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To: David Lawrence who wrote (20736)4/26/2000 11:51:00 AM
From: DMaA  Respond to of 22053
 
Our whole immigration policy is in shambles. Check out this case where illegal Mexicans will be allowed to stay because...well I can't quite figure out why.

Hotel workers to remain in the United States
Kimberly Hayes Taylor Star Tribune
Wednesday, April 26, 2000


Seven of eight former Holiday Inn Express workers will be allowed to stay in the United States under an agreement announced Tuesday.

The workers -- illegal immigrants from Mexico -- were granted the right to remain in the country for two years through a settlement between the Immigration and Naturalization Service (INS) and local attorneys.

The eight undocumented workers were reported to the INS last fall and arrested after they tried to form a union at the hotel in downtown Minneapolis.

After the 15-minute proceeding in Bloomington on Tuesday, the group emerged from the building and was surrounded by dozens of well-wishers, who sang, cheered and waved colorful banners and signs. They chanted, "The people, united, will never be defeated."

The INS granted the workers "deferred action," a rarely used discretionary measure the agency can take to allow undocumented people to remain in the United States, usually because of their cooperation with the government.

One of the eight workers -- Amado Flores of Minneapolis -- won't be allowed to stay because he had been caught entering the United States illegally once before, in 1998, and deported.

The two-year deferred-action status will begin at the end of the June. It carries the stipulation that the workers prove they have otherwise been law-abiding, have paid taxes and can show that they have worked in the United States.

By early July, the seven are expected to be allowed to work legally in the United States.

The eight workers were fired from their jobs as housekeepers at the hotel on Oct. 13 after it was discovered that they had used fake Social Security numbers and green cards. The hotel manager said he didn't fire the workers in retaliation for organizing, but because he feared fines by the INS.

Days later, hundreds of people turned out to rally for the workers. The Hotel Employees and Restaurant Employees International Local 17 paid $18,000 in bail to get six of them out of jail.

Three months later, the workers gained national attention when the Equal Employment Opportunities Commission (EEOC) and the National Labor Relations Board (NLRB) sued the Holiday Inn Express on the workers' behalf. The suit was settled for $72,000 with no admission of wrongdoing from the hotel.

The workers' lawyer, Jorge Saavedra F., chief legal officer for Centro Legal, said Tuesday's outcome is a reminder that the most powerful voice is the collective voice of the people.

"It is unusual for the INS to take this measure," Saavedra F. said. "It sends a clear message that the workplace must be free of discrimination, and a clear message to Congress."

For days, Saavedra F. and co-counsel Benjamin Casper negotiated with INS officials for the deferred-action status in return for the workers' cooperation with the EEOC and the NLRB.

"It's a good compromise," said Curtis Aljets, INS district director. "This is a highly unusual agreement."

Aljets said INS officials decided that the settlement was the most expeditious way to handle the case. Otherwise, he said, it could have dragged on for years.

He reminded employers that they have the responsibility to know whether the workers they hire are undocumented. If they are, he said, they don't have the right to exploit them.

The two-year time frame might give the workers opportunities to apply for permanent resident status through other means, Casper said.

"The INS has gone the furthest length," he said. "For those of you who are really interested in this case, your attention has to turn toward Congress."

Jaye Rykunyk, vice president at-large of the hotel and restaurant workers union, said the union already is lobbying Congress. This case, she said, is only the beginning of the impact the union plans to make.

"I had faith from the beginning that we could make a difference," she said. "This is the first step and it could have only happened in Minnesota because of the political climate and quality of life. People are able to say, 'This is the right thing to do.' "

Estella Albino of Minneapolis said it was the first time since her October arrest that she has felt relief. She normally sent $500 each month to her family back in Mexico, but since being fired she hasn't been able to help. She has the responsibility to help support 17 relatives in Mexico. Now, "I don't have to worry anymore," she said. "I just want to stay and work in the community."

Norma Lerma of Minneapolis said they all were certain they were going to have to leave.

"It was hard sitting at home waiting for someone to tell us to get out," she said. "I kept thinking, 'What will happen to me? What will happen to my children?' I will sleep well tonight."


¸ Copyright 2000 Star Tribune. All rights reserved.

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