In the past two years, an estimated 400,000 migrant children have passed through the US border (NYTimes, CNN). Over 85,000 are missing in the system, and illegal child labour might be the answer to their whereabouts.
In 2008, American initiatives cracking down on global child trafficking led to the passing of a Federal US law called the “William Wilberforce Trafficking Victims Protection Action Act.” Well-intentioned with little opposition, the law sought to protect children from sex trafficking by holding full immigration hearings for all unaccompanied youth arriving at the US Border. These hearings would confirm the safety of the child and decide whether they would receive asylum in the U.S. or be turned back (CNN). Fifteen years later, this law has contributed to a massive and hidden surge of child labour in the United States.
An Overwhelmed Immigration System
The first explanation for how the 2008 anti-sex trafficking law led to rampant child exploitation begins with the loophole it created for poverty-struck Central Americans. Due to the massive backlog in the immigration court system, years can pass before a child is given a date for their asylum hearing. Rather than detaining children at the border, the Federal Department of Health and Human Services (H.H.S.) was tasked with placing children with a family member or safe adult during the waiting period. Insufficient funding and staffing prevents federal agents from taking the time to track down every child who misses their court date. This “immigration limbo” appeared to be a solution for families suffering in poverty during the post-pandemic Central American economic crisis. By sending their children across the border, they might have a better life and even be able to support their relatives back home financially. This phenomenon is called “voluntary family separation” and has contributed to 400,000 children arriving at US borders since 2021.
An unprepared and underfunded Department of Health and Human Services struggled under these unprecedented amounts of migrant children. The cost? Safe placement of children. To prevent overwhelming immigration shelters, children were rushed out of the shelter without proper checking of their sponsors. Children began to be assigned to adults who lied about their identities, or were suspicious of plans for exploitation. Some sponsors take on up to 13 children, trafficking these children into full-time jobs under the promise of education and safety. The children have little-to-no means of contacting H.H.S. for help when they find themselves in such positions, besides a hot-line number. Unwilling family members without the capacity for proper care were also tasked with the job, further encouraging their new wards to get jobs to help with the costs. The H.H.S. officials claimed to not be responsible for what happened to children after release, arguing that the Labor Department monitored workplaces and their audits should be tracking migrant exploitation. Although expected to call each minor one month after placement, data revealed that the H.H.S. lost contact with one-third of the children in their system (Hannah Drier, NYTimes) In 60 interviews with H.H.S’s welfare agents, nearly all estimated that most unaccompanied children ended up working full-time positions. While White House spokespeople promised to increase the force of both the H.H.S’s sponsoring process and the Labor Department’s scrutiny of workplaces, no answer was given on why they did not react to signs of exploitation that had been reported for the past decade (Hannah Drier, NYTimes).
The Exploitation within Migrant Communities
Before accusing the short-sightedness of the Labor Department’s audits, it must first be asked: Who is allowing these children to be initially employed in unsafe conditions? The blame is multi-handed. Many sponsors are aware of the dire economic situation, and want to help the child achieve their goal. Although the H.H.S. requires sponsors to promise education for the child and abide by child labour laws, many immediately help the child get a full-time job so they can support their family across the border. Schools in highly industrialized migrant communities, called “Migrant Clusters”, also turn a blind eye to exhausted and injured children, arguing that silence helps them more than whistleblowing.
Companies in the production and meat industry are those who benefit enormously from the desperation of unprotected migrant children. Studies have shown that many American adults are hesitant to accept meatpacking or factory jobs due to low pay and grueling conditions, such as 12-hour overnight shifts and demeaning tasks (Luckstead et al., 2022). The solution is turning a blind eye to the employment of children in these undesirable positions.
“They help us…and we help them.” This was argued by Miguel Cobo, assistant manager of Perdue’s sanitation services, after Perdue Foods came under fire for the maiming of Marcos Cux, a 14-year-old who nearly lost his arm during his night shift at one of their slaughterhouses. This is not an uncommon sentiment, as slaughterhouses across America largely employ work-seeking migrant children as young as 13 for their overnight sanitation processes. Such a job exposes children to unsafe chemicals, acid burns, and requires them to stick their arms into conveyor belts intended to tear apart meat cuts. Migrant children endure these jobs out of the necessity of providing for their families, forging their way into positions in local factory branches willing to cover up the violations for the sake of the mutually beneficial relationship.
