TED Case Studies

 Mexican Labor Importation

  I. Identification

1. The Issue

The Labor Importation Program of 1942-1964 (better known as the "Bracero program") was a carefully negotiated, bilateral labor agreement between the Mexican and U.S. governments.  While the program was aimed at procuring badly needed laborers for U.S. farmers, it also intended to ensure the basic needs of temporary agricultural workers as dictated by Mexican law.  This web page will present the case that due to the clout of U.S. agriculture, Congress weakly enforced the law and purposely ignored violations of the program ranging from violations of basic human rights to the influx of massive illegal immigration.  Although civil rights groups, church organizations and labor unions opposed the measure (for albeit distinct reasons) long before it ended in 1964, a decrease in the U.S. farm population as well as farmer dissatisfaction with the program was needed to bring it to an end.  From the beginning, U.S. agriculture lobbied against government regulation and monitoring of living conditions, minimum wages and various other safeguards put in place on behalf of migrant laborers.  With the Bracero safety net out of the way, U.S. farmers could, as they do today, continue enjoying plentiful, willing, if illegal, workers at dramatically lower cost.

2. Description:

In order to understand what motivated the Roosevelt administration to begin indirectly subsidizing farmers with a guaranteed, inexpensive labor force in 1942, we must consider both the composition of the U.S. economy and the influential events that shaped that society.  First, the United States had many more people directly dependent on agriculture than it does today.  According to U.S. Department of Labor statistics for 1942, the U.S. farm population accounted for roughly 22% of the total.  The year that the LIP was terminated only 6.8% of Americans were dependent on farming.1  Today that number is around 3%.2More farmers in the economy meant more agriculturally sensitive constituents in congressional districts, making farming a much more influential interest group on Capitol Hill.

Second, the United States was deeply entrenched in WWII.  Food procurement was seen first as a security measure (vital to the war effort), and second as an economic one.  The acute agricultural labor shortage due to the draft, a shift of domestic workers toward better paid "war jobs" and increased demand for food drove farmers to “call their Congressmen” with regards to the labor shortage. 3

Another important factor that motivated the establishment of the LIP was precedent.  During WWI, in 1917, just months after Congress passed legislation to more actively restrict the flow of Mexican nationals across the border, temporary agricultural workers were exempted from the restriction as a concession to farmers.  Over 200,000 laborers signed contracts with growers and crossed into the United States from 1917 to 1923 to assist in the labor shortage of that era.4  This first Bracero-like program was ushered out as the Great Depression arrived.  This period witnessed a mass exodus of Mexican laborers with five Mexicans emigrating for every one that immigrated.5

Lastly, American lawmakers in 1942 had been irrevocably shaped by their experience in the Great Depression.  The widespread, abject poverty the United States experienced in the years between the two World Wars made lawmakers extremely cautious with matters of food supply.

While understanding the motivations for the initiation of the program provides insight, explaining its long term survival is a much greater challenge.  Perhaps even more perplexing is the program’s continuation despite major malfunctions such as human rights abuses, skyrocketing illegal immigration and farmer discontent.

In 1942 the Farm Security Administration (FSA) set about trying to solve the problem of labor distribution by setting up the domestic Migratory Camp Program.  It was believed at the time that there was no domestic shortage of labor, rather, that it had to be coordinated to more efficiently serve farmers' needs.6  Labor unions argued the labor shortage was an invention of farmers in order to convince government officials of their need for less expensive, foreign labor.  On January 23, 1942 the FSA signed an agreement to cooperate with the U.S. Employment Service (USES) in the organization of transportation, temporary housing, food and even childcare for migrant laborers. Because there was no central authority for farm labor at that time, coordination was less than desirable and the American Farm Bureau Federation later accused the MCP of being old fashioned, clumsy and inadequate.7

Having exhausted his efforts to organize sufficient domestic labor, Secretary of Agriculture, Claude Wickard, was left to do nothing less than find a new labor source.  With that in mind, he left for Mexico City to begin executive agreement negotiations with the Mexican government on the importation of Mexican nationals for employment in agriculture.  What came of this bilateral negotiation was "the most comprehensive farm labor contract in the history of American agriculture."8  In what was formalized in 1951 as Public Law 76, imported male laborers were to be provided with individual contracts supervised by the FSA that guaranteed minimum standards of housing (including laundry, bathing, toilets and waste disposal), a minimum wage of $0.30 per hour, at least 30 days of work upon arrival, free transportation and other essential living and labor criteria.

