North Carolina, Raleigh- The documents of H-2A workers are personal and non-transferable elements that must be in the possession of their owner at all times.
Although this is a common practice, it is illegal for employers to withhold documents from H-2A workers.
“Some employers are using the strategy of taking away workers' passports to prevent them from leaving work,” explains the guide practice for rural workers temporary prepared by Legal Aid.
They condemn the method of removing the passport of H-2A workers
In dialogue with Enlace Latino NC, lawyers specializing in immigration law condemned this modality and warned that it could be a maneuver to force people to work against their will.
In this context, it is important to emphasize that H-2A workers have the right to resign to their employment at any time they wish.
The employer, strictly speaking, only needs to see the worker's documents to complete bureaucratic forms.
After this process, there is no reason for the employer to retain the passport of an H-2A worker.
In the event that an employer withholds the documents of H-2A workers, Legal Aid has a help line in Spanish.
By calling 1(800)777-5869, workers can receive legal assistance to recover them.
Withholding documents from H-2A workers: danger of human trafficking
The United Nations defines human trafficking as “the recruitment, transportation, transfer or receipt of persons by force, fraud or deception, with the aim of exploiting them for profit.”
Human trafficking is a very serious crime. In rural areas, this crime is evidenced by employers who force their employees to work against their will.
According to Legal Aid, employer confiscation of personal documents can be a sign of trafficking.
In the United States there is a toll-free line with attention in Spanish to report cases of human trafficking. If you suspect trafficking, call 1-888-373-7888 or report 911 in an emergency.
For your safety, protect your personal documents while you remain in the United States. Don't lend them to anyone. Please note that giving up your passport may endanger your physical integrity. It can even be used by other people to commit crimes in your name.
You may also be interested in: H-2A worker recruiters: how to contact them and what to do to avoid fraud?
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Work is real for Latinos in the United States. I am Honduran without papers in Spain. I would like to work in the United States. Do you think I could get it?