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This May 1st marks International Workers’ Day, and at Centro de los Derechos del Migrante, we want to share and celebrate with all migrant workers the accomplishments that they have achieved during years of fighting for better working conditions for all migrant workers in the United States.

We remember that Workers’ Day originated on May 1st, 1886, when workers in Chicago protested to demand the reduction of the workday to eight hours, compensation for workplace accidents, the elimination of child labor, regulation of women’s work, and dignified and safe working conditions, among other things. Over time they achieved some changes based on their demands, like: having a maximum workday of eight hours daily or seven hours for night shifts, the prohibition of unsafe or dangerous jobs, the prohibition of child labor (under age 14), a day of rest for six days of work, protection for pregnant women, equal salary for the same work (regardless of sex or nationality), sufficient minimum wages, double pay for extra hours worked, obligatory training for workers from their companies, safe, preventive and clean facilities, the right for workers to strike, and the right for workers to organize to defend their interests, ie. to form a union. 

After this demonstration, the involved organizations and their affiliates decided to publicly commemorate May 1st as International Workers’ Day beginning in 1913. Currently, the commemoration of May 1st is a reminder that the fight for better working conditions continues. For CDM, it represents an opportunity to recognize changes and labor improvements and acknowledge that it is necessary to continue supporting the collective action of migrant workers. While constantly seeking access to justice and to create dignified working conditions, we have centered our efforts on closing the gaps of power between workers and employers, searching for opportunities to eliminate the border as a barrier to justice. 

Some concrete actions include: 

• In 2015, activities were completed alongside the Migrant Defense Committee, a group of workers, ex-workers and their families that fight within their communities of origin and destination in the United States to improve conditions and achieve changes in the temporary work visa program. Thanks to their efforts and fight, rules for the H-2B program were won in 2015, including; 1) the right to a contract: every worker has the right to receive a copy of the job order in a language they understand before beginning the job, 2) the employer has a responsibility to demand that its recruiters do not charge a recruitment fee to workers, 3) each person who works with an H-2B visa has the right to the ¾ guarantee, 4) receive reimbursement for the original trip cost upon completing 50% of the work outlined in the contract and receive the reimbursement for the return trip upon completing the contract.

• In 2020, we celebrated the announcement of another achievement, related to changing employers, a need of thousands of workers who wanted to change their job or employer because of labor rights abuse but without losing their status or having to return to their communities of origin. The portability rule, approved in 2020, gave them this opportunity, which means that any worker with an H-2B visa who wants to change their employer can do so. You can learn more about the requirements and this rule here.

• Remember the 3 desired changes for the H-2A visa? There were beneficial changes in 2022: 1) more protection for the housing of workers with H-2A visas, 2) the rule limits the cost of food that employers can charge workers if employers provide food, and 3) it obligates employers to keep a record of worker reimbursements.

• Finally, in 2023, we achieved migration relief - deferred action, a tool for anyone who is afraid of retaliation if they denounce an abusive employer. Deferred action can help protect workers when they complain about violations of their workers’ rights, while providing people with some migration protections and a permit to work with another employer. Through this, they can safely stop working with an abusive employer without fear of suffering retaliation or losing their opportunity to work. 

Thank you to all of the migrant workers who have decided to raise their voices and fight alongside CDM to achieve these great changes. Since Centro de los Derechos del Migrante was founded, it has trained more than 38,155 migrant people about their labor rights and health. CDM’s team has reached workers in more than 332 communities of origin and we have supported the recuperation of millions of dollars of wages for workers. 

Contact Centro de los Derechos del Migrante and be part of the change: 

From the United States call 1 855 234 9699 and from Mexico call 800 590 1773. You can also contact us through covid-chat.org, from Monday to Friday between 9am and 5pm. Join the fight! 

Visit us on Facebook, you can find us as Contratados.