Only one year after the signing of the agreement, the American Farm Bureau Federation, recommended in H.R. 96 (later, P.L. 45) that:

“the administration of this program be decentralized as far as possible so as to enable
each State and each county to develop programs best adapted to the needs of their area,”
and “that all workable, hampering restrictions and controls, including the fixing of
minimum wages, restrictions of hours, housing standards, unionization of workers be
immediately discontinued.”9
In essence, the AFBF asked (and in April 1943, received) that the Bracero program be stripped of its provisions for laborers, leaving only a skeleton of the original agreement.  That core consisted of U.S. farmers’ only concern: adequate labor.

The Mexican government had wisely insisted on minimum working standards for their citizens but could do little to monitor U.S. compliance with them.  Evidence of this was demonstrated in the “El Paso Incident” in October 1948 when local INS officials unilaterally opened the U.S.-Mexican border at El Paso to eager migrant workers.10   Even though WWII had been over for three years, farmers’ demands for cheap labor could apparently not be quenched in compliance with the agreement.  Mexico City’s response to such blatant violation of the agreement was immediate abrogation.  The State Department answered with a note of apology but U.S. farmers continued to recruit illegal workers even before the two countries reached another agreement.11

Concern for migrant labor conditions on U.S. farms was justified.  The FSA was drastically under funded and provided, for example, “two inspectors, head quartered at Portland, OR, [to be responsible for monitoring] all the Braceros working in Utah, Idaho, Oregon, Washington and Montana.”12  There are countless testimonies of legally contracted Braceros experiencing widespread disregard for inadequate housing, food, health care and even fair pay.  The majority of recruits came from “the rural, least developed, and more isolated regions” of Mexico with very little, if any, background in English.  This basic factor allowed farmer and recruiter manipulation of records and contracts, as well as contributed to the overall bewilderment of laborers.  Climate was the most immediate challenge for many Braceros who arrived in regions such as the Northwest.  Finding appropriate clothing for an Oregonian spring in southern Mexico proved difficult and growers were not expected provide them.13

Where the FSA lacked in manpower, the black market compensated.  Illegal recruitment and smuggling became commonplace from the very beginning of the Bracero program.  Mexico’s countless illegal emigrants had even less leverage to push for realization of promises and lived under the constant threat of exposure.  1954’s “Operation Wetback” (a term that originated in this time period) succeeded in deporting over one million illegal southwestern residents in a militant and brutal fashion, setting a tone of fear among workers.14  The operation was, interestingly, the only major action to curb illegal settlement during the Bracero period.  Illegal residents granted farmers extended leverage to set arbitrary wages and demand longer hours over and above what the LIP legally allowed.  While legally contracted Braceros could threaten to expose farmers’ actions to authorities, illegal workers knew such resistance would lead to deportation.

Why was so little done to ensure U.S. compliance with the Bracero agreement on issues of basic human rights?  Even with huge organizations such as the AFL-CIO in opposition to the migrant labor exploitation that was inherent to the Bracero program, it was renewed consecutively throughout the administrations of 5 presidents.  Why were borders not better patrolled in order to prevent the massive influx of illegal immigrants? The simple answer is that it was not in the United States’ interest to do so.  Braceros “constituted about 25 percent of the farm labor force in California, Arizona, New Mexico and in Texas,” contributing not only to the vital food production of that period but also to increasing U.S. dominance in agriculture.  While recruitment and transportation of legally contracted Braceros cost American taxpayers roughly $450 for each of the 4.5 million legal laborers, it spurred the long term migration of millions of illegal workers (at no direct cost to taxpayers) who continue to support U.S. farming.  These workers meet the almost insatiable demand for inexpensive labor on U.S. farms.15

Table 1 demonstrates how the number of Bracero contracts consistently waned as time progressed while the number of Mexican nationals entering the United States did not.  Instead of openly encouraging illegal immigration, a move that would have estranged Mexico City, lawmakers chose to maintain at least the skeleton of the agreement (as amended by H.R. 96) and loosely monitor its execution.  This trend continues today as border patrols, scrutiny of farmers' hiring practices and punitive measures for employment of illegal workers demonstrate Congress' disinterest in controlling labor migration. (H.R. 2202)

Table 1
 
1949 1953 1964 1965 1970 1974
Braceros 107,000 201,380 177,736 20,284 0 0
Legal Immigrants 7,977 18,459 34,448 40,686 44,821 71,863
Illegals
Apprehended
233,485 676,602 43,844 55,349 277,377 709,959
Source: U.S. Immigration and Naturalization Service Annual Reports 1949-1954 and 1964-1974.

