Voice of the FieldsCalifornia

F A R M L A B O R I N F O R M A T I O N B U L L E T I N

July 26, 2012 FREE Volume 22, Number 6

The Supreme Court Rules Affordable Care Act is Constitutional

The U.S. Supreme Court on June 28th issued its decision regarding legal challenges to

President Obama’s Affordable Care Act. The court’s ruling was a milestone for the law, allowing almost all the Act to move forward to become law. Several portions of the Act have already been put in place in the past two years, and more are on the way. Ultimately, it is intended to end the United States’ status as the only rich country with large numbers of uninsured people, by expanding both the private market and Medicaid.

If you have health insurance, you will benefit from steps to stop insurance companies from cancelling your coverage if you get sick. The law will also require insurance plans to cover your out-of-pocket expenses for many preventative screening services, such as mammograms or colonoscopies, to catch problems at their earliest, most treatable stages.

The Affordable Care Act is a health care law that aims to improve our current health care system by

increasing access to health coverage for Americans and introducing new protections for people who already have health insurance. The most important part of the Act is the individual health insurance mandate, and the Court ruled that this mandate is constitutional.

The mandate is included in the Act as a way to encourage Americans who are currently uninsured to get health coverage. The idea behind it is to have everyone participate in the system or pay their fair share. Immigrants who are living and working legally in the United States are subject to this health insurance mandate. All aliens who are lawfully present are covered by the requirement to maintain health insurance. Unauthorized (illegal) aliens are exempted from this mandate. Here is a quick description of the mandate:

If you have insurance—either through your employer or through a plan you purchased outside of work—you don’t have to pay a penalty or worry about the mandate

because you are already covered. If you do not have health insurance, starting in 2014, you will need to get it or face paying a tax penalty. If you fall into the uninsured group, there will be new ways to make it easier for you to find and pay for health coverage.

Based on their income, certain individuals may qualify for a tax credit toward their insurance costs available only through an exchange beginning in 2014. All lawfully present aliens who meet specific qualifications are eligible for the tax credit. Unauthorized (illegal) aliens are ineligible for the tax credit.

In upcoming issues of The Voice of the Fields, we will explain the new health care law, and the individual mandate in more detail. We will keep you updated with the facts and, most importantly, what it means for you and your family.

To learn more about the Affordable Care Act, please visit: http://www.healthcare.gov/law/index.html.

Deferred Action Policy

Hundreds of thousands of illegal immigrants who came to the United States as

children will be allowed to remain in the country without fear of deportation and able to work, the Obama administration announced on June 15th. The policy, while not granting any permanent legal status, clears the way for young illegal immigrants to come out of the shadows, work legally and obtain driver’s licenses and many other documents they have lacked.

“They are Americans in their heart, in their minds, in every single way but one: on paper,” President Obama said in an announcement about the new policy. He said he was taking “a temporary stopgap measure” that would “lift the shadow of deportation from these young people” and make immigration policy “more fair, more efficient and more just.”

Requirements: The U.S. Department for Homeland

Security announced that certain young people who meet specific requirements are a low enforcement priority, and can apply for Deferred Action. In order to be considered, the following requirements should be satisfied:1 You were not above the age of thirty

on June 15, 2012;2 You came to the United States Under

the age of sixteen;3 You continuously lived in the United

States for at least five years before June

15, 2012, and you were physically present in the United States on June 15, 2012;

4 You are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are a veteran of the U.S. Armed Forces or Coast Guard who was honorably discharged; and

5 You have not been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, and you do not otherwise pose a threat to national security or public safety. If you meet all of these

requirements, you can apply for Deferred Action; if granted, you can then apply for a work permit with U.S. Citizenship and Immigration Services (USCIS). The period for Deferred Action is two years and it can be renewed.

What to do now? In the coming weeks, USCIS will

outline and announce the procedures by which individuals can apply for Deferred Action. The process is not yet in effect and requests should not be submitted at this time. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more

information on the new process should visit USCIS’s website (at http://www.uscis.gov).

It is important to remember to not believe or hire anyone who tells you they already have an application for you to fill out to apply for this deferred action policy. There are many people, even attorneys who are scamming the immigrant community. They are fraudulently charging people for an application process that is not even available, and filing applications for people who wouldn’t qualify in the first place.

