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Farmworker Legal Services of New York, Inc. (FLSNY) is a not-for-profit corporation providing free legal services and legal education to New York's agricultural workers. FLSNY's lawyers and paralegals provide a wide range of legal advocacy on behalf of farm workers.  FLSNY seeks to assure that agricultural employers and housing providers in New York and nationwide comply with the law, that government entities respect farm workers' civil rights, and that the public is educated about farm worker rights under existing laws and the exclusions from existing labor laws that protect other types of workers

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Sow the Seeds of Justice!

 This is not just a catchy slogan – it is a real opportunity for you to make a difference.  You will receive a packet of organic seeds for you to sow your own garden and reap the rewards that grow from your own labor.  Everyday migrant and seasonal farm workers toil in the fields of New York to put food on our table.  Now you can help them by sowing the seeds of justice through a generous donation to Farmworker Legal Services of New York, Inc.  In the next few paragraphs you will learn about some of the people we serve, how the justice system has been turned against them and how your gift can change their lives.  Please give generously.  Our gift to you is this small packet of seeds that will grow into life-giving, healthy plants.  Your gift to us is to cultivate a climate of fairness, justice and hope.


The Domestic Violence Project – the story of one woman:

This is part of M.’s story as excerpted from the U visa/interim relief declaration:
My name is M.  and I am 28 years old.  I was born and raised in Mexico.  I first met my husband, Victor, in 1994.  He was abusive since the very beginning of our relationship…  In Mexico, the police don’t care if a husband beats up his wife.  It’s a family matter, they say.  In 1999, Victor, my daughter and I got to New York.  Because I didn’t speak English and didn’t know anybody, I was even more isolated here than in Mexico.  I worked in the apple fields with Victor, and he made sure that I couldn’t talk to or be alone with anyone else.  He always watched over me.  Every pay day, he took my check and wouldn’t give me any of the money.  He did whatever he wanted to with the money that I earned and I had to ask him for food and other necessary items.  Any time I got sick, he refused to take me to the doctor….


I didn’t know who to turn to for help.  I didn’t have any friends because Victor wouldn’t allow me to, and I didn’t want to call the police because I didn’t speak English, I didn’t think I had rights because I was illegal, and I thought the police here didn’t care about domestic abuse either.  I put up with his treatment silently for years.
The abuse got steadily worse over time.  … I finally told a worker at the migrant clinic about what was going on at home.  I was pregnant with our third child at that time, and the abuse had gotten much worse.  Victor had told me that while I was giving birth to our baby at the hospital, he would run away with our two older children and I would never see them again.  I believed he was capable of doing that.  The worker at the clinic introduced me to the advocates from Farmworker Legal Services.  Since Victor almost never let me leave the house, the clinic arranged for me to meet with FLSNY at the clinic by telling Victor I had a check-up.  The advocates from FLSNY talked to me about domestic violence and told me about my rights and different options that I had.  Because Victor always told me that I didn’t have rights and that I would get deported if I called the police on him, I was totally shocked to hear that I could get help.  They introduced me to the Victim’s Resource Center and discussed with me in more detail what legal help I could get.
 
…I finally gathered up the courage to ask the court for a restraining order against Victor.  Going to court was very scary, especially since the judge asked me about my immigration status.  My lawyer told me that in family court, the judge’s aren’t required to ask about that, but he did anyway.  I told him the truth, that I was illegal.  He told me that while he wasn’t going to report me to immigration; it was possible that immigration could find out about me.  He asked me if I wanted to go ahead with the petition knowing that there was potential for me to get in trouble with immigration.  I told him yes, that I had to continue so that I could be safe from Victor.  The judge gave me a temporary order saying that Victor had to stay away from me and the children. 
 
I still struggle every day with what Victor did to me and our family and I still worry that he might return and start abusing me again.  I’m having a hard time making ends meet, but I know that I’m better off without him.  I just found out that my U visa application got approved, which means that I will get to stay legally in the U.S.  I feel hope for the future and grateful for all of the help that I have received.

Pesticide Education

The seeds we sent you today are organically grown without pesticides.  Seasonal and migrant farm workers who work in the fields of New York are not so fortunate.  Massive amounts of pesticides are used on farms today, exposing farm workers and their families to dangerous poisons.  The pesticides seep into ground water, contaminate the air and soil – affecting all of us.  But for farm workers who are there at the time of application and who take it home on their clothes and shoes are in imminent danger of poisoning themselves and their families.  FLSNY educates farm workers and their families to take steps to minimize their exposure.  FLSNY’s outreach workers teach farm workers and their families about the danger of exposure, how to keep pesticides from entering their home on their shoes and clothes, and the symptoms of poisoning so they can seek medical attention and limit the long-range effects of poisoning.

