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Guest workers or unauthorized immigrants? The case of forest workers in the United States

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Abstract

This study examines regional differences in the legal status of forest workers in the Pacific Northwest and Southeastern United States, using United States Department of Labor data and qualitative fieldwork in Alabama and Oregon. The authors find that there are significantly fewer H-2B guest workers on federal lands in Oregon than on privately owned forest plantations in Alabama, and the Southeast more generally. By contrast, numerous workers on federal lands in Oregon are undocumented. This difference may largely be explained by variations in the economies of scale in forest work in the Pacific Northwest (federal lands) and the Southeast (mainly private lands). The study also finds that there is no real difference in the working conditions of undocumented immigrants and guest workers—both groups face labor exploitation. Guest workers in the forest industry, many of whom have no previous work experience or access to social networks in the United States, face extreme isolation at worksites, are beholden to contractors, fear losing their jobs if they complain, and are generally unaware of their basic rights. By contrast, many undocumented forest workers in Oregon belong to established social networks through which they are recruited onto forest labor crews. However, unauthorized workers are also vulnerable to labor exploitation because they fear deportation and are obliged to their kin-employers. Policy recommendations to improve labor conditions and enforce existing labor laws for all forest workers include: better tracking of workers across states to monitor labor abuses, allocating more resources to state labor departments to facilitate worker outreach and worksite inspections, and better communication among land management officials and the Department of Labor.

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Notes

  1. By comparison, in 2000, the forest industry reforested 77,670 acres.

  2. Southeastern states include: AR, AL, MS, GA, and NC.

  3. Western states include: ID, MT, OR, CO, and WA.

  4. The USCIS has a yearly quota of 66,000 H-2B visas per year.

  5. Latinos were prevalent in tree planting on federal lands during the 1980s as well. With the passage of the 1986 Immigration and Reform Control Act, many undocumented forest workers were granted amnesty and moved into forest labor contracting. These immigrant contractors were able to tap their social and kinship networks to recruit forest workers, many of whom were undocumented. As logging and reforestation activities waned on federal lands during the 1990s, established Latino contractors and their ethnically homogenous crews moved in to dominate ecosystem management work (Sarathy 2006).

  6. The incident in question involved a number of salal harvesters being arrested by ICE officials. The harvesters had gathered at the Mt. St. Helens National Volcanic Monument Headquarters in Amboy, WA on the Gifford Pinchot National Forest to collect harvesting permits. There, ICE agents, who had been in communication with Forest Service Law Enforcement, apprehended and arrested six harvesters (Jefferson Center for Education and Research 2005).

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Correspondence to Brinda Sarathy.

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Sarathy, B., Casanova, V. Guest workers or unauthorized immigrants? The case of forest workers in the United States. Policy Sci 41, 95–114 (2008). https://doi.org/10.1007/s11077-008-9057-z

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