U.S. Deems Migrant Seafood Workers ‘Essential’ But Limits Their Covid-19 Protections
Students at the Howard Center for Investigative Journalism at the University of Maryland • July 6, 2021
For thousands of miles and over two days in April, 59 workers from Mexico traveled together on a bus — despite the pandemic — to their legal, seasonal jobs as crabmeat pickers and seafood processors in Maryland’s rural islands.
Lindy’s Seafood Inc., the wholesale crab and oyster company in Maryland that hired the workers, paid for their cross-country trip. The company put them to work the day after they arrived without quarantining or covid-19 test results. Those safeguards are not required under state or federal law.
Migrant seafood-processing workers face heightened risks of catching covid-19. Classified as essential workers, they are permitted to continue working even if they come in contact with the coronavirus. Within a week, the Lindy’s workers were informed that several had tested positive for the disease.
The U.S. Department of Labor, which runs the H-2B visa program, did not establish covid safety rules for the workers’ cross-country travel. Maryland, Virginia, and North Carolina — states with flourishing seafood industries that rely on H-2B seafood workers — also failed to provide H-2B workers with pandemic protections.
Between October 2019 and September 2020, more than 12,000 H-2B workers were authorized to work at U.S. seafood companies, according to an analysis by the Howard Center for Investigative Journalism at the University of Maryland.
Since January 2020, the Occupational Safety and Health Administration received 63,455 workplace complaints related to covid-19. Of those complaints, 32 were against seafood-processing companies. “If [workers] complain, they could be fired in retaliation and lose their lawful status in the U.S.,” said Clermont Ripley, an attorney for the nonprofit North Carolina Justice Center.
In the absence of government standards and enforcement, decisions on how to keep workers safe from covid-19 are largely left up to their employers.
Each season, H-2B workers travel from their hometowns in Mexico to U.S. consulates that approve their visas. They may wait days, if not weeks, in crowded rooms for their visas to process, then board crowded vans and buses for their trips north. Workers risk contracting covid-19 at each stage of this process.
After arriving, workers typically enter group housing provided by their employers — often at a weekly rate the workers pay. Some start work the next day without being tested for the virus. There is no requirement that workers be tested for covid-19 when they arrive, nor while they are in transit.
Holes in the regulatory system prompted worker-advocacy organizations to write in April 2020 to key agencies seeking immediate protection for these workers. None of the recommendations were adopted.
The Howard Center also found that Maryland, Virginia, and North Carolina have not established local protections for H-2B workers that advocates say are needed.
In Maryland, 50 seafood workers contracted covid-19 last summer, according to the Dorchester County Health Department. The agency declined to disclose the locations, citing confidentiality laws. Those testing positive last July included seven H-2B crab pickers at Lindy’s.
Aubrey Vincent, vice president of Lindy’s, said the company had implemented safety measures in response to the pandemic. Masks are provided to workers, they are distanced six feet apart and sanitation procedures have been increased.
Yet this year, when 59 H-2B workers arrived in Maryland after two days of cross-country travel, Lindy’s put them to work the next day. Vincent said the decision was based on discussions with state and county health officials.
“They’ve already ridden in a bus all the way here,” Vincent said. “They’re already in the houses. They have already been exposed with each other. Why is working the issue, if that’s not where the contamination is happening?” she asked.
According to Vincent, the recruiter in charge of finding H-2B workers for Lindy’s said workers would be tested before crossing the U.S.-Mexico border. However, a negative covid-19 test is not required for travel into the U.S. by land, according to the U.S. consulate in Mexico.
Last July, a coalition of health professionals, including former OSHA officials and migrant-worker advocates, urged Maryland Gov. Larry Hogan to create an emergency temporary standard, which would require workplace steps to prevent covid-19 spread.
A spokesperson for Hogan told The Baltimore Sun in August that such standard was not needed, because the governor gave local health officials the authority to close down unsafe workplaces.
