Inside D.C.

Long, uphill trek to ag immigration reform begins

Rep. Zoe Lofgren (D, CA), chair of the Judiciary Committee’s subcommittee on immigration policy and enforcement, and senior appropriator Rep. Dan Newhouse (R, WA) last week stood at a press conference to announce introduction of their “Farm Workforce Modernization Act,” the latest and most ambitious try at fixing what ails agriculture on the immigration reform front.  Flanking the two West Coast lawmakers were representatives of many of the 236 local, state and national ag groups supporting the bill, including the National Farmers Union (NFU), as well as from the United Farm Workers (UFW), and a 42-member bipartisan passel of House colleagues signed on as cosponsors.

Conspicuous by their absence from this impressive array of ag immigration reform supporters, however, are two important players:  The American Farm Bureau Federation (AFBF), the globe’s largest farm group, says it’s “studying” the bill; the White House isn’t saying anything about the legislation, and Newhouse explains, “We’re still educating.” 

The reform package has been under active negotiation since January, and is designed to address the increasing shortage of legal ag workers in the U.S. while providing “a compromise solution for American agriculture.” That legal magic is focusing on reinvention of the H-2A seasonal ag worker visa program.  Everyone agrees H-2A is broken and needs fixing or replacing.  However, the bill also seeks to create a legal status for the 8-10 million undocumented alien workers now in the U.S., while at the same time mandating the federal E-Verify system, minimizing some wage rate pain and housing responsibilities for employers and creating a new “merit-based visa program specifically designed” for the ag, says Lofgren.

The path to “legal status” the undocumented means the bill faces an uphill battle to enactment because even the concept of a “path to citizenship” or some form of legal status antagonizes the conservative wing of the GOP.  It can also be assumed Democrats won’t be happy with mucking about with worker wage rates or easing any economic pain claimed by employers, whether it be wages or housing outlays.    

The bill requires workers and their families seeking “certification” as legit ag workers to demonstrate at least 180 days of ag employment in the previous two years.  If successful, those workers receive a renewable five-year ag visa.  To renew, a worker must work at least 100 days each year. 

The visa options allow a legit ag worker to earn a “legal permanent resident (LPR)” card.  To get LPR status, an applicant pays a $1,000 fine and gets two work options:  If a laborer has worked in ag for at least 10 years before the bill is enacted, that worker works four more years in ag and then applies for LPR status; if a worker hasn’t worked in ag for 10 years, they must work eight more years to be eligible.

The legislation tackles the need for year-round labor needs, a major priority of several ag interests including the dairy industry.  Year-round labor needs would be fixed in party by dedicating 40,000 more green cards per year to ag workers.  The bill creates an option for H-2A visa holders to apply for a green card directly after completing 10 years of work in the U.S.  Included also is a new program for employers who need temporary workers on a year-round basis under which USDA and DOL could increase visa caps if market conditions warrant.

The bill also tackles wage reform so H-2A visa holders’ salaries “better reflect real-world wages.” Wages would be calculated based on specific job functions as opposed to a single flat rate paid to all.  The authors and supporters understand this could translate to lower wages for crop workers but higher wages for machine operators.  Employers are protected against wage spikes, with 2020 wages frozen at 2019 levels.  Wages in 2021-2029 could not drop by more than 1.5% or increase by more than 3.25%.

Lofgren is working with Judiciary Committee Chair Jerry Nadler (D, NY) to try and set a date for a markup.  She says she’s talked with several senators about the bill.  Sen. Dianne Feinstein (D, CA) says she supports the House effort and has committed to moving the bill through the Senate.

Lofgren, Newhouse, Feinstein, their colleagues, the UFW and the aggies supporting the bill represent what should be an almost perfect storm of support for much-needed ag worker immigration reform.  The best description of the much-needed effort, absent AFBF support and at least a nod from the White House, is that it’s a good first step in what will be a long trek to fruition. 

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