2024 Farmworker Justice Conference

The legal and illegal cannabis industry are flourishing in a number of states, driving a demand for migrant farm labor and causing new migration patterns. The serious federal immigration consequences of working in the growing or production of marijuana combined with emerging, undercaplitalized, and/or criminal employers has created a perfect storm for abusive working conditions, including forced labor, violence and threats, substandard living conditions, and rampant wage theft. Last year, Oregon's Cannabis Worker Resilience Partnership - a holistic partnership of seven cross-sector non-profit organizations - formed to address the humanitarian crisis created by the abuses of the marijuana and hemp industry. Members of the Partnership will present on important considerations and emerging issues in immigration and employment law and the innovative partnership to address the unique needs of cannabis workers. They also will lead a discussion on potential collaboration and outreach to affected migrant communities across the country.

This panel will start with overview of labor-related immigration relief available to survivors of workplace mistreatment and abuse, such as labor trafficking, wage theft, and retaliation. Participants will gain an understanding of Deferred Action for Labor Enforcement (DALE), and how to advise potential DALE recipients as they navigate challenges related to unlawful presence, interactions with H-2A nonimmigrant status, and U- and T- visa eligibility. Then, we will discuss DALE as an organizing tool, including best methods for outreach, working with union and other organizers, and balancing organizing objectives with individual legal services. The panel will also review partnerships with law schools and volunteers to coordinate pro bono clinics. We will reflect on past experiences and look to future models to build capacity to support immigrant workers seeking to apply for DALE..