EVERY now and then we hear horrible stories of kababayans who put their trust in another Filipino only to find out that their trust, — and yes, desperation for many — had caused them to be victimized by the very people they thought would help them give their families a better life by working in the United States.
Such is the case of Filipino bakery workers who filed a civil lawsuit before the Los Angeles Superior Court against Pinoy-owned French bakery L’Amande. This lawsuit includes charges of human trafficking and wage theft.
As Balitang America reported, these Pinoy workers claim the owner Ana Moitinho de Almeida promised them specialized jobs at the bakery, only for them to allegedly be forced to work in slave-like conditions.
In violation of immigration and labor laws, Ana allegedly required these workers to reimburse her $11,000 for bringing them to the US and paid them only $370 a month (less than $3 an hour) even if they worked 14-hour days, six days a week.
With the help of Asian Americans Advancing Justice – Los Angeles, these kababayans claim in their lawsuit that de Almeida, who also owned several bakeries in the Philippines, began bringing workers here on E2 visas.
Balitang America further reported that workers were allegedly threatened if they complained to authorities. Workers say those tactics included canceling visas and threatening their families in the Philippines.
Romar Cunanan, one of the workers who had been working for de Almeida for over a decade starting in the Philippines, said that when he came to the United States to work for de Almeida, he never expected the low-paying and hard working conditions. He intimated that he felt shocked that someone whom he and other workers were loyal to and helped build her businesses would do such things to them.
Lawyers at Asian Americans Advancing Justice do not have an estimate of the monetary damages they are seeking, but say the back wages are over a million dollars. They are now seeking immigration relief through trafficking visas.
ARE YOU A VICTIM OF HUMAN TRAFFICKING? This information from the website of the Department of Homeland Security may help you:
How a T visa may help trafficking victims
Human trafficking, also known as trafficking of persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services.
The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
Certain qualifying family members are eligible for a derivative T visa. If you are under 21 years of age, You may apply on behalf of your spouse, children, parents and unmarried siblings under age 18. Those 21 and over apply on behalf of your spouse and children.
T nonimmigrant eligibility
You may be eligible for a T visa if you:
• Are or were a victim of trafficking, as defined by law
• Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking·
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)
• Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
• Are admissible to the United States. If not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant
Applying for T nonimmigrant status
To apply for a T visa, submit:
• Form I-914, Application for T Nonimmigrant Status
• Three passport size photographs
• A personal statement explaining how you were a victim of trafficking (on the Form I-914)
• Evidence to show you the meet eligibility requirements
Note: You are strongly encouraged to submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, to show law enforcement agency support. Form I-914, Supplement B serves as primary evidence that you are a victim of trafficking and that you have complied with reasonable requests from law enforcement.
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
