Undocumented worker who became quadriplegic is moved to Mexico against his will

Hospital’s decision to send quadriplegic man back to Mexico angers those in Chicago who cared for him

By Judith Graham, Becky Schlikerman and Abel Uribe, Tribune reporters, 6:05 p.m. CST, February 6, 2011

Quelino Ojeda Jimenez, 20, is cared for by an uncle in a Mexican . Ojeda was transfered from Advocate Christ Medical Center near Chicago to his home state of Oaxaca, Mexico, without his approval. (Abel Uribe, Chicago Tribune / January 26, 2011)

For almost four months, s and s at Advocate Christ Medical Center cared for the young Mexican laborer who had fallen from a roof and lost the ability to speak, breathe or move most parts of his body.

But Quelino Ojeda Jimenez was in the U.S. with out documents, and just before Christmas he was taken from the Oak Lawn , loaded on an air and flown to Oaxaca, capital of the Mexican state where he was born.

His abrupt departure, which Ojeda says was undertaken without his consent, outraged a group of Mexicans living in Chicago who had rallied to his aid, tending to him in the and encouraging him not to give up.

Florinda Marcial, one of his frequent caregivers, said she pleaded with authorities to stop as Ojeda was rolled away on a gurney, dressed in a gown, crying. Authorities at the Mexican Consulate in Chicago also said they tried to intervene.

“They threw him out like he was a piece of garbage,” said Horacio Esparza, a disability rights advocate who runs the Progress Center for Independent Living in Forest Park.

Now, the 20-year-old man is in a Mexican that is so resource-poor that it is reusing filters for the breathing machine needed to keep him alive. After an investigation completed late last week, Advocate Health Care — the largest network in Illinois — acknowledged it never obtained Ojeda’s permission to transfer him to Mexico.

“We really do regret the way this process flowed and the steps that were taken,” said Kelly Jo Golson, an Advocate senior vice president.

“We saved his life and brought him to a stable condition,” but when it became clear that Ojeda needed a lifetime of care, it seemed best to return him close to family, she said.

That move sparked fierce criticism from Chicago’s Mexican community, and Advocate has decided to draw up comprehensive new policies to address medical “repatriations” at its 12 s, Golson said.

Such policies are important because there are potentially “hundreds and thousands of Quelinos,” undocumented immigrants building American homes or working in American factories who risk serious or injury, said Julie Contreras, national immigrant affairs commissioner for the League of United Latin American Citizens, a Latino rights organization working with Advocate on the policies.

In Illinois, more than 272,000 undocumented Latino immigrants are uninsured, according to the U.S. Census Bureau’s 2008 Current Population Survey. Only emergency medical services are guaranteed to these patients, as they are to anyone in a medical crisis; once their condition has stabilized, they have no rights to any other type of .

There is no consensus about what should happen to undocumented patients who become severely disabled and need long-term care. By law, s are required to discharge all patients to “appropriate facilities” where they can receive adequate follow-up care. This is also an ethical obligation for s, according to a recent report from the American Medical Association’s Council on Ethical and Judicial Affairs.

But rehabilitation centers and nursing homes won’t accept undocumented immigrants with no insurance, no government support, and no means to pay their bills.

That leaves s such as Advocate Christ Medical Center responsible for handling tragedies like Ojeda’s, while coping with the fallout of a depressed economy and trying to remain financially viable.

Whether Advocate had legal authority to send Ojeda back to Mexico is unclear. Although s say they are serving patients’ interests by sending them to their countries of origin, advocates argue they are potentially violating U.S. immigration laws. So far, legal repercussions remain largely unexplored.

“Immigration is the province not of s, but of the federal government,” according to a winter 2010 article on medical repatriations in the Northwestern University Law Review.

In Advocate Christ’s case, the made what it thought was a justified medical decision, not a deportation decision, said Howard Peters, executive vice president at the Illinois Hospital Association.

Cases such as Ojeda’s are relatively rare. Each year, the Mexican Consulate in Chicago gets involved with medical repatriations of 10 to 15 seriously ill or disabled undocumented immigrants, according to Ioana Navarrete Pellicer, a consular official.

What makes Ojeda’s story “completely unorthodox,” she said, is the allegation that the young man was returned to Mexico against his will and the wishes of his family. The Mexican Consulate was not consulted, but there is no legal requirement that s take this step, she said.

“I didn’t want to come back … because here there’s no … I need therapy, I need a lot of things and they don’t have,” said Ojeda, who spoke to the Tribune from a bed at Maria Lombardo de Caso General Hospital, a one-story concrete institution in a small town in the state of Oaxaca. He has gradually regained an ability to talk, albeit with difficulty, and move fingers and toes on his left side.

“I wanted to stay (in the U.S.) until I recuperated,” he said.

Ojeda’s stay in the U.S. began four years ago, when he journeyed to South Carolina to find work and to help support his Mexican family — a common law wife, his nearly 3-year-old daughter, six sisters and his impoverished parents, who live in a town of 18 small wood and straw-roof homes in the mountains.