Asked by the Howard Center how many workplaces had been closed down, a spokesperson for the Maryland Department of Health wrote that the agency does not maintain a central database of companies cited by local health departments and law enforcement for not complying with covid-19 orders.
In March, senators from Maryland and Virginia sent a letter to the U.S. Department of Homeland Security, urgently requesting more H-2B workers before April 1 — when the new crabbing season would begin in Maryland and Virginia. In April, Maryland’s governor requested that DHS immediately increase the number of H-2B worker visas to the maximum allowable under federal law. On April 20 — the same day the 59 H-2B workers arrived at Lindy’s — DHS announced it would make an additional 22,000 H-2B visas available this year.
“The H-2B program is designed to help U.S. employers fill temporary seasonal jobs,” said DHS Secretary Alejandro Mayorkas, “while safeguarding the livelihoods of American workers.”
This story was produced by the Howard Center for Investigative Journalism at the University of Maryland’s Philip Merrill College of Journalism, an initiative of the Scripps Howard Foundation in honor of the late news industry executive and pioneer, Roy W. Howard. It has been edited for length.
Vanessa Sánchez Pulla and Brittany Nicole Gaddy reported from Maryland and Virginia. Luciana Perez Uribe Guinassi reported from North Carolina and provided data analysis along with Aadit Tambe. Carmen Molina Acosta and Sophia Sorensen reported from Maryland. Trisha Ahmed reported from Maryland and wrote this story. Also contributing: Natalie Drum, Molly Castle Work, Elisa Posner, Kara Newhouse, Nick McMillan, Rachel Logan and Sahana Jayaraman
Common Sense for the Eastern Shore
Let your elected representatives and business and cultural leaders know that our Refuge and others like it all over the country deserve to be protected. They deserve our stewardship for the natural wonders they shelter, and because they provide refuge for people, too.
The Budget Deficit In a recent debate on closing Maryland’s budget deficit, Minority Leader Jason Buckel, a Republican delegate from Allegany County, made an important point: “The man upstairs has only been there for two, three years. I don’t blame him for our economic failures of the last 10,” referring to Democratic Gov. Wes Moore, who was elected in 2022. Ahead of the 2026 gubernatorial elections, Buckel’s comments highlight a key reality that many of his Republican colleagues seldom admit: It isn’t right to blame Gov. Moore for a budget deficit that has been brewing for years. Now projected at $3.3 billion, Maryland’s structural deficit is a problem that started long before Moore took office. In fact, it was first projected in 2017, during the tenure of former GOP Gov. Larry Hogan. This isn’t an opinion — it’s a fact that Buckel and other lawmakers, including Republican Del. Jefferson Ghrist, have bravely acknowledged. During that same debate, Ghrist remarked that the Department of Legislative Services had warned about this deficit throughout Hogan’s administration, yet he did little to address it. Ghrist pointed out that during Maryland’s “good years,” when the state received a flood of federal covid-19 relief dollars, spending spiraled without regard for long-term fiscal health. Hogan used these one-time federal funds to support ongoing programs, which masked the true state of Maryland’s finances and created an illusion of fiscal stability. Hogan continues to take credit for the “surplus” Maryland had in 2022 — even though experts repeatedly note it was caused by the influx of federal dollars during the pandemic. As Ghrist correctly observed, the lack of fiscal restraint and slow growth during the Hogan years laid the groundwork for the $3.3 billion structural deficit the state faces today. Indeed, Maryland’s economy has been stagnant since 2017, especially in comparison to its neighboring states, well before Moore took office. Compounding these challenges are President Donald Trump’s reckless layoffs and trade wars with our allies. Thousands of federal workers who live in Maryland are losing their jobs, which will cost the state hundreds of millions of dollars in lost revenue. Trump’s tariffs will also put an enormous strain on local businesses, including Eastern Shore farmers, who are now subject to up to 15% retaliatory tariffs on chicken, wheat, soybeans, corn, fruits, and vegetables. FY2026 Budget Considering this grim reality, Maryland’s lawmakers are making difficult, but necessary, decisions