MIGRANTE

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Fact Sheet of Human Trafficking Case of Teachers to Washington, DC, USA

Prepared by Migrante International and Gabriela-Washington D.C, December 2013
I. Introduction

MIGRANTE INTERNATIONAL, together with Gabriela in Washington, D.C. and the Philippines and the Alliance of Concerned Teachers (ACT), has been assisting Filipino teachers who were victims of an elaborate labor trafficking scheme (hereafter referred to as DC teachers) by Renaissance Staffing Support Center, formerly Great Provider Service Exporters, Inc.(hereafter referred to as Renaissance), represented by its president Mr. Isidro Rodriguez and its U.S. partner Green Life Care International, LLC. Renaissance has violated the U.S.Criminal Code, state, local and immigration laws, specifically the Trafficking Victims Protection Act (TVPA) of 2000, Public Law 106-386, Immigration and Nationality Act (INA), 8 U.S.C. 1101 (A) (15) (H) (i) (b) and 1182 (n) (the Act), and the regulations promulgated thereunder, which can be found at 20 C.F.R. Part 655 and INA 212(n)(2)(C)(v); for being a willful violator under 29 C.F.R. 655.810 (b) (1) and (2); for knowing and willful submission of false statements on the Labor Condition Applications under 18 U.S.C. 1001 and 18 U.S.C. 1546; for violation of the Fair Labor Standards Act (FLSA), State and Penal Law and other laws. Under Philippine Criminal Laws, Renaissance has violated the Migrant Workers Act R.A. 8042, Large Scale Syndicated Estafa, Anti-Trafficking in Persons Act of 2003 R.A. 9208 or RA 10364, AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES" and such other laws as maybe applicable. Last November 13, Filipino authorities finally arrested Rodriguez, together with Karen Liao Lee, Manilyn Flores Guerrero and Rosanna Macatangay, through an entrapment scheme with the assistance of a potential victim. He is currently detained and under the custody of the Criminal Investigation and Detection Group (CIDG). They were charged of Violation of RA 8042, Migrant Workers and Overseas Act of 1995 and Large Scale Syndicated Estafa. Presently, there are more than 50+ DC teachers and about half have already acquired their T-visas in the US, allowing them to stay in the US for four years as long as they each testify against their trafficker. In the Philippines, some 102 teachers from 21 batches have been victimized by Renaissance. All have filed cases of large-scale and syndicated estafa against Rodriguez before the Office of the Anti-Transnational Crime Division, CIDG. II. Statement of Facts

Renaissance, a recruitment agency organized under the laws of the Philippines and licensed by the Philippine Overseas Employment Administration (POEA), advertises its job openings through national newspapers, direct referrals and through its website: http://greatproviderservice.tripod.com/. Renaissances website describes the company as a duly licensed recruitment agency serving clients around the globe. They supposedly facilitate timely mobilization of qualified contract workers to meet their specific needs and handles all aspects of the recruitment process. The website claims that they are considered to be one of the Philippines leading Page 1 of 6

