The article “Ag issues crop up in Gardner’s tour” quotes a farm operator who suggests that problems in the H-2A agricultural guest worker program should be solved by turning the program over to the U.S. Department of Agriculture. The USDA has no infrastructure, expertise, or history administering guest worker programs, in agriculture or in any other sector.
The U.S. Department of Labor has the longstanding responsibility for several guest worker programs. Taxpayer money would be wasted in such a restructuring.
Although H-2A program delays are being addressed, we agree that there should be more resources to administer the program and enforce the modest labor protections for U.S. and foreign farmworkers. The fees charged to employers for this program’s services are woefully low, inadequate to the task, and should be raised. The more important solution is for Congress to pass comprehensive immigration reform that includes an opportunity for immigration status and a path to citizenship for undocumented farmworkers, who make up the majority of the agricultural workforce.
Washington, District of Columbia
Today, the Supreme Court ruled against the Obama Administration’s executive action on immigration. The Court announced that the eight Justices were split 4-4 in U.S. v. Texas, and consequently the lower court rulings against the Administration remain in place. The one-sentence opinion simply says that the lower court decision is affirmed. The injunction against the programs remains in place while the litigation proceeds.
The decision means that the Obama Administration may not implement the Deferred Action for Parents of Americans (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). More than 700,000 farmworkers and family members would have been eligible to apply under these programs, which would grant a temporary reprieve from deportation and temporary work authorization.
“We are extremely disappointed and saddened that hard-working farmworkers and their family members who contribute to this country will not have the opportunity to apply for DAPA or the expanded DACA initiatives,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy organization for farmworkers. “The majority of the people laboring on our farms and ranches lack authorized immigration status; these programs would have provided some of them with temporary protection from deportation and authorization to work.”
He added: “We will continue to help farmworkers fight for immigration reform to bring greater justice to the fields and to ensure a prosperous, productive agricultural sector of the economy. We count on farmworkers for our food and they should be able to count on us for fair treatment. Farmworker Justice will continue to advocate for Congressional action to grant a path to immigration status and citizenship for undocumented farmworkers and other undocumented immigrants living and working in the US.”
The newest Farmworker Justice Newsletter contains timely updates on our immigration work, a new skin cancer prevention project, an update on the progress of the Equitable Food Initiative and much more.
[Editor’s note: This guest blog post comes from Migrant Clinicians Network’s blog, “Clinician-to-clinician: A Forum for Health Justice.” The original blog post can be found here. Migrant Clinicians Network is a nonprofit focused on health justice for the mobile poor.]
By Amy Liebman, MPA, MA, Director of Environmental and Occupational Health, and Claire Hutkins Seda, Writer & Editor, Migrant Clinicians Network
Last week, the Labor the picture is even more complicated. They typically labor in jobs that regularly post the highest numbers of injuries each year, like farming, fisheries, industrial food processing, dairies, and construction. On top of that, they often have very low pay rates and job insecurity, due to the often temporary nature of their work. Consequently, their basic economic security is often in jeopardy, even without an injury at work. This critical segment of our country’s workforce -- the immigrants who build the roofs over our heads, harvest the vegetables on our dinner plate, and head to work to clean our office buildings while we head to bed -- is in dire need of sufficient protection considering their financial concerns and likelihood of injury. And, for some of those workers, the system doesn’t provide any protection at all.
While state-based workers& Department put out a report on state-based workers’ compensation rules. The report calls for an increased federal role in workers’ comp to ensure that injured workers are provided with adequate insurance benefits to keep them afloat while they heal -- the original intent of workers’ comp. “Recent years have seen significant changes to the workers’ compensation laws, procedures, and policies in numerous states, which have limited benefits, reduced the likelihood of successful application for workers’ compensation, and/or discouraged injured workers from applying for benefits,” the report reads, calling out denial of claims that were previously compensated and a decrease in cash benefits as examples of the weakening of workers’ comp around the country. Such changes challenge the insurance system’s effectiveness in providing a timely return of the worker to work and may diminish the ability for public health officials to understand trends in injuries in order to address ongoing hazards, through a review of workers’ claims.
For immigrant workers,rsquo; comp laws have existed in the US since 1911, the laws when first enacted didn’t cover all workers; those employed in agriculture were mostly excluded from most workers’ comp laws, leaving them out of the insurance system entirely.
Today,14 states require employers to provide agricultural workers the same workers’ compensation insurance as workers in other industries. (See MCN’s Pesticide Reporting and Workers’ Comp in Agriculture Map to see state-by-state requirements.) So, for farmworkers, who have been excluded by the state systems, federal involvement may be the only way to gain more inclusion. For those farmworkers who are covered, the increasingly weak and broken workers’ comp system is two steps forward and one step back.
We at Migrant Clinicians Network applaud the Labor Department’s report in calling out the weakening state workers’ compensation systems. We call on states across the US to both augment its rules to allow for farmworkers to benefit from workers’ comp, while simultaneously fortifying its safety net to assure that workers’ comp can effectively protect injured workers of any industry.
Learn more about workers’ comp for farmworkers, state-by-state on Migrant Clinicians Network’s Workers’ Comp and Pesticide Exposure Reporting map, here.
Read the Labor Department’s report, here.
Learn more about workers’ comp in the US today in ProPublica/NPR’s 2015 investigative reports, here.
On November 20th, 2014 President Obama announced his plans for executive action on immigration. We applaud the President’s action, which includes a deferred action program that provides relief from deportation and work authorization for millions of undocumented individuals, including hundreds of thousands of farmworkers and their family members.
Immigration is a critically important issue for farmworkers. Learn about current legislation proposals impacting farmworkers.
Learn about the history of guestworker programs, H-2A program for temporary agricultural work, and the H-2B visa program.