Unions review impact of immigration reform

AFL-CIO pamphlet on the Immigration Reform and Control Act (IRCA) passed in 1986.

The AFL-CIO published this information for unions and workers in the wake of the Immigration Reform and Control Act (IRCA) of 1986. The law created a process for many undocumented residents to regularize their status, and the pamphlet highlights organized labor’s role in helping “undocumented workers attain legal status and prevent discrimination by employers.” In Los Angeles, the Labor Immigrant Assistance Project (LIAP) supported workers’ amnesty applications, and the California Immigrant Workers Association (CIWA) served as a general union for immigrant workers without collective bargaining in their workplaces. IRCA also created a new federal prohibition on hiring undocumented workers, something immigrant rights advocates and organized labor in Los Angeles had strongly opposed, but the national AFL-CIO supported. The AFL-CIO abandoned this policy in 2000. View the Document.

CODIL General Assembly, June 1978

CODIL meeting announcement June 1978
Los Angeles activists announce a meeting to recruit factory-based committees to defend immigrant workers against raids by immigration authorities. Courtesy of the Department of Special Collections, Stanford University Libraries

After years of fighting deportation sweeps in Los Angeles, activists associated with the Centro de Acción Social Autónomo (CASA) formed special committee to address workplace raids by the INS and to advocate for the rights of undocumented workers generally. The Comité Obrero en Defensa de los Indocumentados en Lucha (CODIL, or in English the Workers Committee in Defense of the Undocumented in the Struggle) joined with the National Lawyers Guild (NLG) and a group of unions in an ad hoc Labor Immigration Action Center to coordinate immigrant organizing and legal defense.

On May 17, 1978 an election among over 700 workers at the Sbicca shoe factory in El Monte resulted in a narrow loss for the Retail Clerk’s union. The union filed objections contesting the result, but the next day immigration agents arrived at the plant and ordered the immediate deportation of 120 workers. CODIL charged the raid “was carried out in a selective manner looking principally for those who supported the union” and then pressuring workers to sign voluntary deportation orders even after they requested a lawyer. As the workers were aboard buses en route to the border, the union appealed for help from the Labor Immigration Action Center. Lawyers with the NLG filed suit in federal court and secured a temporary restraining order halting the deportation until the workers could have individual hearings. The legal victory energized immigrant worker advocates and encouraged progressive unionists. For a time, the number of factory raids and worker deportation dropped significantly.

Following the victory at Sbicca, CODIL activists recruited participants in workplace committees through regular meetings held at the Peoples College of Law near MacArthur Park. The committees aimed to organize nonunion workers and also to challenge existing unions to defend immigrant workers. CODIL identified their membership as those who “have been deported repeatedly because we have claimed our rights in front of the exploiting bosses.” CODIL trained workers to assert their constitutional rights during raids, and encouraged unions to write into their contracts protections against workplace raids and the right of workers to return to work after deportation.

CODIL Asemblea General, from the papers of CASA-HGT, Box 32, Folder 4. Courtesy of the Department of Special Collections, Stanford University Libraries.

RUHLOW, JERRY. “Unionist Promises to Assist Illegal Aliens: Organizer Would Fight Deportation If Workers Sign Contract.” Los Angeles Times (1923-1995); Los Angeles, Calif., March 11, 1979, sec. PART II. https://search.proquest.com/hnplatimes/docview/158744564/abstract/CFFCB59967914AB6PQ/10.
Goodman, Adam. The Deportation Machine: America’s Long History of Expelling Immigrants. Politics and Society in Modern America. Princeton: Princeton University Press, 2020. https://muse.jhu.edu/book/73241/.

Claiming the right to full union membership

ACLU News Release: Ruiz v. HERE Local 11
In the 1970s, rank-and-file activists found common cause with progressive legal groups like the ACLU. Daniel Ruiz, an immigrant member of HERE Local 11, sued to win the right of non-citizens to hold office in the local union.

In 1978 members of HERE Local 11 launched a campaign to unseat long-time union leader Andrew “Scotty” Allan. United Workers of Local 11 ran a multiracial slate of men and women committed to greater member participation in the 20,000 member union. Their candidate for the office of secretary-treasurer was Daniel Ruiz, a resident immigrant and respected leader among the workers at the Hyatt hotel. However, the election committee of Local 11, citing the constitution of the international union, declared Ruiz ineligible for office because he was not a U.S. citizen.

Daniel Ruiz (1978)

“Denying non-citizens the right to run for office means, in effect, that the Spanish-speaking majority is without representation, without equality under the law, and that the minority of the membership exercises all decision making powers while the majority is left out.”

Daniel Ruiz

With the help of the ACLU of Southern California, Ruiz and his allies sued Local 11 for violating Ruiz’s right to full participation in the union and other members’ right to nominate the person of their choosing. The union’s election committee quickly backed down and allowed Ruiz’s nomination. Although United Workers of Local 11 did not win the election, members of the union continued to demand a more responsive union leadership. Following the 1978 lawsuit Local 11 began translating contracts and other key documents, but the English-speaking members who dominated union meetings routinely voted down proposals for simultaneous translation of meetings. In 1985, the Mexican American Legal Defense Fund filed a lawsuit against Local 11 on behalf of two members demanding full translation of meetings, and in 1987 a judge ruled in their favor. A year later Scotty Allan was out of office.

Download the Press Release. Download Ruiz’s statement. From the papers of the ACLU of Southern California, box 826 folder 6 and box 665 folder 3. Library Special Collections, Charles E. Young Research Library, University of California, Los Angeles. Learn more about UNITE HERE Local 11.

Luther, Claudia. “Denial of Union Offices to Noncitizens Challenged in Suit.” Los Angeles Times (1923-1995); Los Angeles, Calif., April 8, 1978, sec. PART ONE. https://search.proquest.com/hnplatimes/docview/158582821/abstract/FDC4B54C3CCD4543PQ/1.
Hernandez, Marita. “Latinos Fight for Clout in Restaurant Union Local: UNION: Latinos Wage Fight for Clout in Local.” Los Angeles Times (1923-1995), August 20, 1985, sec. Part II. https://www.proquest.com/hnplatimes/docview/154317236/abstract/EFD3118D4A044723PQ/1.

ACLU News Release: Loya v. INS

Responding to “dragnet” deportation raids in Latinx communities, the ACLU sued the INS in 1973, which became the case Loya v. INS.

In 1972-73, the Immigration and Naturalization service carried out widespread raids on workplaces, businesses, and homes in Los Angeles. The American Civil Liberties Union (ACLU) of Southern California, in collaboration with the Center for Autonomous Social Action (CASA) and other allies in the Latinx community, filed suit to stop the raids–a case that became known as Loya v. INS. Founded in 1968 and led in its early years by Bert Corona, CASA provided social and legal services to undocumented immigrants, trained them to assert their rights, and supported unionization efforts. As this press release details, the ACLU charged that the INS was using “terror methods,” and targeting everyone with a “Latin appearance” including U.S. citizens. The Loya case was an early episode in a long-running battle between legal advocates and immigration officials. Download the Document.

Fanucchi, Ken. “Valley Gets Program to Aid Aliens.” Los Angeles Times (1923-1995); Los Angeles, Calif., August 1, 1972, sec. SAN FERNANDO VALLEY. https://search.proquest.com/hnplatimes/docview/157107302/abstract/B5423FA65BD74986PQ/50.