New Mexico Legal Aid

Advancing fairness & justice for all
Free legal aid in New Mexico

SEARCH

Services

Harvesting Justice: The Vital Role of New Mexico Legal Aid’s Migrant Farmworkers Program

In the fertile fields of southern New Mexico, where crops flourish under the desert sun, another story unfolds—one of resilience, advocacy, and the pursuit of justice for those who labor tirelessly to feed the nation.  

Since its inception in 1979, the Migrant Farmworkers Program, known locally as Centro Legal Campesino, has been a steadfast defender of the rights and well-being of migrant farmworkers.  

Based in the Las Cruces office of New Mexico Legal Aid, this program has navigated shifting legal, economic, and social challenges to remain a vital resource for those who often toil in the shadows of the state’s agricultural industry.  

Roots in Advocacy 

The Migrant Farmworkers Program began under Southern New Mexico Legal Services (SNMLS) with a bold vision: to provide legal services to the often-overlooked agricultural workers in the region. Funded by the Legal Services Corporation (LSC), the program initially included a managing attorney, a staff attorney, ten outreach workers, and Vista volunteers dedicated to connecting with the migrant community. The program’s outreach efforts extended beyond the fields of Doña Ana County to include El Paso, Texas, and Deming, targeting labor-intensive crops such as onions and chili peppers. 

In its early years, Centro Legal Campesino made significant strides in protecting farmworkers’ rights. Notably, the program filed a landmark class action lawsuit against onion farmers for violations of the Fair Labor Standards Act and the Farm Labor Registration Act, marking the first and only farmworker class action in New Mexico. The program also played a critical role in prohibiting the use of the short-handled hoe, a tool that caused debilitating injuries, and in promoting field sanitation regulations. 

However, changes in LSC regulations in the 1980s restricted the representation of undocumented workers and prohibited class action cases, leading to a reduction in funding and a decrease in the number of outreach workers. Despite these setbacks, Centro Legal Campesino remained committed to its mission, albeit with a more limited reach. 

A Legacy of Leadership 

Ismael Camacho’s journey with Centro Legal Campesino began in 1979 as an outreach and paralegal worker, where he quickly became a key figure in the program’s success. His work focused on connecting with farmworkers and advocating for their rights, ensuring they were informed about labor laws and protected from exploitation. After leaving the program to attend law school in 1994, Camacho returned in 2004 as an attorney, only to leave again two years later due to the shift in focus from employment-related claims to grant-driven representation. 

In December 2020, Camacho returned once more to New Mexico Legal Aid as a staff attorney, this time facing the challenges of the COVID-19 pandemic. With a reduced team—comprising only a staff attorney and a part-time paralegal—Camacho and his colleagues had to innovate to continue their outreach efforts. Partnering with the College Assistance Migrant Program (CAMP), Centro Legal Campesino provided personal protective equipment (PPE) and worker protection rights pamphlets to agricultural workers during the pandemic. Through collaborations with organizations like the New Mexico Coalition of Agricultural Workers and Advocates (CAWA) and Presbyterian Medical Services, the program expanded its reach, offering COVID testing and vaccinations to farmworkers. 

Litigating for Justice 

Today, the Migrant Farmworkers Program continues its vital work, focusing on both legal representation and health and safety initiatives. The program is currently engaged in litigation against an integrated dairy enterprise in federal New Mexico district court.  

The claims against several dairies include violations of the Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA). These claims involve failure to pay wages, maintain accurate payroll records, disclose working conditions, and post required notices of AWPA rights, as well as retaliation against workers who exercised their rights. This litigation highlights the program’s ongoing commitment to holding employers accountable and ensuring that farmworkers receive the protections they are entitled to under the law. 

Empowering Through Education and Outreach 

Beyond the courtroom, the Migrant Farmworkers Program is making strides in health and safety education. The program’s Community Justice Worker, Ricardo Trejo, has been instrumental in this effort. Trejo distributes PPE to dairy workers and hand-harvest row-crop workers, helping to reduce the risks of pesticide exposure and heat exhaustion. He also provides pamphlets on these dangers, raising awareness and empowering workers to protect themselves in hazardous conditions. 

The program’s outreach efforts have been particularly successful in the dairy industry, where workers face unique health risks, including exposure to the avian flu. By providing PPE and health and safety training, Centro Legal Campesino is not only protecting workers’ immediate well-being but also fostering a culture of safety and respect within the industry. 

A Future of Hope and Justice 

As it enters its fifth decade, New Mexico Legal Aid’s Migrant Farmworkers Program remains a vital lifeline for agricultural workers in southern New Mexico. Despite the challenges of reduced funding and shifting regulations, the program’s dedication to justice and innovative approach to outreach have ensured that farmworkers’ rights are upheld. 

Centro Legal Campesino continues to build on its legacy of advocacy, expanding its reach through partnerships and focusing on legal representation and essential health and safety initiatives. The program’s ongoing litigation efforts and community outreach are testaments to its unwavering commitment to protecting the rights of those who work tirelessly in the fields and ensuring that they receive the dignity, respect, and justice they deserve. 

Skip to content