In June 2011, the U.S. Department of Justice announced the indictment of a Maryland couple on charges that they held a Filipina domestic worker in servitude. The couple lured the victim who was impoverished, uneducated and mother of 8 children by using false promises of a salary that would support the victim’s children in the Philippines. The indictment document reveals that the couple “procured a fraudulent visa to allow the victim to enter the United States; confiscated the victims documents after she arrived; and compelled her labor for 13 hours a day over a period of 10 years, using threats, assaults, withholding of pay an a peonage contract to coerce the victim’s continued service.”
This Filipina who is identified only as “T.E.” successfully escaped from the 10 years of abuse by her U.S. employer. The court records reveal that she also tried to escape in 2002. Her employer threatened her with arrest if she did not return. Because of fear, she was compelled to return to her abusive employers. Upon her return, the employer threatened to shoot her if she tried to run again. Indictment papers also reveal that the employer had hit, pinched and poked her with knives. Finally, in 2009, she escaped and never returned.
The indicted couple will stand trial. If convicted, the defendants each face a maximum sentence of up to 50 years in prison and $250,000 in fines.
“T.E.” is a permanent resident and obtained her green card by marrying her employer’s brother who is suffering from diabetes and dementia and required extensive care. The employer couple is also charged with immigration violations.
The case of T.E. is a classic case of human trafficking. The Department of Justice has heightened its efforts to locate victims of human trafficking and prosecute perpetrators.
Undocumented Domestic Workers
Aside from the US Department of Justice, the U.S. Department of Homeland Security also announced its change of policy for the protection of abused domestic workers of diplomats.
Diplomats, consular officers, foreign government offices and international organizations are allowed to apply visas for their domestic workers. They are issued either A3 or G5 visas. In cases where the employer threatens the domestic workers who claim abuses and are threatened with deportation, these workers may avail of a relief of “deferred action”. Depending on the circumstances of their case, they may also avail of the nonimmigrant “T” visa.
Considering that most of the domestic helpers are strangers to their new environment, they oftentimes find it difficult to assert their rights and bear all the hardships they face.
Unlike in the case of private employers such as the Maryland couple, a domestic helper of a diplomat usually does not have redress against his employer. Diplomats are immune from criminal, civil and administrative suits from all courts of the United States and its states under the Vienna Convention on Diplomatic Relations. This is what actually happened in the 2008 case of Marichu Baoanan who claimed abuse in the hands of her employer, then Philippine Ambassador Baja, who was relieved of liability under diplomatic immunity, among other reasons. The federal lawsuit against the ambassador did not prosper.
Domestic helpers of foreign representatives in the United States may find it difficult, if not legally impossible, to file lawsuits against their employers. Still they are entitled to apply for the nonimmigrant “T” visa and assist in the federal authorities’ investigation. This visa will allow them to stay in United States while investigation is being conducted. There is also an opportunity to apply for an immigrant visa after a few years.
Asserting Rights of Victims of Human Trafficking
Domestic workers are a critical need for most families who can afford to have one. They take care of our homes, parents and children; and, are entitled to assert their basic workplace rights. Most employers treat their workers fairly. But for employers who are perpetrators of human trafficking and are abusive, government prosecutions are a reminder that domestic workers are entitled to protections. Just like any ordinary employee, domestic workers should not tolerate verbal, physical or emotional abuses.
What makes it more difficult for domestic workers is the threat to their immigration status in addition to their lack of familiarity with the English language and how the U.S. justice system works. Just like T.E., most of these workers are head of households and are supporting their families back home. Hence, when faced with an abusive employer, they should be encouraged to assert their rights especially now that the administration has changed its policies and provided relief to protect them from being removed from the United States. Availing of the “T” visa or deferred action may be a challenged but it is a solution that will may free them from abuse and uphold their human dignity.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
