Venezuelan migrants deported from the U.S. to a prison in his country under the Alien Enemies Act would perform hard labor for up to a year, potentially longer.  In this photo, he delivers a speech during the first press conference of the year at Casa Presidencial on Jan. 14, 2025, in San Salvador, El Salvador. (Photo by Alex Peña/Getty Images)

President of El Salvador Nayib Bukele said hundreds of Venezuelan migrants deported from the U.S. to a prison in his country under the Alien Enemies Act would perform hard labor for up to a year, potentially longer.  In this photo, he delivers a speech during the first press conference of the year at Casa Presidencial on Jan. 14, 2025, in San Salvador, El Salvador. (Photo by Alex Peña/Getty Images)

WASHINGTON — In new court briefings Thursday, attorneys for several Venezuelan immigrants say their clients either had no criminal record or had cases before an immigration judge when they were deported under the Trump administration’s wartime authority — despite a federal judge ordering the return of the flights to the United States.

Attorneys for four men who were sent to a notorious maximum security prison in El Salvador said their clients had two things in common: They were accused of being members of the Tren de Aragua gang under the Alien Enemies Act of 1798 the president invoked, and they all had tattoos.

Among those four men deported were a professional soccer player; a father whose son is a U.S. citizen; a political activist who protested the Maduro regime in Venezuela; and an asylum seeker. 

238 Venezuelans on flights

Last week, President Donald Trump invoked the Alien Enemies Act, which allowed the rapid deportation of Venezuelan nationals 14 and older who are suspected members of the Tren de Aragua gang.

“If the President can label any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there,” the American Civil Liberties Union, which originally filed the suit, wrote in recent court briefings.

The White House confirmed 238 Venezuelans were deported and flown to El Salvador, but is refusing to answer detailed questions about the timing of the March 15 flights, after a federal judge placed a temporary restraining order that same day on use of the wartime authority.

Thursday’s filings also included sworn statements from four attorneys who had clients initially on the deportation flights heading to the prison in El Salvador, but were removed before the plane left the U.S.

In separate accounts, the four men who disembarked the plane and questioned what was happening said they were told by an immigration official they had “won the lottery” because they were not being deported that day.

The eight exhibits by attorneys came just before a Friday hearing before U.S. District Court Judge James Emanuel Boasberg in the District of Columbia, who is pressing the government for more details on the timing of the two deportation flights. 

Hard labor

The prison that the men were taken to, known as the Centro de Confinamiento del Terrorismo, or CECOT, has concerned human rights groups like the Human Rights Watch.

The president of El Salvador, Nayib Bukele, wrote on social media that the men deported from the U.S. to his country would perform hard labor for up to a year, potentially longer. 

White House press secretary Karoline Leavitt said the U.S. government paid El Salvador $6 million to detain the men.

In a court filing with the ACLU, Juanita Goebertus, the director of the Americas Division of Human Rights Watch, said that “the Salvadoran government has described people held in CECOT as ‘terrorists,’ and has said that they ‘will never leave.’”

“Human Rights Watch is not aware of any detainees who have been released from that prison,” she said.

Tattoos of crowns, rosary, flowers

One of the men taken to CECOT is Jerce Reyes Barrios, a professional soccer player who marched in two political demonstrations protesting the regime of Venezuelan President Nicolás Maduro, his attorney, Linette Tobin, wrote.

Barrios came to the U.S. in 2024 using the CBP One app, a tool the Biden administration used to help migrants make appointments with asylum officers. The Trump administration shut down the app on the president’s first day in office and have repurposed the app as a self-deportation tool.

Tobin said that Barrios, who had no criminal record in the U.S. or Venezuela, applied for asylum and had a court hearing in April.

She said U.S. Immigration and Customs Enforcement accused Barrios of belonging to the Tren de Aragua gang because of his tattoos. He has a tattoo on his arm with a soccer ball and a crown on top, with a rosary.

“DHS alleges that this tattoo is proof of gang membership,” Tobin said. “In reality, he chose this tattoo, because it is similar to the logo for his favorite soccer team, Real Madrid.”

Another attorney, Austin Thierry, said his client, E.V., fled Venezuela after being tortured by officials for participating in a protest against the regime.

Since E.V. has been in ICE detention, “his partner and infant son have struggled to meet their expenses and maintain housing,” Thierry said, adding that his client’s son is a U.S. citizen.

“EV has various tattoos, such as tattoos of anime, flowers, and animals, that he chose to get for personal and artistic reasons,” Thierry said.