to shore up the state’s finances. Gov. Moore and state legislative leaders recently agreed to a budget that prioritizes expanding Maryland’s economy without raising taxes on most residents. In fact, 94% of Marylanders should see either a tax cut or no change at all to their income tax bill under the proposed agreement. Lawmakers also plan to cut government spending by the largest amount in 16 years, while at the same time making targeted investments in emerging industries, such as quantum computing and aerospace defense, so the state is less dependent on federal jobs. While the richest Marylanders might see their income taxes go up, it’s reasonable to ask someone making over $750,000 a year to pay $1,800 more to support law enforcement, strengthen our schools, and grow our economy. As for the proposed tax on data and IT services, these products aren’t subject to Maryland’s sales tax under current law. Maryland leaders want to modernize our tax code by levying a 3% sales tax on these products. Because they don’t raise income taxes on the majority of Marylanders and because state leaders are also cutting spending by billions, these ideas are fair. They’re also necessary after Gov. Hogan chose to kick the can down the road instead of addressing Maryland’s long-predicted deficit and now that Trump’s policies will lay off thousands of Marylanders and his tariffs will hurt our state. By making responsible choices now, Maryland leaders are putting the state on a path to long-term economic stability. Their decisions will help Maryland thrive, create jobs, and invest in the vital services that every resident relies on — without burdening hardworking families. I’m confident Maryland will emerge stronger, more resilient, and ready to lead in the industries of tomorrow. Elaine McNeil is chair of the Queen Anne’s Democratic Central Committee.
Among Donald Trump’s most recent targets is what he calls “rogue law firms.” At 6pm last Thursday, March 27, he issued an Executive Order (EO) aimed at my old law firm, WilmerHale, as one of those “rogue” firms. Approximately 15 hours later, the firm filed a 63-page complaint challenging the EO on multiple constitutional grounds. The EO is an “unprecedented assault on the bedrock principle that one should not be penalized for merely defending or prosecuting a lawsuit” and constitutes an “undisguised form of retaliation for representing clients and causes Trump disfavors.” And by 8pm on Friday, March 28, a little over 24 hours after the EO was first issued, a federal district court judge in Washington granted a request for a temporary restraining order, blocking key provisions of the EO from taking effect for now. In doing so, the Court found that “the retaliatory nature of the EO is clear from its face. There is no doubt that it chills speech and legal advocacy and qualifies as a constitutional harm.” The Executive Order The EO and a so-called “Fact Sheet” that went with it recites that the Administration is committed to addressing the significant risks associated with law firms, particularly so-called “Big Law” firms that engage in conduct detrimental to critical American interests. Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) is yet another law firm said to have abandoned the legal profession’s highest ideals and abused its pro bono practice by engaging in activities that “undermine justice and the interests of the United States.” The specific examples offered in support of this conclusion: The EO asserts that WilmerHale “engages in obvious partisan representations to achieve political ends,” an apparent reference to the firm’s representation of Trump’s political opponents — namely the Democratic National Committee and the presidential campaigns of Joe Biden and Kamala Harris. The EO cites WilmerHale’s “egregious conduct” in “supporting efforts to discriminate on the basis of race,” an apparent reference to the firm’s representation of Harvard in the Students for Fair Admissions litigation. The EO accuses WilmerHale of “backing the obstruction of efforts to prevent illegal aliens from committing horrific crimes,” an apparent reference to the firm’s litigation related pro bono practice and successful challenges to immigration related policies. The EO accuses WilmerHale of “furthering the degradation of the quality of American elections,” an apparent reference to the film’s involvement in challenges to restrictive state voter-identification and voter-registration laws. The EO singles out certain current and former WilmerHale partners, including Robert