Within a few months, he moved to Atlanta, where family members lived, and where he worked as a roofer. Ojeda came to Chicago in August to work on a building near Midway Airport, according to James Geraghty, a local lawyer who at one point represented the young man.

There, Ojeda said, he was trying to remove a sheet of metal from a roof when he pulled hard, thinking the sheet was sed by nails. It wasn’t and he fell backward over 20 feet to the ground. Three days later he awoke, a near quadriplegic connected to a ventilator, at Advocate Christ.

Imperial Roofing Group owner Anthony Ritter said Ojeda was working for a subcontractor who handled workplace issues on the Chicago job.

“I did not know Quelino,” said Ritter, adding that he thought what happened to the young man was “horrible.”

Ritter said he wasn’t sure if the subcontractor carried active workers compensation insurance. Imperial Roofing, he said, has since closed operations in Chicago, Atlanta and Houston because of the poor economy.

Ojeda knew no one here, but his aunt in Atlanta, hearing of his accident, contacted Ana Maria Cruz, a Chicagoan she had met through work.

Soon, Cruz and a circle of Mexican friends in Chicago began visiting Ojeda in the , talking to him, feeding him and helping him move his limbs.

Cruz’s husband, Reynaldo, was appointed Ojeda’s temporary guardian by the Circuit Court of Cook County’s probate division. Reynaldo Cruz said he sought legal help to successfully halt the ’s first plan to send Ojeda back to Mexico in October.

Gradually, the young man improved. It was clear he understood what was going on, and on Dec. 10 a judge removed Cruz as guardian and ruled that Ojeda could make his own decisions.

But Ojeda said he had no idea what Advocate Christ was planning.

“They did not tell me anything about leaving,” he told the Tribune, describing what happened the morning of Dec. 22, when staff quickly disconnected him from equipment and ushered him out the door.

“They told me, ‘Today you are going to your home,’” Ojeda said, recalling being struck with terror and unable to get words out. “I wanted to say something, but I couldn’t talk. I wanted to ask why.”

AeroCare Air Ambulance Service Inc. of Sugar Grove took over, conveying Ojeda to Mexico. Joseph Cece, AeroCare’s CEO, said s in that country as well as Chicago approved the patient’s transfer. “The actual responsible parties in a situation like this are the discharging and the receiving ,” he said. “The way I see it, this was a successful mission.”

The in the city of Oaxaca, where he was first taken, didn’t have a bed for him, family members say, and specializes in emergency care only, according to Pellicer, of the Mexican Consulate. That institution transferred Ojeda in early January to a smaller that doesn’t provide rehabilitation and that cannot afford new filters for his ventilator. Instead, staff cleans the filters daily and reuses them.

Almost every day, Ojeda’s uncle tries to help the young man and keep his spirits up. An aunt says Ojeda is sometimes “desperate” because “he isn’t getting better.” Ojeda’s parents and his wife live about four hours away in a rural village with a population of 140. They have spent little time with their son because they cannot afford transportation or hotels, they told the Tribune.

This is what Ojeda expected after his move to Mexico.

“I felt sad because I know how my state is. It’s poor … there’s nothing,” he said.

Without rehabilitation, he knows progress is unlikely. But still, he imagines a better future, saying, “I want to get up from here … and back at work.”

Tribune photographer Abel Uribe reported from Mexico for this report.




(Source: ChicagoTribune.com)

Study: Day laborers vulnerable to variety of employer abuses

Study: Day laborers vulnerable to variety of employer abuses

5:13 PM, s Feb. 12, 2011 | Kim Predham Lueddeke: (732) 308-7752; kpredham@njpressmedia.com
Contributing: Staff Writer Vanessa Vera Roman.

LAKEWOOD — Jesus Garcia was easy prey.

Study: Day laborers vulnerable to variety of employer abuses

During a meeting Wednesday evening at the New Labor office in Lakewood, Samuel Alonso speaks about how day laborers are treated. #114780 – 2/9/11 – LAKEWOOD – ASBURY PARK PRESS PHOTO BY THOMAS P. COSTELLO

The Mexican native had lived in the United States no more than three weeks when he was hired to work for a Manalapan landscaper. For $8 an hour he cut grass, whacked weeds, even did a little welding.

At first, his boss paid him a couple hundred dollars for his work, he said. But soon, pay day would come around and there would be no money for Garcia.

Garcia, 40, of Lakewood, worked for the company about a month and a half. Gradually, his unpaid wages grew to around $1,000 — approximately 125 hours of free labor.

“I felt impotent. It made me feel that I couldn’t do anything,” Garcia said Wednesday.

Out many days’ pay, Garcia had to turn to his friends for financial help. He never tried to recover his lost wages, partially out of ignorance of his rights but also, he said, because he needed to focus on finding another job to pay off the expenses he had incurred.

Garcia’s story is all too common.

