Agricultural Personnel Management Program
University of California

10/16/00 News Report -- Tri-City Herald (Kennewick/Pasco/Richland, WA)

HERMISTON, Wash. -- Unemployment is hard on a father with three kids to feed. For an unemployed illegal immigrant, it is all the more difficult.

For three years, Encarnachon cleaned onions at Boardman Food Inc. The 26-year-old laborer, who asked that his last name not be used, talked to the Herald shortly after he lost his job in June and again earlier this month.

With the aid of a translator, Encarnachon claimed he'd been a good employee. But barely a month after his son, Eric, was born, Encarnachon lost his job because he lacked one thing his son possessed -- U.S. citizenship.

As Encarnachon talked about his predicament, a gurgling Eric shoved a dimpled-fist into his mouth and sat on his father's lap. Tilting his head so he could see his first-born son's drooling face, Encarnachon laughed.

But that delight quickly gave way to anxiety when Encarnachon spoke about unemployment.

An estimated 3 million to 5 million illegal residents like Encarnachon live in the United States, said Kelley Slaughter, supervising special agent for the Immigration and Naturalization Service in Portland.

It is her job to identify folks who lack the legal standing to work in this country.

Encarnachon and about 450 other illegal workers were fired from their jobs in June after an INS sweep of 22 businesses in Umatilla County.

Slaughter said INS investigators know that when illegals lose their jobs, they don't usually leave the country.

"We realize they stick around," she said, even though there is little, if any, chance they will be granted legal status.

Close family members, mothers, fathers, sons, daughters, even siblings, who have obtained citizenship can make an application for legal status on behalf of family members. But, Slaughter said, such a process can take years.

One way to get around that obstacle is to marry a U.S. citizen. But Encarnachon's wife is from Mexico. She, too, is here illegally.

It is possible for employers to seek legal status for employees, but approval is typically reserved for folks with highly specialized skills.

"Employers like Intel, Microsoft are granted exceptions. People with highly specialized computer skills. And I have seen legal status granted to specialty chiefs for something like a Thai restaurant. But legal status is not usually given to employees at food processing plants," Slaughter said.

Slaughter said the INS, which quit routinely deporting illegals a couple of years back, is in a no-win situation.

"When we sent them back to Mexico, they'd often end up returning anyway. Now we know they are staying here even though they don't have jobs. I think it's a fault of the system. I don't have an answer for it. I don't think even Congress has an answer for it," Slaughter said.

Roy Stephen, general manager of Hermiston Foods, said the company has replaced most of the workers they lost because of the sweep. But, he added, it wasn't something he wanted to do.

"If we could have, we would've rehired all of them back. But as employers, we couldn't do that," Stephen said.

At least not until the fired workers get their paperwork in order. And, that Stephen said, can be a tedious process.

"The appeals process is long. Something needs to be done to shorten up the whole process," he said.

Employers who depend on seasonal help are often at odds with immigration policies that make it harder to find needed workers. Stephen doesn't shy away from the controversy.

"It's just my personal opinion, but I think the whole system is pretty harsh. I'm hoping for change," he said.

Stephen has seen several former employees around town. He said the company wants to help them obtain legal status as quickly as possible.

"If they needed statements from us as employers, we'd certainly help. I think many of them are in various stages of clearing up their paperwork. But we can't hire them back without it," he said.

That's the message officials at Boardman Foods gave Encarnachon when he wanted to know why he can't have his old job back.

"When I asked for work, the people say I can return to work after I get my papers," Encarnachon said.

It isn't clear from the translator what progress, if any, Encarnachon has made toward obtaining legal status. Meanwhile, he said he goes out and looks for jobs every day.

"I don't know what will happen. Things change. But I hope I can stay here with my family," he said.

If Slaughter's predictions are right, chances are good Encarnachon will land a new job.

"The reality is that what probably will happen is an employer will hire him," she said. "Either because they are an unscrupulous employer who looks the other way or because they aren't trained well enough to distinguish a good green card from a bad one. Either way, he will probably find work.

"Basically, these people are in the country illegally, working illegally. But deporting them doesn't work. I even understand why they return to the United States. I would, wouldn't you?" she asked.