“E.V. also has a tattoo of a crown, which may be why ICE falsely accused him of gang membership. However, this crown is not related to Tren de Aragua but rather, a tribute to his grandmother whose date of death appears at the base of the crown.”

Asylum cases pending

Another immigration attorney, Katherine Kim, said her client, referred to as L.G., had a pending asylum case and that ICE alleged he was associated with Tren de Aragua.

She said L.G. denied being a member and has three tattoos.

“One is a rosary, the other is his partner’s name, and the third is a rose and a clock,” she said. “None of these tattoos are related to Tren de Aragua gang membership or membership in any other gang.”

Immigration attorney Osvaldo Caro-Cruz, said his client, JABV, fled Venezuela due to political persecution and applied for asylum through the CBP One app.

“His tattoos are a Rose, a Clock and a Crown with his son’s name on it,”  Caro-Cruz wrote in a court filing. “These are common in Venezuela and bear no exclusive association with gang affiliation.”

Caro-Cruz said he was able to determine that JABV was deported to the prison in El Salvador because the president, Bukele, published a video and JABV’s brother recognized him.

Tattoo artist

Another filing was by Solanyer Michell Sarabia Gonzalez, who said he fears his younger brother was sent to El Salvador.

Both brothers have asylum cases pending. When they went to their ICE check-in appointment, the younger one, 19-year-old Anyelo Jose Sarabia, was asked about his hand tattoo by an immigration official and later detained.

Sabaria has no criminal record and is a tattoo artist.

Gonzalez said he can no longer find his brother on the ICE detainee locator.  

“I am extremely concerned about the health and safety of my little brother,” he wrote in his court filing. 

How many undocumented people live and work in Wisconsin?

Farm field
Reading Time: 2 minutes

In Wisconsin, undocumented immigrant workers contribute significantly to the workforce, performing labor that often goes unseen. But the exact number has proven difficult to determine. 

From outdated and cautious estimates to a lack of monitoring by state agencies, it is difficult to say for certain how many immigrants without legal status work in each industry. Quantifying the undocumented population through surveys and studies is also a challenging task. The U.S. Census doesn’t ask about or estimate the number of undocumented immigrants. The Department of Homeland Security estimates the U.S. total at 11 million as of 2022.

An estimated 70,000 undocumented immigrants live in Wisconsin, about 47,000 of whom are employed, according to the nonpartisan Migration Policy Institute.  About two-thirds of those had lived in the U.S. for 10 years or more. But that information is now over five years old.

The top industries that employ undocumented workers in the state are: 

Manufacturing — estimated 11,000 workers. 

Professional, scientific, management, administrative and waste management services — estimated 8,000 workers.

Accommodation and food services, arts, entertainment and recreation — estimated 5,000 workers.

Construction — estimated 5,000 workers. 

Agriculture — estimated 5,000 workers.

A 2023 UW-Madison School for Workers survey found that over 10,000 undocumented workers perform around 70% of the labor on Wisconsin’s dairy farms. “Without them, the whole dairy industry would collapse overnight,” the researchers concluded.

This finding sparked a public debate in the wake of stricter immigration policies over the unseen, yet essential work that immigrants without legal status provide to the state’s major dairy and farming industries. 

“Obtaining accurate counts of undocumented populations is inherently challenging due to their non-legal status and potential reluctance to participate in official surveys,” said Alexandra Guevara, spokesperson for Voces de la Frontera, a Wisconsin-based immigrant rights organization. 

To complicate matters, state agencies like the Department of Administration and the Department of Public Instruction don’t keep records of the number of undocumented immigrants and workers in the state. DPI lacks this data because public schools do not ask about immigration status. 

In 2018, undocumented immigrants in Wisconsin paid an estimated $157 million in federal taxes and $101 million in state and local taxes, totaling nearly $258 million, according to the American Immigration Council. That estimate dropped slightly to a total of $240 million in federal, state and local taxes as of 2022. 

Undocumented workers make up a large percentage of the workforce in child care and domestic housework. They tend to make up a smaller portion of health care employees and are mainly employed in roles like housekeeping or janitorial and food service in both nursing homes and hospitals, according to Guevara. 

National estimates suggest that undocumented workers make up between 30% and 50% of the meatpacking workforce, according to the University of Michigan. Guevara said it is probable that Wisconsin, a major hub for meat and cheese production, follows this trend.

Wisconsin Watch readers have submitted questions to our statehouse team, and we’ll answer them in our series, Ask Wisconsin Watch. Have a question about state government? Ask it here.