Mueller, for special criticism by describing Mr. Mueller’s investigation as “one of the most partisan investigations in American history” and having “weaponized the prosecutorial power to suspend the democratic process and distort justice.” The EO then Revokes security clearances held by WilmerHale attorneys; Prohibits the federal government from hiring WilmerHale employees absent a special waiver; Orders a review and the possible termination of federal contracts with entities that do business with the firm; Calls for the withdrawal of government goods or services from the firm; and Calls for restrictions on the ability of WilmerHale employees to enter federal buildings (presumably including federal courthouses) and on their “engaging” with government employees. WilmerHale’s Complaint WilmerHale engaged Paul Clement, a former Solicitor General during the George W. Bush administration and a well-known advocate frequently representing conservative causes, to represent the firm in this matter. Assisted by some 15 WilmerHale litigators, the complaint names the Executive Office of the President and 48 other Departments, Commissions, and individual Officers in their official capacity as defendants. A variety of constitutional violations are alleged: The First Amendment protects the rights of WilmerHale and its clients to speak freely, and petition the courts and other government institutions without facing retaliation and discrimination by federal officials. The separation of powers limits the President’s role to enforcing the law and no statute or constitutional provision empowers him to unilaterally sanction WilmerHale in this manner. The EO flagrantly violates due process by imposing severe consequences without notice or an opportunity to be heard. The EO violates the right to counsel protected by the Fifth and Sixth Amendments and imposes unconstitutional conditions on federal contracts and expenditures. The complaint alleges that WilmerHale has already suffered irreparable damage in the 16 hours since the EO issued. The firm has been vilified by the most powerful person in the country as a “rogue law firm” that has “engaged in conduct detrimental to critical American interests. The EO will inevitable cause extensive, lasting damage to WilmerHale’s current and future business prospects. The harm to the firm’s reputation will negatively affect its ability to recruit and retain employees. Further Proceedings Temporary restraining orders constitute emergency relief upon a showing of likely success on the merits and irreparable harm were the temporary relief not entered. A later hearing will be held in order for the judge to determine whether a preliminary injunction should be issued preventing the government from executing the EO during the continued length of the litigation. Editorial Note: In light of the recent capitulation of several “Big Law” firms to the unreasonable and unconstitutional attacks by the Trump administration, WilmerHale is providing a blueprint for resistance as it fights back. More law firms need to be inspired by WilmerHale’s response to Trump’s demand for revenge on his so-called political enemies. John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
Tom Timberman was one of the founders of Common Sense for the Eastern Shore. Sadly, he died last month. He will be missed. Common Sense exists because of his leadership and inspiration. His vision was to provide factual and timely commentary and analysis on topics that concern people who live and work on Maryland's Eastern Shore, and to provide factual reporting to help readers shape their own lives. It was important to Tom, as it is today to the editorial board, for Common Sense to help voters to be aware of the effects — personal and local — of decisions made at the federal and state levels. Especially relevant now is this from our Mission Statement: “We seek an America responsive to its citizens and its constitution.” We reprint this tribute from Bill Flook, President of the Democratic Club of Kent County : Many of us were deeply saddened to learn of TomTimberman’s passing last week. It’s hard to believe that such a strong Democratic voice is gone. I worked with Tom for much of the past decade on many good projects promoting our values and activities, including helping on his campaign for County Commissioner, and I’ll particularly miss following his lead as Captain of the Dawn Patrol. Our group met most Saturday mornings for coffee and some good chat, before heading up to Dems HQ to set up the booth there. We’ll miss you, Tom!
