In Madison, not a day goes by without someone — a student,
an activist or a bystander — 
yelling his opinions, declarations or grievances from a makeshift
soapbox. Mid-October saw another example of this activism, when a group of
frustrated activists marched toward the Capitol in defense of immigrant rights
and reform. There may have been hordes reminding citizens "No human is
illegal," but at least one group of immigrants remained silent. Until now.

One current and one former Union employee, who both spoke on
condition of anonymity, allege that approximately 25-30 illegal immigrants are
employed at both Memorial Union and Union South as third-shift custodians. One
of those anonymous sources knows this all too well — he is one of these illegal
immigrants.

Due to his attempts to gain employment elsewhere, the former
Union custodian asked that his name not be used, so we will refer to him as
Jorge. Jorge's employment is verified in part because his real name appears in
a PDF version of UW's staff directory as an employee of union custodial
services.

A string of personal injuries

In a sit-down interview with The
Badger Herald, and through a Spanish translator, Jorge gave a personal account
of what he claims was extended exploitation of illegal immigrants like himself
at the hands of union supervisors. Nearly everything left unfinished by the
legal workers — bathroom cleaning, snow shoveling, stair and floor cleaning —
was assigned to the illegal immigrants, sometimes extending past normal hours
without overtime pay, according to Jorge, who said he's worked at the Union for
roughly two years.

Amid allegations of racism and
unfair treatment, Jorge claims more serious problems came about during a
routine floor waxing at Union South. Due to a miscommunication between him and
a building manger, Jorge combined the wrong ingredients. Despite acknowledging
Jorge's mistake, Jorge said the building manager told him to use the incorrect
mix anyway. From there, Jorge stated the concoction "exploded," releasing toxic
fumes. As he began to inhale the chemicals, he felt a throbbing pain in his
chest and had trouble breathing. Jorge claims a building manager only responded
to the situation after he began to turn purple. Although Jorge soon found it
easier to breathe, he still requested to go the hospital. Instead, he was
allegedly told to wait until his shift was over. While Jorge complied with this
request, he said a trip to the hospital the next day revealed damage to his
respiratory system had been done — a chest x-ray revealed signs of asthma.

He was given medication and told
he needed to take two weeks off work, as the medication caused heavy drowsiness
that would likely send him to sleep within an hour. Jorge insists he told his
employers, but to no avail — he said he was told that he would not be paid for
these weeks by supervisor Chris Acker, who allegedly told him, "If you want to
keep your job, you need to keep working." Jorge took the medication but
continued to work, against doctor's orders. Eventually, while vacuuming the
Union South game room, Jorge said the prescription kicked in, he fell asleep
and was told he had been caught on camera by his supervisor. Jorge later came
back with his prescription to explain the incident. Mr. Acker allegedly
responded by telling him that he could not continue to take his medication, and
any repeat events would cost him his job. Jorge said he complied and stopped
taking his medication.

It took one more health situation
around August 2007 to end Jorge's two-year employment at the Wisconsin Union.
During a shift at the Memorial Union, Jorge was allegedly told to clean the
bathrooms with heavy machinery used on a regular basis. The problem was that
the machine usually required multiple employees to push this massive device up
a ramp from basement to the first floor. When Jorge found no one to help, he
attempted this feat himself, but with dangerous results. Not only did the
device nearly flip over and crush him, but Jorge claims he felt a sharp pain in
his lower stomach and a distinct "pop" to accompany the pain. When he informed
his supervisor of the injury, Mr. Acker allegedly responded, "You're just
making stuff up. You just want to take days off." After another doctor's visit
revealed he had a hernia, Jorge stated union officials sent him to the UW
Clinic for a second opinion. There, Jorge was told he could lift no more than
20 pounds and would have to be prepped for surgery within weeks.

While Jorge claims his supervisors
were informed of this situation, he insists they continued to have him operate
the bathroom machinery that had previously caused his injury. This choice
resulted in a more serious injury: His belly button popped outward and the
taste of blood lingered in his mouth. When his doctor questioned why he
continued to disregard orders, Jorge cited his employers' lack of attention to
these medical needs. The doctor then sent him with a note to his employers,
Jorge said, stating that he could not work and would require a full two months
off in order to have surgery and recover. Jorge said he
informed Wisconsin Union human resources manager Tomas Garcia about the
problems with his supervisor and the mandated time off. According to Jorge, Mr.
Garcia said that he would handle the situation.