How many undocumented people live and work in Wisconsin? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Farm Foundation Forum Underscores Need for Comprehensive Agricultural Labor Reform

The November Farm Foundation® Forum, Growing Together: Trends and Transformation in U.S. Agriculture Labor, highlighted some of the findings from a recent multi-day symposium that explored the future of the U.S. agricultural workforce. The symposium, held by Farm Foundation and the Economic Research Service at the U.S. Department of Agriculture, aimed to convene a network of researchers and stakeholders to engage in productive discussions focused on farm labor issues. The primary goal was to strengthen and enhance ongoing farm labor research.

This forum highlighted the critical importance of farm labor to the competitiveness of US agriculture, particularly for labor-intensive commodities like fruits and vegetables. The discussion was moderated by Michael Marsh, president and CEO of the National Council of Agricultural Employers, and featured panelists: Philip Martin Professor Emeritus at the University of California, Davis; Andrew Padovani, senior research associate with JBS International; and Alexandra Hill, assistant professor at the University of California, Berkeley.

The Forum covered a wide range of topics, including wage rates and competition, legislative and regulatory challenges, litigation and legal actions, mechanization and labor alternatives, and economic and demographic trends.

Numerous Issues to Consider

One point brought up was that there has been no significant agricultural labor reform since 1986, making it difficult to address current labor issues. Farmers must also contend with many new regulations, including those related to wage rates and worker protection. The impact of the Adverse Effect Wage Rate and competition with countries like Mexico was also discussed.

One solution to rising labor costs is a push toward mechanization, which brings about its own set of questions around adaptation to this change. In some cases, robotic harvesters are not yet fast enough or inexpensive enough to replace human hand pickers, but the gap may be closing fastest for crops like apples.

The H2-A program was also a large part of the discussion. The use of H-2A workers is increasing, but the program’s costs and regulatory requirements are significant. The anticipated impacts of the incoming administration on the potential for ag labor reform was also briefly discussed during audience question and answer session.

Overall, the Forum underscored the urgent need for comprehensive agricultural labor reform to ensure the sustainability and competitiveness of US agriculture. The discussions highlighted the complex interplay of wage rates, regulatory challenges, and the need for mechanization and alternative labor sources.

The two-hour discussion, including the audience question and answer session, was recorded and is archived on the Farm Foundation website. 

The post Farm Foundation Forum Underscores Need for Comprehensive Agricultural Labor Reform appeared first on Farm Foundation.

Wisconsin unions score win as Dane County judge strikes down Act 10

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Wisconsin public worker and teachers unions scored a major legal victory Monday with a ruling that restores collective bargaining rights they lost under a 2011 state law that sparked weeks of protests and made the state the center of the national battle over union rights.

That law, known as Act 10, effectively ended the ability of most public employees to bargain for wage increases and other issues, and forced them to pay more for health insurance and retirement benefits.

Under the ruling by Dane County Circuit Judge Jacob Frost, all public sector workers who lost their collective bargaining power would have it restored to what was in place prior to 2011. They would be treated the same as the police, firefighter and other public safety unions that were exempted under the law.

Republicans vowed to immediately appeal the ruling, which ultimately is likely to go before the Wisconsin Supreme Court. That only amplifies the importance of the April election that will determine whether the court remains controlled 4-3 by liberal justices.

Former Gov. Scott Walker, who proposed the law that catapulted him onto the national political stage, decried the ruling in a post on the social media platform X as “brazen political activism.” He said it makes the state Supreme Court election “that much more important.”

Supporters of the law have said it provided local governments more control over workers and the powers they needed to cut costs. Repealing the law, which allowed schools and local governments to raise money through higher employee contributions for benefits, would bankrupt those entities, backers of Act 10 have argued.

Democratic opponents argue that the law has hurt schools and other government agencies by taking away the ability of employees to collectively bargain for their pay and working conditions.

The law was proposed by Walker and enacted by the Republican-controlled Legislature in spite of massive protests that went on for weeks and drew as many as 100,000 people to the Capitol. The law has withstood numerous legal challenges over the years, but this was the first brought since the Wisconsin Supreme Court flipped to liberal control in 2023.

The seven unions and three union leaders that brought the lawsuit argued that the law should be struck down because it creates unconstitutional exemptions for firefighters and other public safety workers. Attorneys for the Legislature and state agencies countered that the exemptions are legal, have already been upheld by other courts, and that the case should be dismissed.