After over 12 hours of debate over two days (and a whole circus from the other side), the Maryland House of Delegates has passed HB 350, this year's state budget, and sent it to the State Senate. This budget is a deal between House Democrats, Senate Democrats, and Governor Wes Moore. It faces our state's $3 billion deficit head-on not with fantasy math, but with real choices: smart cuts and fair new revenue. This is what grown-up governing looks like. How We Got Here: Maryland’s budget problems didn’t start overnight. Leaders began warning about a shortfall in 2017 when Governor Larry Hogan was in office. Hogan made our state budget bigger every year, but the legislature wasn’t allowed to move money around or make common-sense changes. By law, they could only make cuts. In 2020, Maryland voters changed that. Starting in 2023, lawmakers finally got full power to shape the budget, not just cut from it. Instead of fixing the problem, Governor Hogan used federal COVID relief to hide our fiscal instability. Then, before leaving office, he drained our state’s savings from $5.5 billion to $2.3 billion to boost his image. Today, we are facing a new fiscal arsonist. Donald Trump’s trade wars and cuts to federal programs hit Maryland hard. We have more federal jobs and agencies than any other state, so we felt it worse than most. A University of Maryland study says Trump’s tariffs alone could cost us $2 billion. Trump/Musk's policies caused over 30,000 people in Maryland to lose their jobs, offices to shut down, and promised investments to disappear. These federal cuts added another $300 million to our budget deficit. COVID relief gave us a short break and even created a fake surplus under Hogan, but that money is gone now. Meanwhile, housing, healthcare, and college prices have gone way up. The Trump–Musk White House is making it worse by cutting even more funding, eliminating research, and gutting the services we rely on. That’s why Maryland had to act. We needed a real plan to protect working people, fund our schools and hospitals, and keep our state strong. Why Cuts Were Needed Trump’s trade wars and cuts to federal agencies hit Maryland harder than any other state. A University of Maryland study says those tariffs alone could cost us $2 billion. That hurts real people: A chicken farmer on the Eastern Shore is paying 25% more for fertilizer. A dock worker in Baltimore has fewer ships to unload. A restaurant owner in Western Maryland can’t afford eggs and tomatoes. We’ve lost over 30,000 jobs. Offices have shut down. Promised investments disappeared. The decisions of the Trump/Musk administration added $300 million to our state deficit.
The 2024 presidential election was over swiftly. The Associated Press called it at 5:34 am on Nov. 6, and by 8 am, President-elect Donald Trump was crowing about the “ historic mandate ” given to him by the American people. A “mandate”? Turns out not. Trump jumped to an early lead on election night, but in the following days, his lead diminished as mail-in and provisional ballots were counted. A Baltimore Banner article on Nov. 6 highlighted the “Trump shift” that had occurred in every political subdivision in Maryland, even in counties where Democrat Kamala Harris won. This shift described the increase in Trump support since his loss to President Joe Biden in 2020 . As of Nov. 6, the biggest Trump shift was an 8.1% increase in his support in red Cecil County, but there were also shifts in the central Maryland counties that are the state’s Democratic strongholds — 4.3% in Montgomery and lesser amounts in other blue counties. Fourteen counties recorded shifts of 4% or more. On the Eastern Shore, every county had a shift over 4.5% except Talbot (2.7%), and the five largest shifts were Shore counties. For the state’s Democrats, it did not look encouraging. But as mail-in and provisional ballots were counted across the state, the Trump shift was reduced everywhere, and as of Nov. 16, disappeared altogether in Garrett (-1.2%) and Charles (-0.1%) counties. The shift dropped below 3% in all Maryland counties. Cecil’s shift became 2.1%. Montgomery’s shift dropped to 2.9%. Talbot’s shift declined to 0.2%, lowest of the Eastern Shore counties. Now, instead of five, only two of the highest five shifts were in Eastern Shore counties. The red bars in the chart below represent the Trump shift percentage values as of Nov. 16, in ascending order. The grey bars represent the misleading (and ephemeral) Trump shift percentage values as of Nov. 6. Please note the degree to which the Trump shift lessened and disappeared in the 10 days after the election. Another red mirage. But if you had only read the Nov. 6 article and not looked at the updated data, you would have been fooled into thinking Trump support is stronger than it is.
