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March 15, 2019

Farmworker Justice Update: 03/15/19

New Bill Protecting DACA, TPS and DED Recipients Introduced in Congress

On March 12, Congresswomen Lucille Roybal-Allard (CA), Nydia Velázquez (NY), and Yvette Clarke (NY) introduced the “Dream and Promise Act of 2019,” H.R. 6. The bill provides a pathway to citizenship for “Dreamers” - DACA (Deferred Action for Childhood Arrivals) recipients and DACA-eligible individuals. Dreamers would be provided conditional permanent resident status and would need to fulfill an education, employment or military track to adjust to permanent resident status. The bill also allows TPS (Temporary Protected Status) and DED (Deferred Enforced Departure) recipients the ability to adjust their status and gain permanent lawful status. The bill is a “clean” bill, meaning it does not include any funding for immigration enforcement or address any other immigration issues other than these specific categories of immigration protections.

Currently, over a million people are in danger of losing existing protections due to the Administration’s attempts to terminate each of these programs. Liberian DED recipients are currently facing the most imminent risk, as their protection is set to expire at the end of this month (March 31). With regards to DACA, the government is currently accepting renewal applications pursuant to ongoing litigation, but is not accepting any new applications for the program. United We Dream has resources available for those who wish to renew their DACA status. For TPS recipients, their status depends on their specific country of origin. TPS protections for Sudan, Nicaragua, Haiti, El Salvador, Honduras and Nepal, all of which had been set to be terminated by the Administration, are being maintained for the time being pursuant to ongoing lawsuits. A few other countries also have a TPS designation, but unlike the ones mentioned above, have not been terminated by the Administration. There are also separate efforts underway to create a new TPS designation for Venezuela.

Senate Rejects Trump’s Border Emergency Declaration

 Yesterday (March 14), the U.S. Senate voted 59-41 to overturn President Trump’s declaration of a national emergency at the southwestern border. The resolution is the same as the measure passed earlier by the House. This is the first time in history that Congress has voted to block a presidential emergency declaration. President Trump has promised to veto the measure.

White House Releases Proposed FY 2020 Budget

Earlier this week, the White House released its proposed FY 2020 budget. The proposal would significantly cut funding to most government agencies while also increasing the country’s defense spending, as well as allocating over $8 billion for a border wall. It would cut funding for major government programs including Medicare, Medicaid, Social Security, SNAP (the Supplemental Nutrition Assistance Program) and TANF (Temporary Assistance for Needy Families). It also includes a 31% cut in funding to the EPA (Environmental Protection Agency), 10% cut in funding to the DOL (Department of Labor) and 12% cut to USDA (Department of Agriculture). Some of the funds cut from the USDA include a reduction in funding for rural housing programs, for which farmworkers may be eligible. The proposed budget is unlikely to become law because Congress’ actual FY 2020 appropriations bills will probably differ significantly from the President’s proposal, as they have the past two fiscal years.

Update on Farmworker Health and Safety

Andrew Wheeler Confirmed as EPA Administrator

Last month, the Senate confirmed Andrew Wheeler, a former coal lobbyist, to be the Administrator of the EPA (Environmental Protection Agency). Wheeler had been serving as Acting Administrator since the previous Administrator, Scott Pruitt, stepped down last year amidst various corruption scandals. Throughout this career, Wheeler has advocated for a deregulatory agenda.

PRIA Signed into Law, Safeguarding Worker Protections  

On March 8, President Trump signed into law the “Pesticide Registration Improvement Extension Act” (PRIA), S. 483, which passed unanimously in both the House and Senate. The legislation provides much-needed funding for the EPA’s pesticide evaluation and registration process. The final bill contains language safeguarding key provisions of the Worker Protection Standard (WPS) and Certification of Pesticide Applicators (CPA) rules, which had previously been targeted by the EPA for potential roll-backs. Pursuant to the law, the EPA is now prohibited from making revisions to the WPS and CPA until at least October 2021 (other than limited revisions to the WPS’ application exclusion zone). As stated by Virginia Ruiz, FJ’s Director of Occupational and Environmental Health, “we are pleased that PRIA has passed and that it underscores the importance of worker safety as a vital part of pesticide registration. We are especially grateful for the efforts of Senators Udall, Stabenow and Roberts to preserve worker protections from attempts by the EPA to eliminate them.”

