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Migrant Workers of the Virginia Tidewater

(FMM) How the legal system changed

This page is referenced by:

What It Means To Work Here
These interviews are available through Virginia Humanities and University of Florida Digital Collections. All Spanish-language interviews have been produced by Virginia Humanities.
This article includes Spanish language Interviews. All videos have English captions, but you may need to view the clips on YouTube to see them if they don't appear here.

Along the Eastern Shore of Virginia, thousands of migrant workers reside during peak farming seasons. Migrant workers from Mexico and other countries in Latin America travel hours on buses for jobs on the Eastern Shore so that they can help support their families. These workers provide vital labor necessary for agricultural production in the United States. Their contributions would not be possible without the H-2B visa program as well as temporary housing provided by the companies for which they labor. Although workers are provided with some accommodations, they still faced major challenges with the COVID-19 pandemic, legal and political issues, and separation from their families.

THE H-2B VISA SYSTEM AND INDUSTRY IN THE VIRGINIA TIDEWATER AREA
In the wake of the migrant worker crisis, it's important to recognize that non-white people have shaped the Chesapeake Bay—from the Native Americans who lived in the region before colonization and still live here today, to enslaved Black people, and later free Black populations that staffed the brand-new seafood industry, to the immigrants who came in during the mid-twentieth century, to the Spanish-speaking population working there today. Alongside the struggle with industry regulation that has forced lower-income families and smaller companies out of the business, companies in the Virginia Tidewater area have had difficulty in finding and maintaining workers.
To quote Ki'Amber Thompson writing for Ocean Conservatory: "So, who is working the Bay’s waterways today? In the Bay’s seafood processing industry, the majority of the workers are now foreign workers, mostly from Mexico. It has become more and more challenging to find reliable workers for seafood processing jobs (such as crab or oyster processing) because the work is hard, tedious, repetitive and seasonal. Temporary foreign workers are able to work these jobs through H-2B visas."

H-2B Visas are work permits that allow those who live outside the United States to engage in non-agricultural work within the states; H-2A visas are for people engaging in agriculture. Thus, seafood and farming companies use the H-2A and H-2B visas and typically employ from Mexico in order to have the staff to maintain operation. But this is not without its own faults. There are especially only a limited number of H-2B visas released each year, and with changes in political administration, specifics vary. In 2022, there were about 66,000 thousand H-2B visas applicable across the entire country, and demand was so high that the Department of Homeland Security released an additional 64,000 to try and meet demand. Thus, these visas are highly valuable and result in companies playing a lottery game to hire workers to do groundskeeping, maintenance, seafood work, and more (Jeff Barker, Washington Post, 2022).

PANDEMIC
When the COVID-19 pandemic hit in March 2020, migrant workers began facing issues with the types of work that they were able to complete due to the challenges of social distancing and the risk of spreading the virus. Migrant worker Josue Morales saw first-hand the effects of the pandemic, and how it impacted people's mental health as well as their physical health.

“ At that time, I was working in Delaware… then many people were afraid because there were a large number of people, maybe 400 in that plant during the night shift [working together]. Many people were afraid to say, ‘I’m not going to get infected, I can infect my children, my family,’...what we did was take care of ourselves a little more, used more protection, washed our hands well, [and] left my clothes in a place where no one could touch them [after work]” - Josue Morales

Similarly, Juan Flores, a migrant worker from Honduras who works on the Eastern Shore, had similar negative experiences. Unfortunately, when Flores’s wife was pregnant, she almost passed away from COVID-19. Flores took off two months to take care of his wife, but unfortunately they had no savings. This made it extremely difficult to survive because Juan received no paid time off.
“Two years ago [my wife] was seven months pregnant and she got the virus. She was in the hospital for two weeks and on the verge of dying. Unfortunately I gave the disease to her the same time that I got sick, but I did not get as sick as she did… She was in the hospital for two weeks, but thank God we came out okay…I took almost two months off of work to take care of my wife...unpaid.” - Juan Flores

Although David Perez, a migrant worker from Guatemala, did not have the pandemic personally affect his family, the COVID-19 pandemic impacted his job in a multitude of different ways.

“[there’s not many of us that work together], that’s why they didn’t restrict us as much as the large companies that are 10, 12 people, so they couldn’t get together.” - David Perez

POLITICAL AND LEGAL ISSUES
Even though many of these agriculture and seafood jobs on the Eastern Shore are staffed by migrant workers, it doesn't change that they still operate and run like normal businesses. And that includes being affected by the same political and legal issues as many other companies in their field. Now with the added strain of the political and legal issues associated with migrant workers.
Juan Flores explains how policies have been affecting certain prices of materials, leading to limits on investments that companies are making.

“ [Depending on who is in office], big companies don’t like to invest…at times, there have been jobs that close or companies who no longer want to invest because…of the boss’s clients. They say, ‘no, the materials are very expensive, we can’t do anything.’” - Juan Flores
Immigration policies have also affected migrant workers greatly. Father McAndrew, a redemptorist missionary and social director of the Catholic Migrant Farmworker network in Nebraska, has gone into great detail about how the legal systems have changed between the former I.N.S (Immigration and Naturalization Service) program and the current I.C.E (U.S. Immigration and Customs Enforcement) program, as well as the effects of raids on families and communities left behind.

With the stigma that migrant workers have in this country, especially within the realm of politics, it means that there is little incentive for governments to help support the people working these positions. As such, many migrant workers in the Virginia Tidewater area are dependent on the charity of the community around them. The government provides very little assistance to migrant families in need, much less than what workers like Gregorio Hernandez would like.

