Federal E-Verify Legislation Marches On
August 2, 2011 After Congress returns from the August recess, the U.S. House of Representatives Judiciary Committee is expected to take up a mandatory E-Verify bill. The bill, H.R. 2164, introduced by Judiciary Committee Chair Lamar Smith (R-TX), would mandate the use of the federal E-Verify system to determine the work eligibility of prospective employees. In a written statement released by Smith, he stated, “With unemployment at 9%, jobs are scarce. Despite record unemployment, 7 million people work in the U.S. illegally. These jobs should go to legal workers.”
Enactment of H.R. 2164 would deprive California winegrape growers of a majority of their current skilled labor force, as well as nearly the entire pool of applicants willing to do vineyard work. Agricultural groups are actively opposing H.R. 2164.
Congressman Dan Lungren (D-CA), co-chair of the Congressional Wine Caucus, is circulating legislative language that he wants to offer as an amendment to H.R. 2164. Lungren’s amendment would require the Secretary of Agriculture to establish a non-immigrant agricultural worker visa program, in consultation with the Secretary of Homeland Security.
Under the program, growers could hire qualifying non-immigrant agricultural workers for a period of 10 months, within a 12-month period. Growers participating in the program could name their desired workers and give preference to those previously employed in agriculture in the U.S. Workers would have to be continuously employed in agriculture or actively seeking such employment after admission. The Lungren amendment would help blunt the worst of H.R. 2164, but remains an incomplete solution.
Source: California Association of Winegrape Growers
Note: For a preview of how E-Verify legislation might affect the nation’s fruit and vegetable growers, check out the August cover story of American Vegetable Grower magazine.