Proposed Changes to the WPS’ Application Exclusion Zone (AEZ)

Just five days after the enactment of PRIA, the EPA sent proposed revisions to the Application Exclusion Zone (AEZ) requirements in the WPS to the Office of Management and Budget (OMB) for regulatory review. The WPS defines the AEZ as the area surrounding the pesticide application equipment that must be free of all persons other than appropriately trained and equipped handlers during pesticide applications. This provision in the rule is intended to provide a measure of protection to workers and bystanders from off-target drift during a pesticide application. If an applicator sees an unprotected person near the application equipment, the applicator must suspend the application until that person leaves the area. Following the OMB review and a subsequent review by the USDA, the proposed changes will be made public and open for a comment period of at least 90 days. Farmworker Justice plans to draft comments to the proposal, along with environmental and worker advocates.

State-Level Proposals to Ban Chlorpyrifos

Various states are currently undertaking efforts to ban the highly toxic pesticide chlorpyrifos. As noted in previous FJ updates, the EPA was set to ban this pesticide at the federal level, but reversed course in early 2017. FJ is currently involved in litigation regarding this decision. As the litigation continues, there are various efforts underway to ban the use of chlorpyrifos at the state level. The Maryland legislature is currently considering a bill to ban chlorpyrifos, and has already held various hearings on the issue. The state of Connecticut is also considering a bill banning chlorpyrifos, with a hearing set to take place on Monday, March 18. The Oregon state legislature is similarly considering a bill banning chlorpyrifos, with an upcoming hearing on Wednesday, March 27. Please sign here to support the Oregon bill.

Farmworkers, Climate Change and Heat Stress

A recent Civil Eats article details the increasing risks from climate change faced by farmworkers, including dehydration and heat stroke. The federal government has no regulations in place to protect workers against heat stress. As noted in previous FJ updates, Public Citizen, along with various advocacy organizations including FJ, petitioned OSHA (the Occupational Safety and Health Administration) last year to request federal heat stress regulations. We have not yet received a response to the petition.

February 22, 2019

Farmworker Justice Update: 02/21/19

Fairness for Farm Workers Act Would Grant Farmworkers Overtime Pay

On February 7, Senator Harris (CA) and Representative Grijalva (AZ) introduced the “Fairness for Farm Workers Act of 2019,” S. 385/H.R. 1080. The bill would address the discriminatory treatment of farmworkers under the 1938 Fair Labor Standards Act (FLSA) by extending overtime protections to farmworkers and removing many of the remaining minimum wage exclusions still applicable to agricultural work. Under the legislation, people working in agriculture would eventually be entitled to time-and-a-half pay for working more than 40 hours in a week. Farmworker Justice strongly supports this legislation. For more information on the Fairness for Farm Workers Act, please see our fact sheet.

Agriculture and Immigration Policy Debate Heating Up

The Los Angeles Times recently published a letter to the editor by FJ’s president Bruce Goldstein, entitled “Immigrant farm laborers deserve more than just 'guest worker' protections.”  The letter was in response to an op-ed by the president of the American Farm Bureau Federation, Zippy Duvall, arguing for changes to the H-2A guestworker program.

Washington State Bill Could Eventually Fund H-2A Program Oversight with Employer Fees  

State lawmakers in Washington recently introduced SB 5438, a bill that would create a new office to monitor the H-2A program within the state’s Employment Security Department (ESD). The ESD has stated that its funding is insufficient to adequately oversee the H-2A program in the state, which has grown more than 1,000 percent over the past decade. Farmworker advocates, including Farmworker Justice, have contended that more resources are needed to carry out prevailing wage surveys and other obligations. The original bill established fees from farmers for each H-2A application, as well as a per-employee fee. However, last week the state’s Senate Committee on Labor and Commerce approved a revised version of the bill that would delay the implementation of employer fees until 2022. In the meantime, the office would be funded by additional appropriations. The revised bill also calls for a cost analysis in 2021 to determine whether fees are needed. Employer groups claim the delay in fee implementation will give them more time to lobby the federal Congress for funding. The bill is still being considered in the state Senate and is scheduled for a public hearing in the Committee on Ways and Means on February 25.

Trump Signs Federal Appropriations Bill and Declares National Emergency on Southern Border

On February 15, President Trump signed an appropriations bill providing funding for the remainder of FY 2019 (through September 30, 2019) for several government departments. The bill includes $1.375 billion for the construction of “barriers” along the southern border as well as funding for upgrades to ports of entry. It also includes a modest increase of $6 million for subsidies to build farm labor housing, among many other provisions. On the same day, President Trump also issued a presidential proclamation declaring a national emergency at the southern border, in an attempt to secure billions more in funding for wall construction from other sources. Multiple lawsuits challenging the emergency declaration have already been filed.  Congress is reportedly planning to introduce a resolution against the declaration tomorrow (February 22).

William Barr Confirmed as Attorney General

On February 14, William Barr was confirmed by the U.S. Senate to be the next U.S. Attorney General, by a vote of 54-45. He was formally sworn in later that day. Barr previously served as Attorney General under President George H.W. Bush. Barr has long been a proponent of broad Presidential authority and authored a memo before his confirmation questioning the ongoing Mueller investigation.