Trafficking

This story is an example of the clients we meet every day.   Jose is 15 years old and came to this country to help his family in Mexico.  He was recruited from his home town by a man who promised him a steady job with good income.  Jose believed this man and the man helped him cross the border in a truck with 20 other adult workers.  His first week in the U.S. was spent in a trailer in the blazing heat of Arizona.  The conditions were so brutal that Jose jumped at the chance of coming to New York even though he was told the cost of his employment would be certain “fees” related to his transportation and living requirements.  He is never told how much he would have to pay nor is he told how much he would be earning.  He comes to New York and works 15-hour days in the fields.  At the end of the first week he is given a check that works out to be about $3.00 an hour.  He cashes the check with the crew leader who charges him for cashing the check.  He buys his food from the local store and he is left with little money to send home.  After two months he asks how much he still owes and he learns that the amount of the debt is more than he would make for the whole season.
 
When FLSNY’s outreach workers meet Jose, he tells them he is 18 years old because that is what the crew leader has told him to say.  FLSNY’s workers suspect that he is underage and is a victim of trafficking and cultivates a trusting relationship with Jose over several visits to the farm.  Jose finally admits he is 15 and he tells us about his life in the camp and his journey from Mexico.  FLSNY explains to Jose that he is the victim of human trafficking and that there is help and hope for him.  Jose may qualify for the T-Visa that would allow Jose to stay in the US legally and help law enforcement officials to fully investigate the crew leader for human trafficking abuses.

Is trafficking real?

Human Trafficking is present in many forms. It can have the form of sexual exploitation or labor exploitation. It almost always applies to unaccompanied minors. 
 
FLSNY staff has been working with many trafficking victims defined under the Victims of Trafficking and Violence Protection Act of 2000 for the last seven years. Prior to the passage of the federal act we worked with trafficked victims to find other relief under the law. We have initiated several cases involving victims of human trafficking where the victims have received victim certification and T-visas. We are nationally recognized for our work and have been repeatedly asked by organizations throughout the country to present information/training on human trafficking.  FLSNY is a member of several anti-human trafficking coalitions and works closely with the New York State Attorney General’s Office identifying victims under the New York State Anti-Trafficking Act of 2007. In fact, several of our staff worked for the passage of this Act that reinforces and supports the federal law.
 
Additionally, our Domestic Violence Project integrates the work on Domestic Violence with our Anti-Trafficking project to uncover sexual exploitation/trafficking and they are also nationally recognized.
 
FLSNY provides training, accepts referrals and provides either direct legal assistance, or, help find someone who can, on all legal issues involving seasonal and migrant workers.

Wage claims

What would happen to you and your family if your employer withheld your check?  Would you know where to turn?  Would you be able to buy groceries for your family or pay your rent?  This is a familiar dilemma for our farm worker families.  For no good reason and with no explanation many farm workers find that their check is withheld or, even more often, less than they were promised.  Farm workers who find themselves in this predicament turn to FLSNY about their situation.  Often they meet FLSNY’s outreach workers who tell them about their rights to their hard-earned wages and when they find that they are unpaid or underpaid they know who to call.  More often the situation is uncovered during one of the many hundreds of outreach visits FLSNY’s workers make.  Sometimes it takes more than a phone call or letter to the grower to remedy the situation and that is when our attorneys step in and bring the full weight of the law to bear on this unscrupulous practice. 

 
Sow the seeds of Justice! 

Not just a phrase but a real opportunity to bring help and hope to the migrant and seasonal farm worker community.  Now that you have read some of our clients’ stories, we hope you will join us in our work.  Please give generously.
 

 Lew Papenfuse
Executive Director

Here's how you can help:

Send your donation directly to

Farmworker Legal Services of New York, Inc.
1187 Culver Road
Rochester, NY 14609
(585)325-3050
 

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None of the information provided in this web site should be regarded as legal advice. If you need legal advice, you should consult an attorney. Persons who need a lawyer or legal advice should contact FLSNY or their local bar association, legal services program, legal aid society, or public defender.