Right To The Core: E-Verify Ahead: Impact on Agricultural Labor

A crisis is looming for apple growers and others in labor-intensive agriculture. Congress is on track to make every employer use the federal “E-Verify” program. The House may pass it this summer before adjourning for August recess. The Senate could approve E-Verify by year’s end. Making mandatory E-Verify the law of our land is a priority for today’s more conservative House and Senate. President Obama will likely sign mandatory E-Verify legislation since it would enforce current law.

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U.S. companies are required to employ only individuals who may legally work in the United States, either U.S. citizens or foreign citizens who have the necessary authorization. E-Verify is the federal government’s Web-based system that allows businesses to determine the eligibility of their employees to work in the United States. Under mandatory E-Verify, every U.S. employer would have to use the program when hiring. All current employees could also be subject to E-Verify screening.

Many growers and their employees will lose their livelihoods unless a workable program is developed to meet the labor needs of agriculture. If there are not enough agricultural workers to prune, pick, pack, and process the nation’s apples and other specialty crops, all industry sectors — both upstream and downstream — will suffer.

Furthermore, if crops do not get picked, then nothing else matters. Not apple research, not the best marketing or new variety, not passing your orchard onto your children, not a great Farm Bill, not food safety, and not exports. Rural communities will suffer. Smaller growers will be left behind and larger ones will try to move overseas, leaving the U.S. reliant on others for food. Consumers will enjoy more imported fruit produced by our overseas competitors. This could also add pressure on the U.S. to allow imports of Chinese apples into our market.

Other growers will shift to less labor-intensive agricultural production where combines do the harvesting. Or they will leave agriculture.

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The effect of mandatory E-Verify will likely screen out 70% or more of our agricultural workforce. There are about 1.6 million farm workers in labor-intensive agriculture. Each supports two to three full-time American jobs in food processing, transportation, farm equipment, marketing, retail, and other sectors (an estimated 70-plus % of the agricultural workforce is undocumented or fraudulently documented).

Some lawmakers might respond that agriculture has a guestworker program and that more growers should use it. The H-2A program brings in a small fraction of the seasonal workers in the U.S. Last year, just more than 60,000 workers arrived under the program. It is dysfunctional and irreparably torn. USApple supported vastly needed improvements, which were adopted by the Bush Administration. However, the Obama White House repealed them and made H2-A worse. Apple growers say it is unpredictable and difficult to use. The paperwork is crushing and confusing.

If Congress makes mandatory E-Verify effective immediately, the current H2-A program cannot ramp up fast enough to provide close to 1 million-plus foreign workers on time. The infrastructure simply does not exist at the Department of Labor, including U.S. Consulate Offices in foreign countries where interviews occur with prospective workers.

“There are simply not enough Americans willing to do the jobs of migrant farm workers,” said Rep. Elton Gallegly (R-CA), Chairman of the House Immigration Subcommittee at a recent immigration hearing. However, many in Congress disagree.

What can be done? Does Congress need to see crops rotting on the orchard floor or in the fields to believe our survival is at risk?

Get Involved

First, get active. If you do not know your Members of Congress, get acquainted and educate them about the critical impact that your business and others like it have on your local economy. Request a meeting when they are back home. Make your opinions heard by attending one of their local town hall “open mic” sessions. Talk about your business, jobs, the rural economy, and the critical need for a legal, reliable, and stable workforce.

Second, support organizations like USApple and the National Council of Agricultural Employers, who are working closely for maximum impact with farm allies from East to West. USApple has held more than 100 meetings on Capitol Hill since winter to seek support from apple members of Congress to prevent the looming crisis. We are your national apple voice in Washington, D.C.

At press time, an E-Verify bill had not yet been introduced. However, by the time you read this column the debate may be underway and a vote looming on Capitol Hill. Please watch for “Action Alerts” from USApple because your voice will be needed to prevent harmful legislation from passing when critical votes occur. Also, let us know at USApple if you would like more information about how you can get involved (800-781-4443).

Apple growers can be proud that they produce healthy fruit which the new Dietary Guidelines, the medical community, and health officials say we should eat more of to fight obesity and improve health. At the same time the government is threatening to disrupt our production by putting our valuable labor in jeopardy. It’s time for action before the crisis arrives. It’s vital for our crops, for our food security, and to preserve the millions of on- and off-farm jobs that depend on American agriculture.

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