certified recruitment agencies, a proven partner of the Philippine government in its efforts to generate employment for Filipinos abroad. The website also shows that it has clients in Bahrain, Brunei, Canada, KSA, Kuwait, Qatar and the USA. They place workers for various types of overseas employment, from skilled workers to professionals in jobs such as carpenters, mechanics, electricians, nurses, teachers and others. Particular to this case, Renaissance directly hired victims for various teaching positions in public schools in the US through its partner Green Life Care International, LLC. They started to recruit teachers to work in the US sometime in 2004. A work program was advertised in the newspaper and on its website to which several teachers responded. According to the notarized affidavits of the complainants, the following facts about the company were revealed: Company advertised US teaching positions in various national newspapers and through its website Conducted pre-screening of applicants (applicants submitted documentation and company facilitated foreign transcript evaluation at expensive cost to applicants) Promised teaching positions in public county schools with high salary Required applicants to attend expensive orientation seminars (classroom management and others) held in prominent hotels to entice applicants Required applicants to take driving courses and courses to improve English proficiency in some cases Teachers were interviewed by employers who turned out not to be their petitioners; Conducted webcam interviews with fake interviewers Collected exorbitant fees to prepare, process and file H-1B visa petitions, collected renewal or transfer of visas even if applicants hadnt yet been deployed and various other fees ($18,000-20,000+); Promised green card sponsorship for a fee between $1,500 to $2,500; Promised that petitioning employers will provide signing bonus to teachers when they get to the US ($5K); Applicants forced to signed a Master Employment Contract (without opportunity to read it) where their employer is Mr. Isidro Rodriguez and with the following key terms and conditions: 1. Basic Salary $ 26.50 - $ 32/hour 2. Regular working hours: 8 hours, 5 days/week 3. Overtime Pay: a. For work over regular working hours: $150%; b. For work on designated rest days and holidays: $200% 4. Leave with Full Pay: a. Vacation Leave: 15 days; b. Sick Leave: 15 days 5. Free transportation to the site of employment and in the following cases free return transportation to the point of origin: a. expiration of contract; b. termination of contract by the employer without just cause; c. If the employee is unable to continue to work due to work aggravated injury or illness; d. force majeur; and e. in such other cases when contract of employment is terminated through fault no fault of the employee 6. Free food and compensatory allowance of $100 and free suitable housing 7. Free emergency medical and dental services and facilities including medicine 8. Personal life and accident insurance 9. In the event of death, remains and personal belongings shall be repatriated at the expense of employer 10. Employer shall assist the employee in remitting a percentage of his salary through proper banking channel or other means authorized by law *** These provisions were all violated by the agency Applicants were endorsed/ linked to their partner lending agencies with high interest rates Recruiter produced fraudulent papers for the dependents of teachers (under H4 visas) coming to the US (such as fake paystubs, different petitioner, etc.) When victims were in the US, recruiter facilitated fake interviews again Page 2 of 6

Isidro Rodriguez also committed various acts of sexual harassment against female teachers and asked for sexual favors in exchange for papers

These acts of the company reveal clear violation of the H-1B program of the INA and the administrative regulation of the said law aside from the above-cited criminal laws. The complainants were lured to apply for various teaching positions and promised H-1B specialty occupation visas to the US. To be eligible for job placement, RENAISSANCE required each applicant to pay an initial fee of either $ 2,000 or 50% of the Placement Fee so papers will be processed. However, not all of the fees were disclosed in the initial meeting with applicants. Later, applicants were shocked to hear of additional surprise fees and were forced to pay because refunds were not allowed. However, later, some applicants were able to get certain refunds from recruiter for immigrations papers he failed to file but through persistent request from victims. Those who were told that only a minimal fee will be refunded out of their total fees (e.g. $1000 out of $6000 fees) just opted to continue with the processing of their papers because they are already drowning in debt and they have no means to produce the money. They were endorsed to loan sharks and eventually drowned in huge debts (PJH Lending Company, Gold Link, AEG and others). Below are the various estimated fees they ended up paying: Fee Type Dollar amount Seminar $ 85.00 WES Credential Evaluation $ 300.00 USCIS Processing $ 6,500.00 Placement Fee $ 4,500.00 Re-filing Fee $ 2,500.00 Housing Rental $ 1,600.00 Pick Up Fee $ 200.00 Green Card Processing Fee (others paid $ $ 2,500.00 1500) Embassy Schedule Fee For interview $ 30.00 Miscellaneous (mailing, intl calls, etc.) $ 100.00 Airfare $ 1,000.00 TOTAL $ 19,315.00 The above fees do not include those which applicants had to shoulder, due to recruiters negligence, including cancellation US embassy interviews, flight schedules or repeat of medical exams. In most instances, it is not only once but several times applicants had to bear the cost of the recruiters negligence and inefficiency. The applicants processing of papers were still delayed despite having paid all the necessary fees. There are cases where they had to wait 2 to 4 years before being deployed to the US. During the period of the application process, applicants were required to attend various seminars with expensive seminar fees and held in well-known hotels in the country to entice applicants. US speakers were invited, some of whom pretended to be school officials hiring teachers. Most seminars were followed with job interviews. Later, Renaissance would inform applicants that they were hired and must pay the exorbitant fees in order for their papers to be processed. Applicants were further pressured with claims that there are only 20 slots left so hurry or miss the opportunity of being hired for a lucrative teaching job in the US. Out of their desire and desperation for greener pasture abroad, applicants were lured and trapped by the sophisticated and clandestine criminal operation. When petitions for H-1B visas were approved, applicants were forced to pay all the necessary fees or else they would not be scheduled for US Embassy interview. Prior the US Embassy interview, applicants were given mock interviews. They were given a checklist of possible questions, asked to memorize information about their petition and instructed not to disclose the total amount of the fees they paid to the recruitment agency to avoid being denied a visa. They were told to state that they only paid around $ 5,000-10,000 and that these fees would be refunded by their employer in the Page 3 of 6

