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Alternative Proposals on Farmworker Immigration Policy


Widespread support for the AgJOBS farmworker immigration legislation has not stopped members of Congress from introducing proposals that would result in unfair treatment of farmworkers.  The major alternatives are described below following a discussion of the Administration’s plans regarding the agricultural guestworker program.
 

White House 


In mid-2007, the White House supported a comprehensive immigration reform package that included a revised version of the AgJOBS legislation.  Following the July filibuster of the comprehensive bill in the Senate, the White House announced plans to increase enforcement efforts against unauthorized immigration.  The White House plans include a new rule regarding “no match Social Security numbers” and increased immigration raids.  This increased enforcement will have a detrimental effect on the agricultural sector.  It will drive undocumented workers further underground, leaving workers even more vulnerable to exploitation and further destabilizing the farm labor force.  The White House also announced plans to revise the H-2A agricultural guestworker program regulations.  Although no details have been provided, given the White House’s previous recommendations for changes to the H-2A program (see our bulletin regarding the “leaked” White House immigration principles at the end of March 2007), we suspect the proposed changes would weaken important worker protections. 

Congress should not permit one-sided changes to the H-2A program and harsh enforcement measures that will harm workers, farmers and consumers.  Congress should enact the bipartisan, labor-management AgJOBS proposal.  AgJOBS would provide America with a stable farm labor force and help ensure that farmworkers are treated fairly.  America’s farmworkers, farmers, and consumers of fruits, vegetables and other vital agricultural products need AgJOBS.

 

Senate


 
Senator Saxby Chambliss (R-Ga.) has a long history of proposing harsh, one-sided changes to the H-2A temporary foreign agricultural guestworker program.  Sen. Chambliss’s primary goal is to eliminate wage protections in the H-2A program in order to provide growers with cheap foreign labor. 

When the Senate debated the proposal to increase the federal minimum wage in January 2007, Sen. Chambliss filed a proposed amendment that would have slashed wage rates paid to farmworkers under the H-2A guestworker program.  His amendment intended to eliminate the H-2A  adverse effect wage rate (AEWR), which is designed to prevent foreign workers from exploitation and U.S. workers from wage depression, and would have redefined the “prevailing wage” as one based only on entry-level wages. 

Thanks to the work of those opposing the Chambliss farmworker wage amendment to the minimum wage bill, Sen. Chambliss withdrew his amendment.  However, we can expect to see more such amendments from Sen. Chambliss in the future.

The debate on Sen. Chambliss’ amendment to the minimum wage bill gave Senators Kennedy, Feinstein and Craig an opportunity to speak about the need for AgJOBS.  The bipartisan AgJOBS bill addresses the controversial wage rates in the H-2A program and provides a tough but balanced compromise regarding the AEWR.  We look forward to your continued help in fighting Sen. Chambliss's efforts to undermine farmworker rights and your support in passing AgJOBS. 

  • Click here to read a description of Sen. Chambliss’s amendment to the minimum wage bill.

  • Click here to read a sign-on letter opposing Sen. Chambliss's amendment.   

  • Click here to read a letter from the United Farm Workers opposing Sen. Chambliss's proposed amendment to the minimum wage bill.

  • Click here to read a Bulletin entitled Senator Chambliss’s Harsh Attempts to Reform the H-2A Program.

 In May 2006, Sen. Chambliss proposed a similar amendment to AgJOBS during the Senate debate on immigration reform. To read more about that debate, please see our 109thCongress/CongressionalDebate page.

 

House


 
Representative Lincoln Davis (D-Tenn.) has proposed a bill, HR 934, that would slash farmworker wages in the H-2A agricultural guestworker program.  Click here to read more about his bill.

Rep. Bob Goodlatte (R-Va.) has once again introduced a one-sided, anti-worker proposal to revise the H-2A temporary agricultural guestworker program.  His bill, the Temporary Agricultural Labor Reform Act of 2007, H.R. 1792, would revise the H-2A program by reducing governmental oversight, allowing employers to displace U.S. workers, and subjecting guestworkers and U.S. workers to substandard wages and working conditions with no meaningful ability to enforce their rights.  To read more about his bill and the effect it would have on farmworkers, please click here.

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