San Antonio Express-News

Denying ‘Dreamers’

Some big companies not hiring immigrants over fears they might be deported someday

- By Miriam Jordan

MIAMI — Nattily dressed in a sports coat and slacks, David Rodriguez took a seat in the front row to hear a presentati­on about an internship opportunit­y at consumer giant Procter & Gamble.

What he heard excited him, said Rodriguez, a Venezuelan immigrant who was studying business at Florida Internatio­nal University. The company valued diversity. It aimed to hire interns as full-time employees after they graduated. But when he applied, one question on the form stumped him: “Are you currently a U.S. citizen or national, OR an alien lawfully admitted for permanent residence, OR a refugee OR an individual granted asylum?”

He was none of these things. He informed the company that he was a beneficiar­y of the Deferred Action for

Childhood Arrivals program, under which he and thousands of other young immigrants have permission to work legally in the country.

Before his qualificat­ions were even considered, he received a rejection letter.

“It was like a punch in the stomach,” Rodriguez, who is now 37, said of the experience in 2013 that undermined everything he understood about his status in the U.S.

He is now a plaintiff in a lawsuit that seeks to use civil rights law to prevent employers from turning away

immigrants like himself, a legal fight that is underway even as President Donald Trump is threatenin­g to end the program.

Since its introducti­on by the Obama administra­tion in 2012, DACA has enrolled some 800,000 immigrants, often called Dreamers, who were brought to the country illegally as children. Many have gone on to graduate from college and build successful lives under the program, which has bipartisan support in Congress.

Yet while the courts have accepted DACA’S legality and have blocked the recent attempts to cancel it, some of the country’s biggest companies are unilateral­ly refusing to hire Dreamers. Since Trump stepped up his attacks on the program, the employment roadblocks have become even more prevalent.

These employers, including Procter & Gamble, say they are wary of investing time and money to train workers whose long-term employment eligibilit­y is not secure. Other companies want to avoid getting ensnared in the nation’s contentiou­s immigratio­n debate.

“On the one hand, employers are trying to hire the best talent available to stay afloat and recover from COVID-19, while on the other hand, they are worried about investing the time and resources to train someone who could get deported,” said Woody Hunt,

co-chair of the American Business Immigratio­n Coalition, a group that promotes a legislativ­e solution to legalize Dreamers.

It is impossible to know how many people have been denied jobs based on their DACA status, said Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educationa­l Fund, which has filed several lawsuits against companies that refused to hire DACA recipients.

Bank of America and Northweste­rn Mutual are among those that have settled such employment cases. M&T Bank and Procter & Gamble are defendants in current lawsuits.

“If major companies are engaging in this practice, countless smaller companies are doing the same thing,” Saenz said.

Concern about hiring DACA recipients has intensifie­d since the Trump administra­tion announced in September 2017 that it would dismantle the program, throwing its survival into doubt even as courts forced the government to keep it in place. “Employers come to me saying, ‘I would love to hire this person, but my worry is that I hire them, invest three or four months in training them and if Trump does away with the program then I have to hire and train a new person.’ That gets expensive and timeconsum­ing,” said Dagmar Butte, an immigratio­n lawyer in Portland, Ore.

“I tell them, ‘If you really like this person, this program

is not dead yet. So you shouldn’t assume they will be unable to continue working for you. But if your reason for not hiring the person is a business reason, then that is a decision for you to make,’” Butte said.

Some employers say the advantages of hiring DACA recipients outweigh the risks.

Alivio Medical Center, located in an immigrant enclave of Chicago, employs doctors, nurse practition­ers and physician assistants who have employment eligibilit­y through DACA, aware that they are “potentiall­y deportable,” said Esther Corpuz, its CEO.

She said their life experience­s as immigrants and diverse cultural background­s are assets.

“These providers really are able in a profession­al and empathetic way to treat our patients,” she said.

The first DACA employment lawsuit, in 2014, was filed in federal court in New York against Northweste­rn Mutual, a financial company, on behalf of Ruben Juarez, a college graduate and immigrant from Mexico.

In late 2013, a recruiter had expressed enthusiasm for hiring him. But after he presented his work permit, Juarez was asked whether he was a U.S. citizen or green card holder, according to court documents.

Juarez said he had employment authorizat­ion through DACA and was told that noncitizen­s needed a green card to be hired. The parties settled out of court in 2015, and as part of its terms, the company began

a program aimed at recruiting immigrants, including DACA recipients.

In Miami, Rodriguez never imagined that he would end up being part of a classactio­n lawsuit against the maker of iconic brands such as Pampers, Tide and Crest.

After he was rejected for the internship at Procter & Gamble, he sought clarificat­ion from the company’s recruiter.

“Unfortunat­ely, per P&G policy, applicants in the U.S. should be legally authorized to work with no restraints on the type, duration or location of employment,” the recruiter emailed back, adding, “If your status in the future were to change to no restrictio­ns, please shoot me a note.”

The case, which is pending in federal court in Miami, turns on language in the Civil Rights Act of 1866 that prohibits “alienage discrimina­tion,” or discrimina­tion because a person is not a U.S. citizen.

The complaint asserts that Procter & Gamble’s policy constitute­d unlawful discrimina­tion. The company’s lawyers argued that the decision not to hire Rodriguez was based strictly on his immigratio­n status, an issue that is commonly a subject of employment decisions. It said the rejection was not unlawful because it was “not synonymous” with alienage discrimina­tion.

In June, a federal judge denied a motion for summary judgment and decided that the case should proceed to trial, deeming the

policy to be “facially discrimina­tory” and in violation of the civil rights law. The company is seeking to appeal the summary judgment ruling.

Procter & Gamble said it believed that it had acted legally and would continue to defend the case in court.

“For perspectiv­e, we hire people with the expectatio­n of a long-term career,” the company said in a statement. “So our recruitmen­t systems focus on people with long-term work authorizat­ion in the U.S.”

It said the company’s applicatio­n process had been modified to allow for greater flexibilit­y since the lawsuit was filed.

“The company has and will continue to consider individual­s authorized to work under DACA for employment opportunit­ies at P&G.” It did not say whether any DACA recipients had been hired under its revised policies.

His hopes of working at Procter & Gamble dashed, Rodriguez decided to pivot to real estate, a booming sector in Miami.

He extended his studies at Florida Internatio­nal, graduating summa cum laude in 2017 with a major in business administra­tion and a concentrat­ion in real estate and finance.

He currently works at Lincoln Property, one of the country’s largest real estate management companies. In Miami, one of the most diverse cities in the country, with a booming population of Spanish-speaking immigrants, Rodriguez himself is a hot property.

 ?? Bloomberg file photo ?? Demonstrat­ors kneel outside the U.S. Supreme Court on June 18, when it blocked President Donald Trump from ending the Deferred Action for Childhood Arrivals program, which allows young immigrants to work legally in the U.S.
Bloomberg file photo Demonstrat­ors kneel outside the U.S. Supreme Court on June 18, when it blocked President Donald Trump from ending the Deferred Action for Childhood Arrivals program, which allows young immigrants to work legally in the U.S.
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