National Law Journal Online Advocates for ‘braceros’ wore opposition down

The National Law Journal reports that a class action by Mexican laborers who legally came to the United States from WWII to the 1960s through a “guest worker” programs, “required some heavy lifting by the plaintiffs’ lawyers. After eight years of heavily defended litigation that required the plaintiffs to win reversal of three trial-court dismissals, the plaintiffs claimed victory in a financial settlement paying the equivalent of $3,500 to each worker or his family.”  Braceros — derived from “brazos,” Spanish for arms — came to the United States to work on farms and railroads. In their 2001 federal class action, the braceros alleged that they were cheated out of portions of their wages. Under the terms of their employment,10% of braceros’ pay was diverted to individual accounts in Mexican banks. Back in Mexico, they were refused their savings and alleged that the money had been misappropriated by state-owned Mexican banks. They filed a lawsuit. Three major obstacles stood in their path, said lead plaintiffs’ counsel Matthew J. Piers of Hughes Socol Piers Resnick & Dym, “these claims were very old” and suffered from statute of limitations problems, he said. Two, the plaintiffs sued two sovereign governments — Mexico and the United States. The latter claims ultimately were dismissed on the ground of sovereign immunity. Mexico had strong defenses of sovereign immunity, lack of personal jurisdiction and private right of action. Three, finding evidence nearly 70 years after the fact proved extremely difficult, Piers said.”

KJ