Evolution of the farm labor force and immigration reform

proposals

David RunstenCommunity Alliance with Family

Farmers

H-2A Requirements• Submit request 60-75 days ahead of need• Document a search, including advertising, for qualified

US workers and accept any that apply• Create a contract ahead of recruitment that specifies

wages, hours, weeks of employment, place, crop, task• For jobs that last no longer than 10 months• Pay for transportation from and to country• Provide housing and have it inspected• Provide transportation to fields• Provide 3 meals a day for $12 or a kitchen• Guarantee at least 35 hours a week

H-2A Requirements• Guarantee at least ¾ of contract• Provide workers’ compensation insurance• Provide all tools and equipment• Pay by the hour at the highest of:– Federal minimum wage—$7.25– CA minimum wage--$8.00– Prevailing wage--$8.70 (Madera, lowest skill)– CA Adverse Effect Wage--$10.24– OR, WA Adverse Effect Wage--$10.92

• Pay all US workers this wage as well

H-2A Problems• Program not well supervised, rules not always followed– Workers pay recruiters to get included in Mexico– Required hourly wages not always paid

• Workers have no rights, can’t change jobs• Program costly for growers, bureaucratic, costs maybe

40% more than undocs• Long lead time to get workers• Only accounts for 3% of ag labor force (about 55,000

workers per year)• In CA, growers all get sued by CRLA

Ag Jobs Proposal• Legalizes undocumented farmworkers and recent H-2A

guestworkers—”blue card”– Worked in US ag for at least 150 days in a defined recent 2

year period– Not a criminal (as defined)– Pay application fee and fine of $100

• Blue card workers can earn Green card by:– Working 100 days a year in ag for 5 years– Working 100 days in ag one year and 150 days for the

subsequent 3 years– Working 150 days in ag a year for 3 years– Pay application fee, $400 fine, income taxes

Ag Jobs Proposal• Family and minor children of blue card holders

residing in the US would be legalized• Changes to H-2A:– May be able to pay workers’ rent rather than

provide housing– Makes downward adjustments to AEWR– Workers gain access to US courts– Goat herders, sheep herders, and dairy workers

could apply for green card after 3 years of work under H-2A

Dan Lungren Proposal

• Administered by USDA• Issues 10-month “w” visas to a number of

workers each year determined by USDA• Employers enroll in program and provide

information about their labor needs• Employers can request specific “w” workers• “W” workers must be continuously employed in

agriculture with enrolled employers, but can move among those employers

Dan Lungren Proposal• Employers deposit the equivalent of Social

Security and Federal UI withholdings to cover expense of program

• Employees’ SS withholdings deposited in trust fund to be paid upon their return home

• “W” workers not eligible for federal financial assistance

• All labor laws apply• No legalization of undocumented• H-2A continues to exist

Our Immigration Reform Principles1. No industry-specific guestworker programs2. No bureaucratic programs3. All workers have full labor rights, including

the right to change jobs and work for anyone4. Family reunification for permanent

immigrants, but remove right to immigrate siblings

5. Minimize employer costs so all can utilize6. Fees charged to immigrants covers cost

“Low-regulatory, low-cost” Proposal• Legalize undocumented, charge them fees—just

give them all work visas• Deport criminals• Set up to admit legally a large group

(250,000?)of low-skilled workers every year, issuing them work visas good for 5 years

• Number admitted adjusted every year by a commission or some other means

• No special recruitment of US workers, no AEWR, just the labor market

“Low-regulatory, low-cost” Proposal• Workers can change jobs, come and go from US,

subject to all labor laws, can collect on insurance payments (UI, SS, WC), but not welfare

• At end of 5 years, worker can apply for another 5-year visa or for a green card, depending on circumstances (whether has a permanent job and work history)

• Path to citizenship• Move toward secure documents for everyone, E-

verify