Now is the time to start collecting your documents to demonstrate your eligibility under this new policy. n Gather your documents to show your

presence in the United States on June 15th, 2012 as well as your presence in the country for the past five years.

n Obtain evidence of your age, such as a birth certificate, and your enrollment in a U.S. high school or documentation o graduation or certificate of general education (GED).

n If you have criminal offenses, obtain your records so an attorney or other legal services provider can help you figure out if your application would be eligible. For updates on the Deferred Action

Policy please visit the USCIS website at http://www.uscis.gov. To keep you safe from scams, the U.S. Citizenship and Immigration Services have created a special webpage at http://www.uscis.gov/avoidscams.

H-2A Visa Program for Agricultural Employers

The H-2A temporary agricultural Visa program is a federal program

administered by the Department of Labor (DOL) Employment and Training Administration (ETA). The H-2A program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary nature.

Employers anticipating a shortage of agricultural workers must apply with the Employment Development Department (EDD) at least 60-75 days before the date the job begins. The employer must also file an application with the Department stating that there are

not sufficient workers who are U.S. citizens who are able, willing, qualified, and available and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Individuals interested in an H-2A job

can go to their local EDD employment office and ask to speak to an EDD H-2A Specialist. The H-2A Specialist will provide all information about any local H-2A jobs as well as any H-2A jobs throughout the U.S. Individuals will be asked to register for work with the EDD and present

information about their work history and authorization to work in the U.S.

If you don’t know where your local EDD service office is located, you may find it in your local telephone directory or visit the EDD website at www.edd.ca.gov Individuals may also access the State’s employment website at: www.caljobs.ca.gov to view all H-2A jobs in California and the DOL’s website at: http://icert.doleta.gov to view all H-2A jobs throughout the U.S.

Name of Employer CalJOBS Number

Job Title Pay Rate Contract Dates

Positions City of Job Employer’s County (for ECMS)

Responsible WS Site (RWSS)

1 Federico Barajas Lopez DBA FL Labor

Contractor

CA12964319 Farm Worker, Grape Harvest $10.42 8/20/12 - 10/1/12

35 Madera Madera Madera WS (559)662-4500

2 Carneros Creek Winery

CA13015503 Farm Worker, Grape $13.67 8/30/12 - 10/21/12

12 Napa Solano Santa Rosa WS(707)576-2016

3 Western Range Association

CA10339218 Farm Worker, Sheep Herder $1,422.52 On-going 143 California & Western

States

California & Western States

Contact any EDD WSB Office

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The H-2A employers must demonstrate that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. Preference in hiring will be given to qualified U.S. workers before employers are allowed to bring in foreign workers under the program.

Agricultural Jobs available to U.S. workers under H-2A contractYou may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office

Voice of the Fields

California Circulation: 40,000 copies

www.LaCooperativa.orgPublished monthly by:

La Cooperativa Campesina de California

1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220

Fax 916.388.2425

Editor: Marco Lizarraga

Produced with the support of the Employment Development

Department

Voice of the Fields may be reproduced

Radio Bilingüe July 26, 2012 at 10:00 a.m.  Listen to our radio program to hear more about the issues discussed in this month’s Voice of the Fields. We will be talking about the Healthcare Act and the Deferred Action for undocumented young people.

Future radio dates are: August 23, Sept 20, Oct 18, Nov 15 and Dec 13 The program is broadcast on Radio Bilingüe, a non-profit radio network with Latino control and leadership. To find a station near you, or to access our past programs online, visit: www.radiobilingue.org.

A List of Helpful Government Services and Phone NumbersUnemployment Insurance: English 1800-300-5616 Seguro de Desempleo: En Español 1-800-326-8937

Disability Insurance: English 1-800-480-3287 Seguro de Incapacidad Estatal: En Español: 1-866-924-9757

Paid Family Leave: English 1-877-238-4373 Programa Familiar Pagado: En Español: 1-877-379-3819

U.S Citizenship and Immigration Services Servicio de Ciudadanía e Inmigración de Estados UnidosNational Customer Service Center (NCSC): English/En Español Hotline: 1-800-375-5283 1-800-767-1833 (TDD for the hearing impaired)

United States Social Security Administration Administracion del Seguro SocialEnglish/En Español Hotline: 1-800-772-1213If you are deaf or hard of hearing, call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. Monday through Friday

National Domestic Violence Hotline Línea Nacional Sobre la Violación DomésticaEnglish/En Español Hotline: 1−800−799−SAFE (7233) or TTY 1−800−787−3224. Help is available 24 at day, 365 days a year.

CalFresh Program: (877) 847-3663

Occupational Safety and Health Administration (OSHA)Telephone: 800-321-OSHA (6742)

U.S. Department of Labor: (866) 4-USA-DOL