Senate to consider new migrant labor camp penalties

LANSING – Lawmakers are debating whether to punish property owners who operate a labor camp for migrant farmworkers without a state license.

A bill by Sen. Valde Garcia, R- Howell, would allow fines for unlicensed camps.

"What we want to do is ensure that housing is adequate. It’s my understanding that a number of labor camps are operating without a license,” said Garcia.

Tom Thornburg, an attorney from Farmworker Legal Services, a statewide program that advises and represents farmworkers, said state and federal laws require that labor housing camps comply with minimal health and safety standards.

The problem is that the Department of Agriculture has little recourse when faced unlicensed labor camp. Current law requires it to notify the county prosecutor, who then decides whether to press criminal charges.

"I’ve heard up to 70 percent of potential migrant housing sites are not being licensed. It’s likely that the minimal housing standards are not being maintained in those camps. And there aren’t enough people to go out there and find out if that is even true,” Thornburg said.

Thornburg said that the department had eight inspectors in 2002 and now has four inspectors and one supervisor for the entire state.

Joel Gorch, the Agriculture Department’s program director for migrant labor housing inspection and licensing standards, said families are often evicted before sites are brought up to standards. “Migrants don’t prosecute because they feel they’ll lose their job if they cooperate with us. By giving the department the authority to give fines, we feel we’ll be able to discourage this practice.”

Gorch said the change would alleviate stress on the department to repeatedly inspect sites that refuse to meet licensing standards or follow up on delinquent applications.

The bill would allow a fine up to $1,000 for operating a camp without a license. Each day without a license would be a separate violation, with a $10,000 maximum.

"This would put some teeth into the regulations,” said Garcia.

Thornburg said licensing is important as a matter of economic viability and public health.

"Licensers are public-health licensed sanitarians. The reason is we’re not only talking about the health and safety of the occupants, but if you concentrate people coming from outside of the state, you could develop a public health risk to permanent residents, “ Thornburg said.

The money raised through fines would be earmarked for the Migratory Labor Housing Fund, which offers grants to property owners to improve living conditions of migrant laborers.

Migrant housing exists throughout the Lower Peninsula at approximately 870 licensed sites with 4,000 living units to accommodate 23,000 people.

Gorch said nobody knows how many migrant farm workers are in the state, but estimates range from 45,000 to 65,000. That number does not include farm workers who reside in Michigan year round.

The health code defines a labor camp as a property or a structure occupied by five or more migratory laborers engaged in agricultural activities.

"This could mean that a family of 10 could be living in a unit with four workers, and it would be out of our jurisdiction,” Gorch said. Last year, the department responded to 80 complaints concerning labor camps.

Gorch said the majority of licensed camps are in the western part of the state, but unlicensed ones are found throughout the Lower Peninsula in rural and urban areas.

"Each year we learn of migrant farm workers, often families, living in unlicensed housing. We get referrals or complaints from township officials, neighbors or other agencies,” he said, adding that families are often housed in dilapidated farmhouses, derelict mobile homes or barns.

Gorch said derelict and unlicensed units are the exception in the agricultural industry.

"Most of our farmers have high regard from their workers and families, and the housing often exceeds the standards,” he said. “Many have wonderful working relationships.”

The legislation has passed the Senate Health Policy and Agriculture, Forestry and Tourism committees and awaits action by the full Senate.