Labor Bill Would Reform H-2A Guest Worker Program

By Kimberly Warren
Staff Writer

Another attempt at reforming the H-2A guest worker program has been introduced.

Senator Larry Craig, R-Idaho, introduced an updated version of Agricultural Jobs, Opportunity, Benefits and Security Act (AgJOBS) on Sept. 23. AgJOBS has support from both Republican and Democrat senators, and more than a dozen have joined him in sponsoring the bill.

This bill would provide a two-step approach to a stable, legal, safe ag work force, according to a press release from Craig’s office.

“It would streamline and expand the H-2A guest worker program – the long-term solution,” Craig wrote in the release. “It would provide a one-time adjustment to legal status for farm workers already working here – providing the near-term bridge that would allow American agriculture to adjust to a changing economy.”

Craig went on to write that AgJOBS would not create an amnesty program.

“Eligible workers already in the United States could continue to work in agriculture, but could now do so legally,” Craig wrote. “They will be given the chance to earn adjustment to legal status by demonstrating reliability and a strong work ethic. Adjusting workers may also work in another industry, as long as the agriculture work requirement is satisfied.”

In other information from Craig’s office, Craig wrote that AgJOBS would not create new immigration: “Adjustment would be limited to incumbent farm workers with a significant work history in U.S. agriculture. The adjusting worker would have non-immigrant, but legal, status.”

In introducing this bill, Craig is hoping to reform the only other current guest worker program: H-2A, which he called “profoundly broken.”

“The H-2A process is slow, bureaucratic and inflexible,” Craig wrote. “The current process is so expensive and hard to use, it will place only about two to three percent of the total ag work force. A General Accounting Office study found the Department of Labor misses statutory deadlines for processing H-2A employer applications more than 40 percent of the time.”

Craig’s bill would work to eliminate illegal workers – including the trafficking of people across the border and the dangers associated with it.

“Workers smuggled into the United States illegally cannot claim the most basic legal rights and protections,” Craig wrote. “They are vulnerable to predation and exploitation.”

Craig went on to explain that AgJOBS would meet the increasing needs for growers, as well.

“Our farmers face serious challenges regarding their workforce,” he wrote. “Of the United States’ 1.6 million agricultural workers, more than half are not legally authorized to work here. With recent, stepped-up documentation enforcement, farm workers are being scattered and the work force is being constantly and increasingly disrupted. Ag employers want a legal work force and must have a stable work force to survive.”

As a member of the Appropriations Subcommittee on Homeland Security and the Judiciary Subcommittee on Immigration, Border Security and Citizenship, Craig wrote the bill so it would benefit national security.

“Consumers need a safe, stable, domestic food supply. Our nation needs secure borders, a safe homeland and a government that works,” Craig wrote. “Yet Americans are being threatened on all these fronts because of a growing shortage of legal workers in agriculture…when thousands of farm workers are brought out of this ‘underground economy,’ register with this government program and verify compliance with the law, border and homeland security would benefit.

“AgJOBS is a win-win-win approach. Workers would be better off than under the status quo…Growers and workers would get a stable, legal work force. Consumers would get better assurance of a safe, stable, American-grown, food supply – no an increased dependence on imported food.”

To follow AgJOBS, visit Craig’s Web site at http://craig.senate.gov


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