Fortifying Farm Labor Takes Hard Work

FFVA was encouraged by the introduction of the Border Security, Economic Opportunity and Immigration Modernization Act, the landmark immigration reform bill proposed by the so-called Senate “Gang of Eight” in April. The measure included key provisions addressing agriculture’s need for a legal, stable workforce.

The proposed bill’s agricultural component is based on an agreement reached among the Agriculture Workforce Coalition (AWC), the United Farm Workers (UFW), and the senators just prior to the introduction of the legislation. FFVA President Mike Stuart and Director of Labor Relations Mike Carlton have represented Florida growers as a founding member of the AWC to hammer out a viable program for agricultural employers that will ensure access to the workers they need.

Stuart hailed the legislation during a recent news conference in Washington, DC. He joined the leaders of five other key agriculture organizations from across the country as well as UFW President Arturo Rodriguez.

“This is a historic moment. It has brought agriculture and labor together to find a solution for American agriculture, and I think it really is a once-in-a generation opportunity that we can’t afford to let go by,” Stuart said. “The legislation unveiled is a significant step that points us toward meeting agriculture’s objective of ensuring access to a reliable, skilled workforce now and in the future. The key to the proposal’s strength lies in important and critical bipartisan support from lawmakers and backing from agricultural employers and farmworker groups alike.”

Political Power

Four lawmakers were charged with developing a framework for agriculture to be included in the bill: U.S. Sen. Marco Rubio of Florida, Sen. Dianne Feinstein of California, Sen. Orrin Hatch of Utah, and Sen. Mike Bennet of Colorado. FFVA especially thanks Rubio who, during the process, championed an approach that will accomplish the goal of immigration reform while preserving farmers’ ability to provide nutritious, abundant, and safe food for Americans.

The framework includes a Blue Card program for experienced farmworkers that would allow currently undocumented workers to secure legal status by meeting certain conditions. Under the program, workers are eligible to apply for permanent resident status if they meet future agricultural work requirements and other conditions. They must work 150 days per year in agriculture in three of the next five years or 100 days per year in agriculture in five of the next seven years. They cannot have a criminal history, and they must pay back taxes and a $400 fine.

The bill also establishes an agricultural worker visa program to replace the current H-2A program. The program would have two options: a portable, at-will W-3 visa allowing workers to move among employers as opportunities arise, and a contract-based W-2 visa program. Both would be administered by USDA.

The H-2A program would be phased out one year after the new visa program is enacted. The visa would be for a three-year period and could be renewed once. Employers would have to register with the USDA as a Designated Agricultural Employer to participate. Workers would lose status and would be required to leave the U.S. if they are unemployed for more than 60 consecutive days.

The bill sets a cap on the number of visas allowed each year as well as wage rates for six job categories. Not surprisingly, those two issues proved to be the most difficult for ag leaders and labor leaders to agree on. Other provisions in the bill address worker housing and transportation.

More Work To Do

As one person remarked after the Senate bill was introduced, “This was the end of the beginning.” The Senate and House will both have to get their versions of the bill passed and then move a measure through the conference process. It’s a long road ahead that will be lined with potholes and obstacles. As part of the AWC, FFVA is committed to the principles that our group and the UFW worked so hard to forge. Those tenets will guide our efforts as we work with legislators on this immense, historic effort.

Look for additional details and updates as the bill moves through Congress.