US through a signing bonus. When their visa was granted, applicants were instructed that it be mailed at the office address of the recruiter. When their visas were granted, the recruiter would not release their passports without the applicant paying fees including additional fees for housing, pick-up fee, re-filing and green card, etc. Failure to pay the additional sum, they were told, would result in forfeiture of all their payments, and they would not be permitted to travel to the US. Considering their desire to work abroad especially after obtaining huge loans to pay the recruitment fees, the teachers paid the additional demands of the recruiter. Due to economic hardship, they borrowed money from different individuals and lending agencies with high interest rates. Upon arrival in the US, teachers were placed in cramped and substandard houses either with no furniture, heating, or rodent infested. Some were billeted in cheap hotels for few days and transferred to apartments with other teachers but were made to pay rent despite paying for housing fees before they left for the US. The lucrative job that was promised to them was a big lie and part of a scheme to exploit them. The recruiter continued to collect various fees for car rental, housing, groceries/air bed from the victims. He also collected various immigration fees for the transfer of the visas of the teachers from their original petitioners to their new employers, even if these fees were paid already while they were still in the Philippines. In most cases, the recruiter did not even facilitate the processing of their visas, resulting in the loss of status of the teachers. The trafficker took every opportunity to exploit teachers for profit. The DC teachers, after paying exorbitant fees, ended up with no employment in the US. The recruiters alibi was that the country was in recession, public schools were not hiring anymore or that the teachers were late for the school years opening. When they complained to their recruiter, they were threatened to be harmed or deported. The recruiter threatened to have the teachers deported if they start speaking against him or if they did not comply with his many demands. When some teachers planned to change their housing arrangements to save on the high costs, the recruiter became upset and threatened to deport them. The recruiter also threatened to sue them and to allow their visas to expire if they did not pay more fees. They were abandoned and left to survive on their own, jobless and without proper documentation. When teachers pressured the recruiter about their situation, he would pretend that he arranged for several employers to interview them. He would then promise that they would have better job opportunities in Washington, D.C. or Virginia than in the state of their original petitioner, e.g. North Carolina. He would then bring teachers to various day care centers and drop them off. Teachers would apply for a job on their own without endorsement from the recruiter and no pre-arranged interview schedule. Employers were shocked with walk-in applicants. There were some instances where the recruiter was able to arrange work for some teachers (before his modus-operandi had been discovered by employers). Some teachers were brought to California with promises of jobs that never materialized. Teachers were left with no choice but to accept jobs in day care facilities as workers caring for multiple infants and toddlers. They were tasked to change diapers, feed children, clean toys, tables, beds, make lesson plans, document observations, clean big bathrooms with multiple sinks and toilets, mop floors, wash dishes, dispose trash and other tasks required by their employers. Some got sick due to exposure to chemicals and due to heavy physical work. The terms and conditions of their work contracts and labor rights were violated. They received $10-12/hr salary, had to work 10 hours but were paid only for 8 hours with no overtime pay and benefits. Some were subjected to discrimination and harsh treatment, exploited and abused. Despite the slave-like condition and treatment at work, they were forced to continue in order to survive. They were constantly threatened to be deported if they communicated with other teachers or if they reported to government authorities. They were monitored, controlled and manipulated.