“they helped us a little… when my wife was pregnant, they gave us a check… just enough for a gallon of milk and a few beans…nobody pays us rent…I work and pay and here we both work.” - Gregorio Hernandez
An unfortunate reality for many migrant workers is the fear of legal trouble while they are in the country. While the focus among politicians is to crack down on illegal immigration, a majority of the workers coming here under H-2B and performing these jobs are doing so legally. That is what these visas are for, so that they can work in America legally. Despite that, proving their legality is a different issue, and is a challenge for those working all above board. And while some migrant workers, such as Hernandez, do not have to worry about legal issues and are fortunate enough to have their own lawyers. However, for many people coming to the United States for work, legal assistance is not an option on account of its high cost.
“I have a lawyer because I want my situation fixed. I want to be legal here, but I don’t have problems. I am happy [here].” - Gregorio Hernandez

BEING AWAY FROM FAMILY
One of the most difficult emotional aspects of being a migrant worker is being separated from family. Josue Morales sends money to his family in his home country of Guatemala while raising his kids in the United States. He explains how difficult it was to make the decision about bringing his kids to the United States while he worked, and how that choice is currently affecting him.

“It was very difficult to make the decision of letting go. My children are going to another country. They are already so used to this life here in this country of the United States. My parents are there, and my family is here. I’m making a life here. Here we are, living. We are maybe not enjoying ourselves to the fullest but living a normal life like everyone else, as an American who can make a life here.” -Josue Morales
Roberto Melendez chose to keep his immediate family in Mexico rather than move them to the United States so that they did not have to uproot their lives like he did. Distance from family has brought on its own unique challenges, such as struggling to make time to speak with one another and find a way to celebrate holidays.
“I speak to [my wife every day]. I call her in the afternoons, leaving work or at night before going to bed. You have to have communication with them at night so that you do not lose it.” - Roberto Melendez

BUILDING COMMUNITIES
To help grapple with the hardships of being away from family, migrant workers have turned to churches as well as community centers to create a sense of belonging and home. When Father Michael Imperial and Kathleen Bredimus began to work together at Migrant Ministries of the Eastern Shore of Virginia, they worked on faith-based programs where migrant workers from all different faiths are able to receive sacraments that are meaningful to them.

Kevin Fallon, a local member of the community, works with Father Michael Imperial to provide spiritual guidance as well as services to migrant farm workers on the Eastern Shore. Both he and his wife travel to the migrant worker camps to mingle and create relationships. This helps the migrant workers feel like they are part of the Eastern Shore community.

“Our primary goal is to bring spiritual services to the camps…. We go into those camps and try to assess their needs and try to provide them, to the extent that we can, anything to make them feel a little bit more like home or at least part of the community.” - Kevin Fallon

Such programs like the mones mentioned are actually doing service, and migrant workers are receiving benefit from it. Take for example, Juan Flores and his wife, who believe that being part of the parish within the community has helped them feel supported. The church has allowed them to participate in retreats that connect them with migrant workers in other communities.

“I’m in a ministry. I’ve been here for seven years. My wife participates in the church here too, she has a position in the church. [We] are very well supported… We do retreats in different communities [as well].” - Juan Flores

WEIGHING OPPORTUNITIES
With all of the troubles that come with being a migrant worker in America, the question remains: why do people come here at all? Is it even worth the trouble? The monetary difference in salary and cost between the United States and places like Mexico is big enough that for many who want to provide for themselves or their loved ones, it is worth the trek and the challenges. Jose Rodriguez, who helps manage a seafood plant in the Virginia Tidewater, remarks on how people on H2-B visas will get to his place of work, and what migrant workers do on their way out of the country.

For Gregorio Hernandez, it came down to opportunity. While the decision to come wasn't made on a whim, it was still happenstance. And the motivating factor was the chance to make a better life for those he cared about outside of Mexico.

“I simply went. I needed the job. I went. I introduced myself, asked whether there was work or not, and they said yes. I searched myself. I came from Mexico to here looking for a better future for myself and my family. That's what I wanted.” -Gregorio Hernandez

Meanwhile for Roberto Melendez, the trip to the United States was a disorienting one, and it took a while for him to get on his feet and in a position he liked. And while that meant leaving his wife and children behind, he decided to power through to earn enough income to make life better for his family for when he eventually returns to Mexico.

“I thought about it for a while, because he told me ‘let's go, so that you can overcome yourself, so that you can get ahead of your problems, your debts and all that.’” -Roberto Melendez

CONCLUSION
Overall, migrant workers across the Eastern Shores of Virginia face a series of challenges once they arrive in the United States. Even after obtaining H-2B visas, workers have combated legal and political issues, and a lack of resources and community, during the pandemic. During these troubling times, workers did not have the comfort of having their immediate family with them a majority of the time. To ease the pain of not having a proper support system while working in the United States, migrant workers form relationships with programs such as Migrant Ministries to create their own sense of community. While overcoming these major barriers, migrant workers have become indispensable players in the United States’ economy and society.

Even though it is the end of the article, it isn't the end of the story! Follow through to see our interactive map and learn more about the people who you just heard from.
Father Michael McAndrew Father Michael McAndrew is a redemptorist missionary and a social director of the Catholic Migrant Farmworker Network. Father McAndrew talks about his path to helping migrant workers and incarcerated people throughout the country. He discusses the types of challenges that he faces with INS and ICE during his work and how his job has evolved over time. Father McAndrew explains U.S. raiding practices and how they affected migrant workers. He further explains ways that the migrant workers overcame struggles caused by the raids.

Below are several excerpts from our full interview with Father Michael McAndrew. Some of these clips were included in our telling of this story, Some haven't! You can view all of our clips below, and the full interview can be located at the bottom of the page.

How One Raid Altered Father McAndrew's Professional Life and Outlook
How the legal system changed between I.N.S. and I.C.E.
The types of challenges faced when working in migrant communities
"Why He Began Working with Migrant Workers"

Full Oral History Interview