Former New Bedford Factory Owner Settles Class Action Lawsuit with Workers; Many Deported Others Seeking Asylum

New Bedford MA - The federal government and lawyers working with hundreds of undocumented workers many of whom have been deported to their native countries in Central America reached a financial settlement in a class action lawsuit this week with the former owner of a factory in New Bedford. Francisco Insolia former owner of Michael Bianco Inc. and the factory where military apparel is sewn together for soldiers serving in the U.S. Army was charged with setting up a paper-only corporation in order to avoid paying his workers for overtime. Some worked as many as 16 hour days in the factory. In March 2007 U.S. Immigration and Customs Enforcement - the primary investigative wing of the Department of Homeland Security - raided the factory and arrested and detained nearly 400 undocumented workers. Since then attorneys with Greater Boston Legal Services and other local agencies have been helping close to two hundred of the workers many of them women with children who are seeking visas to stay in the United States. Several years ago Michael Bianco Inc. won a multi-million dollar contract from the Department of Defense to make vests and backpacks for military personnel serving in Iraq and Afghanistan. In a separate case which concluded in federal district court recently Insolia plead guilty to charges he employed undocumented immigrant workers. According to published news reports Insolia’s punishment includes 12 to 18 months in prison and $2 million in fines. The $850 000 award arising from the class action suit will benefit more than 750 workers employed at the plant over several years. Distributing the money including to those deported in the past two years to Mexico Guatemala El Salvador and Honduras will be the responsibility of Greater Boston Legal Services and the U.S. Department of Labor. The majority of workers should receive amounts ranging from 2 to 5 thousand dollars. Contemplating the settlement during a phone interview this week Father Marc Fallon of Catholic Social Services in New Bedford said “it was something that was due to them [the workers] and we completely understand and respect the attorney’s decision to pursue a settlement.” However he pointed out the money is “a consolation for lack of a better term for the workers who were deprived I imagine in some cases of far greater wages than many of them will receive.” Fallon has been a tireless advocate for the workers testifying on their behalf many times; including during hearings at the Massachusetts State House this past April sponsored by the National Commission on ICE Misconduct an investigative committee established by the United Food and Commercial Workers International Union. ICE has been accused by Fallon and others of using extraordinarily harsh tactics against people during raids of factories and other workplaces. Asked whether he thought the incoming president would make a change in the way immigrant workers are treated Fallon said he considers Barack Obama someone “who is aware of the humanitarian abuses that are around presently and someone who has a proven record as a legislator in the state of Illinois and briefly in the Senate who I believe has the capacity to get some legislation through...so yes we do have hope.” Of the more than one hundred asylum cases being handled currently by Greater Boston Legal Services immigration unit lead attorney John Willshire-Carrera says he believes many of the workers seeking refuge in the U.S. have strong arguments to make. “They are children of the wars [in Central America] in the ‘80’s and they suffered a lot as children and their families have been targeted since as have they.” He said a few already have been granted asylum including several minors and others who were granted work authorization while their cases are pending. “The immigration court obviously has got a long docket ” he added “so it’s taking a while for these cases to get through right now.” Willshire-Carrera said most of the workers who were detained then released are back living in New Bedford but that life has not returned to “normal.” Many he said are “concerned afraid of being removed. A number of them have work authorization but all of them don’t… and so until it’s over it’s a long journey for them.” “What happened in New Bedford hasn’t gone away “ says Eva Millona Executive Director of the Massachusetts Immigrant and Refugee Advocacy Coalition based in Boston. “The consequences of it are still there; families being apart and many individuals still have pending cases and some or many of them face deportation ” she added. “So the issue hasn’t gone away but certainly the settlement will help families to survive.” Bookmark/Search this post with: Delicious Digg StumbleUpon Reddit Newsvine Facebook Google Yahoo Technorati