Sadly, the most vulnerable in our society are all too often preyed upon the most. Nowhere is that truer than in the immigrant community.
The dream of a better life can inspire many to make their way to our country. Unfortunately, access to work is fraught with danger for the immigrant community.
Many immigrants follow the law and apply for a work visa. For that visa to be granted, they must apply at the U.S. Consulate of their home country and provide proof of a job waiting for them in America. That alone is a challenge. If you manage to get approved and make it to the country, that is where the problems can start.
Many immigrants make their way to the country without a promise of employment, but they know that securing a job is the best approach to obtaining a visa. That’s where they fall victim to scams that exploit their vulnerable status and force them to work for unfair wages and under intolerable conditions or be trafficked into the sex industry.
One of these scenarios played out at a Pennsylvania Cheesecake Factory restaurant.
Fraud and Coercion
A complaint was filed by five immigrant plaintiffs in the U.S. District Court for the Eastern District of Pennsylvania that alleged corporate entities from the restaurant schemed to hire undocumented workers for their own financial benefit.
According to a story published on Bloomberg Law, before being hired by the restaurant, the plaintiffs met with someone who charged them for what turned out to be fraudulent Permanent Resident Cards and Social Security Cards.
Once armed with the documents, they were hired to work at the restaurant, where they were forced to work extra hours without pay. They were also kept from taking bathroom and meal breaks, subjected to unsafe working conditions, and threatened with deportation if they complained. Under the law, this is a form of human trafficking, and specifically forced labor trafficking.
The plaintiffs in this case are seeking damages for lost wages, pain and suffering, and punitive damages. Sadly, this is not an isolated incident.
Fake Courts and Judges
At a recent New York City Council meeting on immigration services fraud, an asylum seeker testified about how they were scammed by someone who claimed to be their attorney.
City Limits reported that the lawyer charged them money, forged paperwork, and set up a fake court hearing over Google Meet. During the virtual hearing, the asylum seeker was informed that they needed to pay $5,000 within the next eight days or the fee would be increased to $25,000.
This was just one example of several incidents of fraud perpetrated against immigrants that often begin in the country of origin for the asylum seekers through public notaries posing as legal experts.
Payroll Scam
Another way that businesses prey on immigrant workers is through direct payroll scams.
CBS12 reported on a scam involving four Honduran nationals who set up a sophisticated network of shell companies and an unlicensed check-cashing business.
Between 2015 and 2022, that business cashed around $89 million in checks from construction subcontractors. The check-cashing business took a fee, and unscrupulous subcontractors would pay immigrant workers in cash to avoid paying taxes. They are also charged with creating phony employees to be on the payroll of certain projects.
Major Corporations Involved
It is not just small-time operators who are preying upon immigrant workers; major corporations are also involved. The American Immigration Council reports on a class action lawsuit filed by Mexican workers who were lured to Tennessee by the Hyundai Kia Automotive Group.
According to the lawsuit, the workers were promised highly paid, skilled engineering jobs.
Instead, once they were brought to the country, they were forced to work in warehouses or auto assembly lines, where they faced discrimination and wage violations.
Those same workers were forced to pay significant visa fees and travel expenses. They also had to pay for employer-provided housing, which often resulted in overcrowded and unsanitary living conditions.
Again, these workers were helpless to speak up for fear of reprisal.
Fortunately, a few of the immigrants found the proper legal counsel to represent them and take on the big corporations.
A Dark Turn
Life in America holds the promise of better living conditions and a higher salary. For many immigrants, it means lifting their families out of poverty. That can mean sending money back home or saving up enough to bring the family to the United States.
Unfortunately, the promise of a decent job with a stable salary can take a dark turn when immigrants are exploited into sex or labor trafficking.
In extreme cases, immigrants may be held against their will and forced to work in massage parlors, brothels, or truck stops. It is extremely difficult for them to seek help, knowing that it can mean deportation.
Fortunately, help is available from Laffey Bucci D’Andrea Reich & Ryan.
If you are a victim of exploitation or suspect an immigrant is being exploited, reach out to our offices for guidance and support. We have the resources and experience to help hold those who are exploiting immigrants accountable.
Contact us to schedule a consultation today.