‘Immigration: More than a borderline issue’

A U.S. district court in Georgia has ruled in favor of migrant tree planters who claimed that their employer did not pay them a prevailing wage as required.

The win comes just before Charlottesville’s Legal Aid Justice Center’s annual community education event and benefit on Thursday. The event will focus on immigration and the 10-year anniversary of the center’s Immigrant Advocacy Program.

On Oct. 7, U.S. District Judge Clarence Cooper ruled that Eller & Sons Trees Inc. and owner Jerry Eller would have to pay $53,890.86 to three defendants represented by the center. Tim Freilich, the legal director of the center’s immigrant program, said the judge did not specify a cap for the 3,000 other Eller employees who weren’t paid properly.

“That will send a strong message to the timber industry that they cannot abuse and exploit the workers who plant trees for them,“ Freilich said. “The decision will likely total in the millions. It’s a huge win.“

Freilich said the employees, who came from Mexico and Guatemala, were charged a variety of fees so that they could enter the United States through the H-2B visa program. Upon arrival, the employees were indebted to Eller for those fees, but Freilich said they didn’t make enough to dig out of that debt. The tree planters were paid a few cents per tree they planted for the Georgia-based forest replenishment firm.

Cases on behalf of low-wage immigrant workers are becoming more common in the Immigrant Advocacy Program, which used to handle more migrant farm worker cases. Freilich said the federal government’s failure to create comprehensive immigrant reform has had negative consequences at the state and local levels.

“A handful of state and local officials are trying to ‘fix’ the guidelines on their own,“ Freilich said. “It’s creating fear among immigrants in Virginia and that fear is creating conditions that abuse and exploit immigrants.“

The Legal Aid Justice Center uses its annual benefit as a chance to educate the community. Susan Kruse, the center’s director of development, said it chooses a new issue every year.

“This year, with immigration, it’s important to decide where we stand on the issue and be aware of the policies and the people,“ Kruse said.

This year’s event at the Paramount Theater - “Immigration: More than a Borderline Issue” - will start at 7 p.m. with a discussion panel. Both Freilich and Edgar Aranda-Yanoc of the center will be on the panel, as well as Alexandria police Capt. Eddie Reyes and documentary filmmaker Annabel Park.

The panel discussion will precede a showing of “9500Liberty,“ a 70-minute film by Park and Eric Byler. The filmmakers, who started work on the documentary a year ago, chronicled how immigration issues have affected Prince William County. Kruse said attendees are invited to stay after the film to ask the panel more questions.

Tickets for the Legal Aid Justice Center’s annual event can be purchased up until it starts at the Paramount Theater box office. Students will be charged $15; everyone else will be charged $25.

The center raises about one-quarter of its annual contributions through its community education event.

Tasha Kates is a staff writer at the Charlottesville Daily Progress:tkates@dailyprogress.com | 978-7265