But Frost sided with the unions in July, saying the law violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into “general” and “public safety” employees. He ruled that general employee unions, like those representing teachers, can not be treated differently from public safety unions that were exempt from the law.

His ruling Monday delineated the dozens of specific provisions in the law that must be struck.

Wisconsin Republican Assembly Speaker Robin Vos said he looked forward to appealing the ruling.

“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges,” Vos said in a statement.

Wisconsin Manufacturers and Commerce, the state’s largest business lobbying organization, also decried the ruling. WMC President Kurt Bauer called Act 10 “a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings.”

The Legislature said in court filings that arguments made in the current case were rejected in 2014 by the state Supreme Court. The only change since that ruling is the makeup of Wisconsin Supreme Court, attorneys for the Legislature argued.

The Act 10 law effectively ended collective bargaining for most public unions by allowing them to bargain solely over base wage increases no greater than inflation. It also disallowed the automatic withdrawal of union dues, required annual recertification votes for unions, and forced public workers to pay more for health insurance and retirement benefits.

The law was the signature legislative achievement of Walker, who was targeted for a recall election he won. Walker used his fights with unions to mount an unsuccessful presidential run in 2016.

Frost, the judge who issued Monday’s ruling, appeared to have signed the petition to recall Walker from office. None of the attorneys sought his removal from the case and he did not step down. Frost was appointed to the bench by Democratic Gov. Tony Evers, who signed the Walker recall petition.

The law has also led to a dramatic decrease in union membership across the state. The nonpartisan Wisconsin Policy Forum said in a 2022 analysis that since 2000, Wisconsin had the largest decline in the proportion of its workforce that is unionized.

In 2015, the GOP-controlled Wisconsin Legislature approved a right-to-work law that limited the power of private-sector unions.

Public sector unions that brought the lawsuit are the Abbotsford Education Association; the American Federation of State, County and Municipal Employees Locals 47 and 1215; the Beaver Dam Education Association; SEIU Wisconsin; the Teaching Assistants’ Association Local 3220 and the International Brotherhood of Teamsters Local 695.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Wisconsin unions score win as Dane County judge strikes down Act 10 is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Symposium on U.S. Farm Labor Conditions Discussed Sector’s Diverse Challenges and Opportunities

Farmworkers play an “essential role in keeping food on our tables,” said U.S. Secretary of Agriculture Tom Vilsack during opening remarks at a symposium held September 17-19, 2024, in Santa Cruz, California. The three-day event, “The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It,” was hosted by U.S. Department of Agriculture’s (USDA) Economic Research Service (ERS) and Farm Foundation. The symposium consisted of a two-day conference plus a one-day farm tour centered around the theme of U.S. agricultural labor conditions, challenges, and solutions. Dr. Jessica Crowe, chief of the Rural Economy Branch at the USDA’s ERS, along with ERS’s farm labor team, organized the event along four key themes: 

  1. Trends in the farm labor force—including presentations on worker migration and the H-2A Temporary Agricultural Program
  2. Labor costs—including presentations on the effects of H-2A Adverse Effect Wage Rate (AEWR) and overtime laws on farmworkers
  3. Farmworker conditions—including presentations on workplace safety; effects of climate change on worker health; workplace harassment
  4. Workforce development and technology—trends in training current farmworkers and a new generation to develop, operate, and repair new technologies in the field and lead packing operations

In her opening remarks, ERS Assistant Administrator Kelly Maguire stressed that although critical to the Nation’s food security, “farm work is potentially hazardous and ERS data show that farmworkers receive lower wages when compared with nonsupervisory workers outside of agriculture.” Complicating the issue, both the private and government sector will need to “accelerate adaptation to a changing landscape of farm labor,” said Maguire. This will be necessary for the United States to remain competitive as a producer of labor-intensive commodities like fruit and vegetables, she said.

The symposium’s opening remarks continued with Secretary Vilsack highlighting that “the USDA, Department of Labor, and employers can all play a role in addressing systemic challenges” while emphasizing the importance of building “a system that works for everyone… by creating value and opportunity for employers and farmworkers.”

In his keynote address, Dr. Philip Martin, professor emeritus at the University of California-Davis, outlined three responses to rising farm labor costs: an increase in mechanization, an increase in the number of migrant workers with H-2A visas, and an increase in imported produce. However, questions remain as to the extent machines can lessen labor needs by commodity, the number of workers the U.S. will need in the future and where they will come from, and whether the U.S. can import more fruits and vegetables from Mexico, Central and South America.