Talk to day laborers and their advocates around the state, and the stories come pouring out: The cook’s assistant who was forced to continue working with a swollen, bloody head after the chef hit him with a heavy pan. The landscaper who pretended to run over his workers for a laugh. The construction worker who lost an eye when his boss refused to take him to a for .

“There’s a lot of abuses going on,” said Carmen Salavarrieta, co-founder of the Plainfield-based Angels in Action, which often advocates on behalf of day laborers.

A recent survey by the Seton Hall University School of Law in Newark showed day laborers are victims of a wide range of employer abuses, including wage theft, not being provided proper safety gear and even assaults on the job. Such abuses, particularly wage theft, are by no means isolated to the day laborer community. But day laborers are especially vulnerable by nature of who they are. Many are undocumented immigrants who, because of their immigration status, ignorance of their rights, fear of authorities, and limited English proficiency, are easily exploited by unscrupulous employers, according to the Seton Hall report.

Even if they are aware of the legal recourse available to them, advocates say, abuse claims can be time-consuming to pursue and difficult to win.

One of the reasons wage theft among day laborers is so hard to track down is that often, workers don’t know the names of contractors and business owners.

“No one knows any one,” said Jorge Artiga, 47, of Morristown, a day laborer who belongs to the Wind of the Spirit, an immigrant resource center based in Morristown.

Wind of the Spirit receives an average of 15 wage-theft complaints every month, said co-founder Diana Mejia. The most common complaint Mejia hears is of employers who pay some, but not all, of the wages owed, always promising to pay the rest later. Workers stay on the job while the amount of their unpaid wages accumulates.

“It (wage theft) is a very big problem,” said Jose Guillermo Angeles Mendez, 40, of Lakewood.

Both Mendez and Garcia were part of a group who spoke Wednesday evening at the Lakewood office of New Labor, an advocacy group for immigrant workers that also operates in New Brunswick.

The five men spoke of their experiences as day laborers, their stories translated from Spanish to English by New Labor volunteer Paulina Romo.

“You can only hope that you’ll be paid because if you’re not, it’s going to have an impact,” said Mendez, who has worked in construction and landscaping.

Going without pay can mean no money for food or rent. It can also mean, for those day laborers who immigrated here, tensions with those back home.

Mendez has four children living in Mexico. When he can, he sends money to them. But when the money is not forthcoming, problems arise.

“If they (employers) don’t pay us, the family thinks we’re making all this money and we’re not sending it,” said Mendez.

Of course, not all those who hire day laborers are looking to take advantage of them. Probably 90 percent of employers treat their workers well, said Rita Dentino, director of the group Casa Freehold.

“The problem is, that 10 percent can make really big problems,” said Dentino.

The New Jersey Landscape Contractors Association does not condone the hiring of day laborers, said Michael Kukol, chairman of the association’s legislative committee.

Kukol, who owns a landscaping company in Wyckoff, will not hire workers who cannot prove they can work in this country legally, and his fellow contractors are encouraged to do the same, he said.

But, he acknowledges, there are employers who are willing to exploit undocumented day laborers.

“They are easy picking,” said Kukol.

Bringing those employers to account is not always easy.

The Seton Hall study outlines a handful of avenues open to day laborers but notes that each comes with limitations.

The federal Department of Labor’s Wage and Hour Division has offered to help day laborers negotiate payments. It only has jurisdiction when employees are engaged in interstate commerce, however, while workers and community organizers say that most of the employers who hire day laborers are small, independent contractors involved in local projects.

The state Department of Labor, meanwhile, says it investigates every wage and hour complaint it receives. However, the agency does not have the resources necessary to handle the volume of complaints it receives.

New Jersey has a criminal statute for wage theft but, the Seton Hall report states, it is not a sufficient deterrent and is rarely used.

Finally, workers may file complaints in small claims court. But even when successful, it can be difficult for workers to actually recover any money if they do not have financial information about their employers — such as employers’ bank accounts or other assets — that can be used to file a lien.

For example, Dentino successfully helped two immigrant workers in 2006 win small claims complaints against a local landscaping and tree service company for $2,910 in owed wages.

Getting the money took another year and a half, however, after the landscaper claimed he had no way to pay the men. By that point, the men had already returned to Mexico, their home country, Dentino said.

When the official channels fail, advocates say, one tactic has been especially successful in getting employers to pay up: public embarrassment.

Mejia and her fellow advocates in Morristown have at times turned to the media to draw attention to worker abuses. They have tried to hurt contractors’ reputations by informing homeowners when they hire contractors who refuse to pay their employees. They have also staged protests of unscrupulous employers.

“It’s not a big protest, but we make sure they see us,” said Mejia.

Perhaps most important, whenever Mejia’s organization pursues a wage-theft complaint, the worker involved is required to attend classes educating them on their rights as employees.

The goal, Mejia said, is to ensure workers don’t land themselves in the same predicament again.

Workers need to know how they can combat these abuses, Samuel Alonso, 31, a laborer from Lakewood, said Wednesday.

“This about bosses that don’t pay is a plague,” Alonso said. “We have to fight it.”

(Source: MyCentralNewJersey.com)