The dynamic of these towns hovers delicately between exploitative companies and desperate children, with neither eager to draw government attention.
Missed Exploitation in Workplace Audits
Government attention would primarily occur through the process of workplace audits. American Federal Laws put in place to uphold Children’s Rights strictly prohibit children from night shifts or shifts longer than 3 hours on school days. Federal Laws also prohibit adolescents from dangerous jobs, such as those with high chemical exposure or heavy machinery. However, audits commonly fail to detect these child labour violations occurring in factories and sanitation services for slaughterhouses. There are several reasons for such dangerous oversight. Firstly, many children work the night shifts so they can attempt to receive an education during the day. Since audits largely occur during day shifts, federal agents fail to spot child laborers. Even if they did, many children speak Spanish or languages indigenous to Central America, meaning they could not communicate with a suspicious auditor. A lack of funding for the Labor Department means that Auditors rush through checks in a matter of hours, and rarely check a single factory more than once. A 2021 analysis from Cornell found that nearly half of 40,000 audits relied on forged or dubious documents. Many auditors certify factories but admit that they could not be certain that there was not a Children’s Rights Violation. A final cause for concern is the data demonstrating that fewer violations are flagged when companies pay the auditor’s bill.
The Consequences of Blindsight
The consequence of cracks in the system rarely impacts large companies. The thinly stretched American Immigration System and the coupled Central American economic crisis puts enormous weight on migrant children. These children are separated from family and burdened with financially supporting them. Lacking guardian and governmental support, numerous cases exploding across America have begun to expose what happens to the missing migrant children.
Schoolteachers in Migrant clusters report students passing out due to exhaustion during classes, dropping out due to the physical demands of their jobs, and displaying severe injuries such as acid burns.
One 13-year-old, Kevin Tomas, was sent to a local manufacturer for Ford, where he struggled under physical labor during the night shift. He was unable to stay awake during classes, eventually forfeiting the attempt altogether.
Doug Gilmer, from Homeland Security, reported finding children aged 12 and 13 working in meat plants and suppliers for brands like Kia and Hyundai.
Nery Cutzel was placed with a non-family sponsor at 13, who threatened him with his living costs, and immediately forced him into a full-time job.
With thousands of cases such as these, death due to illegal child labor is increasingly common. Reports detail legs being torn off in factories, spines broken from unsafe roofing jobs, and bones crushed from cattle at meat farms. Despite the growing awareness of exploitation in major US corporations, little change has been enacted.
The Fight for Children’s Rights
“Children around the world, regardless of where they are from and why they have left their homes, should be treated the same.” This sentiment has backed much of UNICEF’s perspective in the fight to support migrant children in the US, and globally. Another statement given by UNICEF USA about the migrant crisis stated:
“A child is a child first and foremost, regardless of their migration status. In accordance with international law, UNICEF urges all governments to guarantee that uprooted children have access to asylum procedures in a timely manner, no matter how they enter the country.”
With such statements, UNICEF USA has put pressure on Congress to prioritize the violation of Children’s Rights occurring under their noses. In terms of practical support, UNICEF assists the immigration shelters where migrant children first arrive via shelter funding and hands-on volunteers. Even as many turn a blind eye to the exploitation of migrant children in the US, UNICEF continues to advocate that each child deserves safety, education, well-being, and the simple privilege of being a child; regardless of their legal status or origin.
For further information and official stories of these children, I recommend reading articles by Hannah Drier of the NYTimes. Much of the data in this blog is based on her interviews and findings. For the past 1.5 years, she has been investigating the issue of child exploitation in industrial areas and offers a more in-depth understanding of this complex issue. Stories of children like Marcos Cux and Kevin Tomas, along with their interviews, are given the honor of being heard in her articles.
Written by Ariel Bussani
SOURCES
UNICEF-SOURCES
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