California is celebrated for its progressive policies. Yet, thousands of temporary migrant workers continue to face wage theft, exploitation, and human trafficking. Advocates and lawmakers are rallying behind Assembly Bill 1362, also known as the Human Trafficking Prevention and Protection Act for Temporary Immigrant Workers, to change that.
The bill, introduced by Assemblymember Ash Kalra, and supported by Freedom United, Sunita Jain Anti-Trafficking Initiative, Justice at Last, Pilipino Workers Center of Southern California, the Coalition for Humane Immigrant Rights, Farmworker Justice, Bet Tzedek Legal Services and Santa Clara County Wage Theft Coalition, would require all contracted foreign labor recruiters to register with the state and follow rules designed to protect workers from exploitation.
A system ripe for abuse
Temporary migrant workers in California are particularly vulnerable to labor trafficking. Many arrive in the US indebted to foreign labor recruiters who charge them exorbitant fees. This malpractice then traps them in cycles of debt bondage.
Krysta Bisnauth, the Advocacy Manager at Freedom United, shared the harrowing example of Angela’s experience in an interview for Peninsula 360 Press:
“She had come from the Philippines to work at an elderly care facility. She was told that she needed to pay back $12,000 in recruitment fees. She was basically trapped for two years. She was threatened with deportation if she tried to leave, and she was only rescued by the FBI because neighbors noticed that she was never not working.”
Despite existing laws, many migrant workers remain unprotected. California’s Senate Bill 477, passed in 2014, requires foreign labor recruiters to register with the state and follow worker protection standards. However, according to Bisnauth, it only covers about 3% of all temporary migrant workers in the state.
“Tens of thousands of workers are currently being set up for wage theft, debt bondage, and trafficking while California looks the other way,” she said. “The current law cannot protect against unfair and unscrupulous recruiters, so a lot of the forced labor is actually occurring at the point of recruitment, which might be somewhere like Mexico or the Philippines.”
Legal experts and advocates weigh in
Legal professionals and human rights advocates agree that stronger protections are urgently needed.
Professor Stephanie Richard, Director of the Sunita Jane Anti-Trafficking Institute at Loyola Law School, emphasized how widespread labor trafficking is among temporary visa holders:
“Our data showed us that two-thirds of the individuals we are serving were coming on these temporary work visas. Fraudulent foreign labor recruiters promise workers jobs, but these promises often lead to exploitation and labor trafficking.”
Ramsey Judah, an immigration and civil rights attorney, highlighted the unethical practices of recruiters:
“A lot of people don’t know that these middlemen take advantage of workers by making them sign contracts in languages they don’t understand. There’s a lot of predatory employment that goes on.”
Assembly Member Ash Kalra reinforced the need for accountability:
“The bill essentially requires foreign labor recruiters to register with the state and ensures that they provide information to the workers about what their rights and responsibilities are. We want to hold accountable foreign labor contractors who take advantage of workers.”
Challenges and opposition
Despite strong support from labor and human rights advocates, the bill faces significant challenges. Governor Gavin Newsom vetoed a nearly identical bill in 2022. The Western Growers Association, a powerful business group, has historically opposed such measures, arguing they could slow hiring and increase costs for agricultural businesses reliant on migrant labor.
Kalra remains determined:
“This bill has been tried a couple of times. It’s been vetoed before. But at the end of the day, you have to pick what side you’re on. Are you on the side of workers, or are you on the side of those who exploit them?”
Stephanie Richard also acknowledged the opposition:
“This is good policy, but there is a large lobby that benefits from exploiting labor. We hope the governor will hear our message that this bill protects workers, immigrants, and ethical businesses alike.”
The call to action
Freedom United is calling on the California State Legislature to amend Senate Bill 477 to extend protections to all migrant workers, regardless of visa or industry.
“We won’t stop until all migrant workers are safe from exploitation. California must take the lead in protecting the rights and dignity of these workers,” Bisnauth stated
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