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With their meager income, teachers had to resort to going to free food banks and pantries provided by non-profit organizations in D.C. for low-income families in order to survive. They felt really embarrassed, felt they were like slaves, their self-esteem diminished and they suffered from self-pity. In summary, the teachers were put in debt bondage. While in the US, they were subjected to involuntary servitude, forced to work as day care workers contrary to the lucrative job positions promised by their recruiter. This has affected the teachers legal status as in the US. They are constantly intimidated with threats of deportation and possible harm to their families in the Philippines. This very devastating experience has caused them to suffer substantial physical, mental and emotional distress, grave anxiety, humiliation and financial worries. III. Actions taken

In the US 1. Conducted various meeting with teachers where they were informed of their rights, T visa immigration relief, social services available 2. Endorsed/linked victims to service providers (legal and social services) 3. Provided direct legal assistance by filing T visa under Pro Se (Self Petition) 4. Endorsed teachers for Immigration and Customs Enforcement (ICE) for investigation 5. Requested Gabriela Party list Rep. Emmi De Jesus to call for investigation on the case and file a House Resolution 6. GABRIELA Washington, D.C. has contacted GABRIELA Manila and Migrante International who are in communication with the families of 80 teachers who have filed a complaint against the RENAISSANCE. Relatives are working with the ND organizations to also seek protection assistance for the families of victims. In the Philippines 1. Met with teachers from the 21 batches last December 1 to gather information, get updates and inform them of their rights. 2. Endorsed the case to Gabriela Womens Partylist Rep. Luz Ilagan. Last December 10, Rep. Ilagan delivered a privilege at the Philippine Congress on the case of the DC teachers, and in time for the International Day against Trafficking last December 12. 3. Held a press conference last December 12. Present were the teachers, Migrante, Reps. Ilagan and ACT Teachers Partylist Rep. Antonio Tinio. 4. Provided legal advise and legal assistance for the victims, in light of plans to file human trafficking case and other applicable cases. 5. Facilitated a dialogue with IACAT/DOJ. 6. Held a protest action calling for Justice for Victims of Trafficking on December 18, International Migrants Day. IV. Demands of the DC teachers

As clearly demonstrated by the facts of the case, Renaissance committed serious misrepresentation to government authorities and has violated U.S. Criminal Code, the INA, H-1B regulations, Fair Labor Standards Act (FLSA), Penal Law and other laws and thus must be civilly and criminally liable. All possible remedies available must be pursued under US and Philippine laws. Specifically, the victims seek that: 1. Renaissance, Rodriguez etal must be stopped/prosecuted otherwise it will continue to use the H1B program to lure other victims and perpetrate fraud. Based on information and belief, the trafficking and unlawful activities continue and many more are about to become victims. All recruitment agencies that he has connections must be shut down and blacklisted by government; 2. The officers of Renaissance and other persons involved or responsible for the fraudulent scheme to defraud the complainants, especially coddlers in government and government officials, must be prosecuted, including the Duremdes Law Office that process the immigration papers of the teachers; Page 5 of 6

3. The testimony of the complainants is indispensable for the successful prosecution of criminal charges against Renaissance, its officers and other persons who have participated or were involved. Without the testimony of the complainants, it would be difficult to build the case against Renaissance and meet the rigorous standard of proof beyond reasonable doubt in criminal cases. The prosecution needs the testimony of the complainants to prove the modus operandi, scheme, extent of the fraudulent operations and the people involved and who should be held responsible; 4. The refund of all fees and back pay, civil fines, civil penalties, and, if applicable, criminal sanctions (please see attached document); 5. To recommend for the criminal prosecution of the case with the U.S. Department of Justice (DOJ)/Philippines and the eventual arrest of the perpetrator; 6. Question POEA on its recent decisions to complaints filed against recruiter where recruiter was only penalized a penalty of $ 1,000 and nothing even goes to the victim; 7. The Philippines Overseas Employment Agency (POEA) and all government agencies must be made accountable for allowing the trafficking activities of the recruiter. /eof

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