Senate Passes Immigration Reform

Posted by Paul Rusnak|June 27, 2013

The landmark immigration legislation, the Border Security, Economic Opportunity, and Immigration Modernization Act, is headed to the House of Representatives in July. The act, passed in the Senate, by a vote of 68-32, includes agricultural labor provisions that secure access to a stable, legal workforce.

Key agricultural labor provisions included in the immigration reform bill passed by the Senate include:

Current undocumented farm workers will be eligible to obtain legal status through a new Blue Card program if they choose to remain working in agriculture:

Ag workers who can document working in U.S. agriculture for a minimum of 100 workdays or 575 hours prior to Dec. 31, 2012, can adjust to this new Blue Card status.
After a minimum of five years, workers who fulfill their Blue Card work requirements in U.S. agriculture will become eligible to apply for a Green Card, providing that they have no outstanding taxes, no convictions and pay a fine.

A new agricultural guest worker program will be established, with two work options:

An “At-Will” option will allow workers to enter the country to accept a specific job offer from an authorized agricultural employer, under a three-year visa. Employees will then be able to move within the country, working “at-will” for any other authorized agricultural employer during that time. Employers must provide housing or a housing allowance to these workers.
A “Contract-Based” option will allow workers to enter the country to accept a specific contract for a specific amount of work from an authorized employer. This will also provide for a three-year visa, and require employers to provide housing or a housing allowance.

All guest workers will be paid an agreed-upon wage under the terms of this agreement.
There is a visa cap for the first five years of the program while current workers are participating in the Blue Card program. The Secretary of Agriculture has the authority to modify that cap if circumstances in agricultural labor require.
The new program will be administered by the USDA.

Statement from the United Fresh Produce Association:
“We applaud the Senate for seizing the opportunity to enact immigration reform that is desperately needed in the fresh produce industry and many other sectors of agriculture,” said Tom Stenzel, United Fresh CEO. “This bill will ease the burden on agricultural employers, create more jobs along the entire supply chain, and boost the economy. We appreciate the efforts of our allies in the Agriculture Workforce Coalition and United Farm Workers with whom we worked to advance provisions that will provide a legal and stable workforce for fruit and vegetable growers.”