No Visas Issued for Costa Rican Banana Plantation Workers

According to a news source, Costa Rican farmers who allege they were injured
by exposure to a pesticide used on Dole Food Co.’s banana plantations have
been unable to obtain visas to enter the United States for medical testing. A
state court ordered that the plaintiffs be tested in U.S. laboratories, apparently
to avoid evidence tampering. Embassy officials have reportedly denied the
visas finding that the applicants lack “sufficient ties to Costa Rica.” Plaintiffs’
counsel Mark Sparks contends that his clients are “extremely poor” and lack
the indicia of residency, such as bank accounts, business records and car titles,
that embassy officials have requested.

Plaintiffs’ and defendants’ counsel have reportedly drafted a letter for the
presiding judge to send to U.S. embassy officials to allow the Costa Rican
plaintiffs to travel to Los Angeles for the limited purpose of medical testing
and responding to interrogatories. At least one legal commentator has
suggested that the letter may not be persuasive, saying “State courts obviously
don’t have any way of compelling the federal government to allow
a non-citizen to come to the United States.” See (California) Daily Journal,
January 21, 2011.