Day 1 Overview: Farmworker Well-Being

After opening remarks, the first day’s sessions focused on the changing farm labor force, farmworker wages, workplace safety, and farmworker health. Presenters described the changing demographics of domestic crop workers as one that is aging, increasingly coming from Southern Mexico, and more likely to have at least one chronic health condition. In addition, the number of farmworkers on migrant H-2A visas continues to increase. Several speakers discussed farmworker wages from the perspective of the farmworker and farm owner. Audience members contributed to these discussions by considering how high costs of housing factor into the discussion on wages. With respect to H-2A wages, Dr. Zach Rutledge, assistant professor at Michigan State University, discussed the adverse effect wage rate (AEWR) including how the AEWR is calculated, problems with its calculation, whether the rate is too low or too high, and how changes to the AEWR would affect H-2A and non-H-2A farm wages.

Speakers discussed the impact of farmworkers being excluded from many federal workplace protection laws on farmworker well-being. State laws are patchwork with some states providing more protection for farmworkers than other states. For example, six states have implemented (or are finalizing) heat standards for agricultural workers while three states have regulations in place for wildfire smoke. Despite agricultural workers having fewer workplace protections at the federal level than other occupations, farmworkers are exposed to hazardous conditions including extreme weather, wild animals, hazardous plants, dangerous tools, hazardous chemicals, and poor living conditions. These risks found in the workplace can lead to injuries and illnesses that are often left untreated until the problem becomes severe. Dr. Brenda Berumen assistant professor at Texas State University, described several barriers that farmworkers face to seeking medical treatment including the high cost of care, unpaid sick leave to receive treatment (resulting in lost wages), long travel times to receive certain health services, and a lack of information and resources (including information in their native language).

Day 2 Overview: Technological Innovations, H-2A Visa Program

The sessions on the second day focused on workforce development, technology, and the H-2A visa program. Advances in technological aids in orchards and fields, such as platforms used in apple orchards, can increase labor productivity while reducing injuries associated with previous picking methods. However, adoption rates are slow as the structure and architecture of existing orchards and fields have to adapt to the new technology. In addition, robotics in fields and orchards are continuing to advance, but have a ways to go before the technology is efficient enough to be cost effective. However, patents for artificial intelligence (AI) in agriculture have increased substantially in the past few years. It is yet to be seen how the increase in agricultural AI will impact farm labor.

The H-2A visa program is an increasing source of temporary agricultural labor. Presenters discussed the problems of the program, including scams and illegal fees associated with the recruitment of migrant workers, lack of oversight and accountability for employers who break laws tied to H-2A, and the tethering of farmworkers to employers by visa status. While speakers and audience members debated the impacts of H-2A wages on farmworkers and employers, overall, symposium attendees agreed that H-2A is a significant program that employers increasingly seek out to secure farm labor. Furthermore, attendees agreed that problems exist that can result in exploitation of farmworkers, during recruitment and employment. Dr. Kelly Maguire closed the symposium by thanking those involved who organized the three-day event, including the interpreters, reflecting on what was learned through formal and informal conversations, and encouraging attendees to continue to build on newly formed relationships and to nurture new perspectives and information gained during the symposium.


This post-event summary of “The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It” symposium was written by Dr. Jessica Crowe, chief of the Rural Economy Branch in the Resource and Rural Economy Division in the USDA’s Economic Research Service (ERS).

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The post Symposium on U.S. Farm Labor Conditions Discussed Sector’s Diverse Challenges and Opportunities appeared first on Farm Foundation.

Upcoming Farm Labor Conference Tackles Critical Issues

Although critical to the nation’s food security, farm work is potentially hazardous, farmworkers receive lower wages when compared with nonsupervisory workers outside agriculture, and many hired farm workers lack legal work authorization and access to basic public services. For the United States to remain competitive as a producer of fruit, vegetables, and other labor-intensive commodities both private and government institutions will need to accelerate adaptation to a changing landscape of farm labor.

An upcoming conference on farm labor seeks to strengthen ongoing farm labor research by convening and developing a network of researchers and stakeholders. The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It conference will take place September 17 to 19, 2024, in Santa Cruz, California.

The conference is presented by the USDA Economic Research Service and Farm Foundation. It will cover four key themes: trends in the farm labor force, including worker migration and the H-2A Temporary Agricultural Program; labor costs, farm worker conditions, and workforce development.

Visit https://farmfoundation.swoogo.com/farmlabor for more information and to register.

The post Upcoming Farm Labor Conference Tackles Critical Issues appeared first on Farm Foundation.

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