These legal workers were held hostage by an economic devastation directly caused by the Defendants. They were trapped by poverty made much worse by the dishonorable dealings of the Defendants. The trafficking of human beings is the recruitment, transportation, harboring, or receipt of people for the purpose of exploitation. It is estimated to be a $5 to $9 billion-a-year industry. Trafficking victims typically are recruited using coercion, deception, fraud, the abuse of power. Economic leverage can often make victim consent to the exploitation.The Defendants might argue that this was just a business deal gone bad, but for the workers it was pure human trafficking exploitation.
Today, by filing this complaint, these workers ask the court for justice and honesty if the form of promises kept and wages earned.
Don Kaufman, Attorney for the Workers January 25, 2008
Community Response
Glenwood Post Independent Glenwood Springs, CO Colorado December 29, 2007 Sometimes compassion is lacking in our community
Again, I was very saddened to hear about the plight of the Mexican workers, especially those who came from Tabasco, where their homes were flooded recently, to work for JNS Construction. I was thrilled, however, that someone like attorney Don Kaufman was helping them with their legal dispute.
When we had our Katrina, the Mexican government sent army troops and workers to help with the cleanup and rescue of our citizens. In return to help them, we pitched the Mexican government $300,000 and promises such as the ones that JNS Construction gave to these men.
In the Tabasco flood, 2 million people lost their homes. Now, under threat of legal action, these men will be sent back without any reparations for their time and money they spent getting here.
I view this almost in the same light as the mournful plea to the community about loss of culture because someone heard Santa speaking Spanish. It has only added to my cynicism about what people have learned about Christmas, what they didn't learn in kindergarten, and that self-interest and xenophobia are heightened since this "Worried about illegals" has become predominant instead of "What are we doing in Iraq?"
My culture is Scottish (Gaelic), Viking (either Norwegian or Swedish), German, Portuguese, and American Indian, and now I am upset that Santa doesn't speak any of those languages.
In Mexico, they have just had one of their Christian religious ceremonies called La Posada. People go from house to house acting out Mary and Joseph's ordeal, trying to find shelter and comfort in Bethlehem. At each house the people are given little bags of cookies, candies and fruit. It is a message of goodwill.
In the U.S., we are worried about Santa speaking Spanish.
Alice Gustafson Glenwood Springs, Colorado __________________________________________________________________
Thank you Alice. We still have so much work to do. I hope that we do not disappoint these men. We will be filing a complaint for wages and damages above. It is so sad that these men were so injured by these Defendants.
-Don
The dignity of work and immigrants
Tom Ziemann is the director of Catholic Charities in Glenwood Springs.
Tom Ziemann Glenwood Springs, CO Colorado January 2, 2008 - - Glenwood Post Independent. During this Christmas season I thought it would be great to reflect on the "legal" Mexican workers who were at the Affordable Inn. I write this piece not from a high and mighty perspective, but as a sinner in need of forgiveness.
I would like to put this episode within the Judeo-Christian understanding of work and the immigrant. Work is understood as a creative process. We image God because God is creative. Work also allows us to image God in that through work we can provide for our families and others. God's work is that of caring for us. So whether we are an artist or working day labor, we are all creating and supporting like God.
Many people ask me why Catholic Charities is so interested in the immigrants. They say isn't it because you're bleeding-heart do-gooders or because the immigrants are all Catholic. No and no. Here is the real reason: Because throughout Judeo-Christian history God placed them in a "favored" position. Throughout the Hebrew Scriptures, God refers to a special group that is favored. He refers to this group more than 30 times. This group consisted of the widows, orphans and the foreigners. They referred to this group as the "anawim", which means "those in extreme want." If the Israelites were to image God then they too had to favor the vulnerable. God specifically tells them to love the immigrant, remembering that the Israelites were once foreigners in the Promised Land (Leviticus 19:36). When Jesus Christ came he proclaimed this same understanding (Matthew 25: 31-46). This doesn't mean that God loves the rest of us less if we are not vulnerable. God loves us still, he just wants us to image him and care for the vulnerable.
These 100 men came with legal working papers procured through a business based in Texas. Whether they were brought here through poor planning or fraud, the bottom line is that they didn't get paid as promised. Some would say because they didn't work they're not entitled to pay. Wrong: Under Colorado law they were contracted to work and are due their wages. Each worker paid $400 to get here. Most received $200 from the employer while some received nothing. The owner promised more money if they returned to Mexico; that hasn't happened. Most believe they'll never see it. They came here legally, spent their own money and ended up losing money.
Some of you may be thinking that this was an anomaly, as I did. However, the Mexican bus driver told me this happens all the time. He has personally picked up groups of Mexicans on at least four occasions from four different states who also returned without getting paid.
Many workers borrowed money from loan sharks at 10 to 20 percent interest per month in order to get here. Some came after floods destroyed their homes. They placed trust in our system and received neither justice nor dignity.
For those who returned to Mexico, what do they think of our justice? I wonder what they told their sons and daughters when they tucked them into bed on Christmas Eve.
For those who stayed, the exploitation continues. Yesterday several of the remaining men were offered some work for $27 a day. I suspect that the foreman wants to work them, pay them illegal wages, and then keep the money the company owner intended to pay. This foreman thinks nothing of the vulnerable. The language barrier keeps the owner in the dark. The men will take this offer as they continue to find steady work for a decent wage. On a positive note, one man is now making $16 hourly with another company.
On the lighter side, after the buses left, the remaining men went to a Chinese restaurant. After dinner we were reading our fortune cookies. One of the men pretended to read his fortune and stated, "Immigration will give you permanent residency." We all died of laughter.
All I know is that immigrants are made in the image of God and deserve to be treated with dignity. Are we really who we claim to be, as a community and as a country?
Tom Ziemann is the director of Catholic Charities in Glenwood Springs.
Press
First Post Story
KAJX Aspen Public Radio Sarah Hughes Story
La Tribuna La Voz LatinaAmericana en Colorado
Mexican Government Steps in?
9 News Story on the stranded men.
Glenwood Post Story
Glenwood Post Independent 1-26-08
AP Texas News 1-28-08
Daily Sentinel
Disclaimer
Please understand that:
Don Kaufman, The Law Firm of Kaufman & Kaufman LLC, does not represent Tom Ziemann, Catholic Charities or the Catholic Church in Glenwood Springs. Don Kaufman is the attorney for the 65 men whose names and photographs are reflected in the pleading above. It must be noted that when these men were abandoned, alone, in Glenwood Springs, Colorado, without any help, Tom Ziemann, Jim Coombs, and Jennifer Smith, Esq. from Leavenworth and Karp, P.C. were the individuals these men turned too in need. Further, these men, these fine hard working, law abiding, men, were totally desperate and without any assistance, and Catholic Charities answered the call. Catholic Charities was the only organization that had the ability to help these men and they had the courage to do so. I have earned total and profound respect for Tom, Jim and Jennifer. I must note for the record that any statements I make, and actions I undertake, are separate, distinct, and independent of Tom, Jim and Jennifer. They command my respect. The Plaintiffs demand my representation. I am honored to have witnessed their contribution and I am humbled by their compassion, wisdom and sincerity.
-Don Kaufman, Attorney at Law Glenwood Springs Colorado
Don Kaufman Glenwood Springs Colorado Pleading Complaint JNS Midwest Leno Workers Compensation De Mexico Kaufman ARENAS MUNIZ, DAVID et al vs. MIDWEST DRYWALL et al