The continued power of agriculture to influence Congress on migrant labor issues cannot be underestimated despite the increased influence of human rights organizations, labor unions and the Mexican American community on Capitol Hill.  Programs reminiscent of the LIP appear in Congress almost annually.  The most recent attempt was the failed 1997 Pombo Amendment t H.R. 2202, an amendment aimed at changing the current “Immigration and Nationality Act to improve deterrence of illegal immigration.” (H.R. 2202)  The amendment moved "to create a new nonimmigrant category for temporary agricultural workers admitted pursuant to a labor condition attestation." (Pombo Amendment)  In other words, members of Congress once again attempted to revise increased control of immigration to exclude laborers necessary to farmers.  Although only roughly 3% of the 105th Congress’ constituents are dependent on agriculture, 180 Congressmen voted in favor of the amendment.16

The Bracero program adhered to the most basic economic principle of supply and demand.  It exploited the bountiful supply of willing Mexican labor, offered Mexican nationals a chance to improve their buying power, relieved the Mexican government of excess workers and met U.S. farmers' great demand for inexpensive labor.  This flexibility and mobility of labor created an undisputed world leader in the market, justifying and prolonging the U.S. agriculture-Mexican labor relationship.  It did not, however, fulfill its promises to the laborers themselves.  Instead of encouraging a mutually advantageous relationship, the LIP became a tool of exploitation that perpetuated decades of dependency, poverty and estrangement in the Mexican American community.  Hispanic Americans now constitute the poorest section of American society, witnessing a drop in annual income between 1989 and 1998 of 14%.17  American born or not, the majority of Hispanics (a majority of whom are of Mexican descent) in the United States do not enjoy the affluence they and their forefathers helped create.
 

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4. Draft Author: Michelle D. Tiedeman, April 7, 1999

  II. Legal Clusters

5. Discourse and Status: AGRee

The Braceros program was a bilateral agreement between the U.S. and Mexican governments.

6. Forum and Scope: Executives of both governments, U.S. Congress--BILATeral

7. Decision Breadth: 2 countries involved

8. Legal Standing: Executive Agreement

Both Bracero programs resembled giant labor contracts and were initiated by the executive branch at wartime.  The latter Bracero program was consecutively extended by Congress through five executive administrations.

  III. Geographic Clusters

9. Geographic Location

a.  Continental Domain: NORTH AMERICA
b.  Geographic Site: Mainly SOUTHERN and NORTHWESTERN
NORTH AMERICA, however, Braceros labored throughout the continental
United States.
c.  Geographic Impact: U.S. and Mexico

10. Sub-National Factors: NO

11. Type of Habitat: Temperate

IV. Trade Clusters

12. Type of Measure: LICENsing, IMport STandDard, REGulatory STanDard, SUBsidy

Due to the unique status of the Bracero program, an agreement that required concessions of the importer versus the exporter, it is difficult to categorize it as a regular trade measure.  Braceros had to be "licensed" in that they were registered with the FSA, assigned to employers and required to carry laborer identification at all times.  The Labor Importation Program also had regulatory standards such as a minimum wage, housing, transportation and food required to be provided by the employer for laborers.  Lastly, the Bracero program provided an indirect subsidy by ensuring a cheap labor source for farmers, which made U.S. agriculture more competitive on the global market.18

13. Direct v. Indirect Impacts: DIRect

Braceros had a direct impact on the U.S. agriculture's ability to maintain and improve their competitiveness throughout the 1940s, 50s and 60s.  Because Braceros constituted up to 25% of the labor source in several states,  U.S. farms could not possibly have maintained the same performance without them.19

14. Relation of Trade Measure to Environmental Impact

a. Directly Related to Product: n/a
b. Indirectly Related to Product: n/a
c. Not Related to Product: n/a
d. Related to Process: n/a

15. Trade Product Identification: Mexican farm laborers

16. Economic Data:

Industry output ($): Table 2 shows U.S. agriculture's contribution to the national income of selected years throughout the Bracero program.

Table 2
1942 1945 1948 1951 1953 1956 1958 1960 1964
 $123.168 $164.067 $207.478 $279.3 $305.6 $350.8 $367.4 $414.5 $510.1
Source: U.S. Department of Agriculture.  Agricultural Statistics 1942-1964.
Note: figures are shown in billions.

Employment

One of the major downfalls of the FSA was its inability to control or monitor the reality of agricultural labor migration during its Labor Importation Program.  According to official record, 4.5 million Braceros earned roughly $100-110 million annually from 1942 to 1964.20  These numbers may reflect, however, simply a move away from documented employment under the jurisdiction of the FSA and growth in its illegal variety (see Table 1).  For the purpose of comparison, the Table 3 provides the average number of persons employed in agriculture overall for selected years during the Bracero Program.