Upon return, he said, the
atmosphere changed dramatically. Jorge said he found himself without any
scheduled hours and had trouble obtaining disability pay. When he did find
hours, Jorge said his doctors continued to emphasize his limitation: He could
not lift more than 20 pounds. Despite this, supervisors allegedly still
instructed him to set up tables for a new student event. In the midst of
lifting, Jorge said the work belt he was using to reduce strain failed him.
After the sharp pains returned, Jorge claimed he took off his belt and found it
covered in blood: his stitches had ruptured. This time, Jorge said he asked no
supervisor for permission to leave and went immediately to the hospital.
Shortly thereafter, he was allegedly informed that there was no work for him
and his employment was terminated.

Is it possible? Is it
legal?

With a story packed with
such allegations, the first question that arises is, "How was this man employed
at the University of Wisconsin without proper documentation?" After talking
with Wisconsin Union officials and Jorge, the answer is still unknown. Jorge
said that his documentation status was never discussed or acknowledged, nor did
he personally reveal his citizenship status. Jorge claimed that he submitted
I-9 forms with insufficient documentation.

However, Wisconsin Union
facilities director Paul Broadhead stated the Union "follows all the protocols
mandated by state law and federal law." Mr. Garcia, the human resources
manager, echoed that statement, but when asked if a potential worker's social security
number is followed up with further verification, he said administrative legal
services informed his office that those documents must be accepted at face
value. This answer appears to contrast sharply with Wisconsin Union
Communications Director Marc Kennedy's, who insisted the Union automatically
checks to make sure social security cards match the cardholders. For this
reason, Mr. Kennedy said it is highly unlikely Jorge could have slipped by
undetected for two years.

Another concern is that
Jorge's employment status reveals possible flaws in the limited term employment
system at UW. Jorge claims he was employed as a seasonal worker with a starting
hourly rate of $7.50 — which, as of July 2007, was increased to a living wage.
The seasonal contract lasted for six months, but at the end of those six
months, he was signed to another six-month custodial contract at Memorial
Union. In the two years he was employed, he switched back and forth between
Union South and Memorial Union. This means his position, while technically
temporary, is treated as semi-permanent, but at an LTE wage without the
benefits of a standard custodian. While both union officials and classified
human resources manager Mark Walters stated this policy is technically legal,
Mr. Walters called it a legal "gray area." Since switching an LTE employee to a
new six-month contract would require different job duties and working
environments, switching a Memorial Union custodian to Union South is still
technically legal because custodial duties may differ at each location.
However, Mr. Walters and Mr. Kennedy both emphasized this practice is what LTE
reform efforts have tried to move away from.

Further investigation
needed

Whatever the outcome of
these legal arguments, one thing is obviously clear — silence on this issue
cannot continue. Jorge and the anonymous custodial source both alleged that Mr.
Acker actually recruited more illegal immigrants by asking them to send their
relatives for possible employment. Mr. Garcia defended the allegations against
Mr. Acker, stating that he had the utmost confidence in his job performance.
Mr. Acker could not be reached for comment.

The immigration debate has
raged in every corner of America. Those calling for employers to abide by the
rule of law and tighten their hiring practices are completely right; this type
of exploitation gives businesses an unfair advantage by using cheap, expendable
labor to increase profit margins. Certainly, the voices of reform should storm
the gates demanding an end to this unsavory practice of plausible deniability
whenever it is uncovered.

However, just for a
moment, let us give the outcast immigrant, who is assailed as a criminal and
freeloader despite his contribution to the American work force, the last word.

As Jorge said, "Just
because we're undocumented doesn't mean we're machines, it doesn't mean we're
slaves. Just like anybody else, we have a family to provide for." Let us keep
that in mind, as we evaluate, comment and dig deeper into the allegations at
the center of our campus.

Jason Smathers ([email protected]) is a senior
majoring in history and journalism.