Table 3
1942 1945 1948 1951 1953 1956 1958 1960 1964
11,458 10,813 11,080 9,546 8,864 7,853 7,503 7,057 6,110
Source: U.S. Department of Agriculture.  Agricultural Statistics 1942-1964.
Note: figures are shown in thousands.
 

17. Degree of Competitive Impact: HIGH

18. Industry Sector: SOTH

Because the Labor Importation Program dealt with trade in human laborers, this "product" cannot be categorized as others.  The sectors which were dramatically touched by the importation of labor, however, were as follows:  FOODs, TOBACco and myriad other agricultural products, ranging from strawberries to beef, which were processed and harvested by Mexican laborers.

19. Exporters and Importers:

Case exporter: Mexican government

Case importer: U.S. government, U.S. farmers

Leading Importers and Exporters (U.S. $): Although precise statistics could not be found before the deadline of this project, another example of labor importation in history is the German importation of Turkish nationals after WWII.  This arrangement also lead to a situation similar to that in the United States of long term immigration and Turkish immigrants making up one of the poorest classes in German society.

VI. Other Factors

25. Culture

Perhaps the most compelling legacy of the Bracero program is the ongoing cultural struggle between Mexicans  and Americans.  Former Braceros and their descendants face the very same discrimination that former slaves face in American society.  The greatest of these problems has been the battle over language as more and more children of Mexican descent enter American schools.  In California especially, there has been a progressive move toward bilingual education in at least the first few years of elementary school, to allow children of Spanish speaking parents to adjust to English.  Elsewhere the picture is not so hopeful.  Hispanic Americans make up the poorest group in American society, are surprisingly underrepresented in the U.S. government despite the fact that they constitute 11.2% of the total population, and are currently experiencing a whereby subsequent generations receive less schooling than their parents.21

26. Trans-Boundary Issues: YES

27. Human Rights: YES

Notes

1.  United States Department of Labor.  Agricultural Statistics 1943 and 1965.  Washington D.C.: U.S. Government Printing Office. back
2. Gimpel, James G. and James R. Edwards, Jr.  The Congressional Politics of Immigration Reform.  Boston: Allyn and Bacon, p. 263. back
3. Monto, Alexander.  The Roots of Mexican Labor Migration. Westport: Praeger, 1994. page 56 back
4.  Ibid. p. 55 back
5.  Kposowa, Augustine J.  The Impact of Immigration on the United States Economy.  Lanham: University Press of America, p. 20. back
6. Hahamovitch, Cindy.  The Fruits of their Labor.  The University of North Carolina Press: Chapel Hill, 1997.  back
7.  Gamboa, Erasmo.  Mexican Labor and World War II: Braceros in the Pacific Northwest, 1942-1947.  Austin: University of Texas Press, p. 35. back
8.  Hahamovitch, Cindy. op cit., p. 168. back
9.  U.S. Congress, House Committee on Appropriations, 1943-44, Hearings…Farm Labor Program…1943-44, cited in Hahamovitch, Cindy, p. 173. back
10. Bustamante, Jorge A., Clark W. Reynolds and Raul A. Hinojosa Ojeda. eds.  U.S.-Mexico Relations: Labor Market Interdependence.  Stanford: Stanford University Press, p. 90. back
11. Ibid. p. 92. back
12. Gamboa, Erasmo. op cit., p.  53. back
13. Herrera-Sobek.  The Bracero Experience.  Los Angeles: University of California, 1979.  Moore, Truman E. The Slaves We Rent.  New York: Random House, 1965.  Rothenberg, Daniel.  With These Handsback
14. Dunbar, Tony and Linda Kravitz.  Hard Traveling: Migrant Farm Workers in America.  Cambridge: Ballinger Publishing Company, p. 13. back
15. Ibid. p. 12.
16. Gimpel, James G. and James R. Edwards, Jr. op cit., p. 263. back
17. Brunner, Borgna. ed.  The Time Almanac.  Information Please LLC, p. 364. back
18. Goldfarb, Ronald L.  A Caste of Despair.  Ames: The Iowa State University Press, p. 118. back
19. Dunbar, Tony and Linda Kravitz, op. cit., p. 12. back
20. Goldfarb, Ronald L., op. cit., p. 117. back
21. Brunner, Borgna. ed. op. cit., p. 362. back

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