“Sensitive Locations” Legislation Introduced in House

On February 6, Representative Espaillat (NY) introduced the “Protecting Sensitive Locations Act of 2019,” H.R. 1011. The bill would codify and expand existing agency guidance limiting immigration enforcement actions at “sensitive locations” such as hospitals, schools and places of worship. The bill prohibits enforcement actions - including arrests, interviews, searches and surveillance - at these locations, except in extenuating circumstances such as a national security threat. The bill specifies that any medical treatment or health care facility, including community health centers, is considered a sensitive location. Early childhood education programs are also explicitly listed as sensitive locations. Additionally, the bill expands the types of sensitive locations to include courthouses, congressional offices and public assistance offices, among others.  Farmworker Justice supports this bill.

Update on Farmworker Health and Safety

Pesticide Safety:  PRIA Unanimously Passed in Senate

On February 14, the Senate unanimously passed the reauthorization of the Pesticide Registration Improvement Act (PRIA), legislation that provides much-needed funding for the Environmental Protection Agency (EPA)’s pesticide evaluation and registration process. The bill is supported by a broad coalition of stakeholders including industry representatives and environmental organizations. Farmworker Justice is a part of the PRIA coalition, and supports the bill’s funding for regulatory activities related to worker protection, including the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators (CPA) rule. The PRIA bill passed by the Senate last week is identical to the one previously passed in June 2018, which contains language safeguarding key provisions of the WPS and CPA rule. Both regulations had been targeted by the EPA for potential roll-backs, but the EPA recently withdrew these efforts. The House is scheduled to vote on PRIA early next week.  

Federal Chlorpyrifos Case to be Re-Heard by Larger Panel of Judges

Earlier this month, the 9th Circuit Court of Appeals granted the Environmental Protection Agency (EPA)’s request for another hearing in a case regarding chlorpyrifos, a highly toxic pesticide. The lawsuit, in which Farmworker Justice is a plaintiff (and which has been mentioned in previous FJ updates), asks that EPA ban the pesticide, in accordance with its own scientific findings. The agency had been set to ban the pesticide before reversing its decision in 2017. The case will now be re-heard and decided by a panel of 11 judges. The original panel of 3 judges that previously heard the case ruled that the EPA should ban the pesticide, which led to the EPA’s request for another hearing. In the meantime, use of the pesticide can continue, posing a significant health risk for farmworker communities.

Maryland Considering Legislation to Ban Chlorpyrifos

As litigation and advocacy regarding chlorpyrifos continues at the federal level, a bill banning the chemical has been introduced in the Maryland legislature. Chlorpyrifos is already banned for use in residential settings. Farmworkers also deserve to be protected from this highly toxic chemical. As stated in a recent editorial in the Baltimore Sun, doing nothing to ban chlorpyrifos will mean continued harm to children and others. An op-ed in the Delmarva Daily Times, co-written by Migrant Clinicians Network and Farmworker Justice, highlights the unique harm the pesticide poses to farmworkers and rural residents. Maryland lawmakers should side with human health and safety by supporting HB 275 / SB 270.

Article Highlights Mental Health Challenges for Farmworkers

A recent Huffington Post article discusses the mental health challenges faced by farmworkers, which are often exacerbated by their living and working conditions, as well as immigration status and lack of access to health care. As stated by FJ’s director of occupational and environmental health, Virginia Ruiz, mental health issues cannot be divorced from policy, particularly immigration and health care policy.

Farmworker Justice Resources on Access to Health for Farmworkers

Farmworker Justice recently released “The Unidos Initiative: Mobilizing to Eliminate Barriers to Health and Healthcare in Farmworker Communities.” This report summarizes the processes, findings and impact of the skin cancer prevention component of the Unidos initiative; a community mobilization program directed by FJ in AZ and CA. The report also identifies program gaps and discusses recommendations for building on the successes of this unique project. Additionally, FJ’s report with Harvard’s Center for Health Law and Policy Innovation, “The Promise of Telehealth,” discusses the current state of telehealth in the United States, opportunities that telehealth provides for improving access to health care for rural residents, and the unique position that community health workers occupy as potential facilitators of telehealth technologies in rural farmworker communities. Together, these reports provide a unique perspective on the effectiveness of community mobilization-based strategies, community health workers, and telehealth as means of providing accessible specialty care to farmworkers.

February 07, 2019

Farmworker Justice Update: 02/06/19

Legislation Regarding Farmworkers Introduced in 116th Congress

Agricultural Worker Program Act Would Provide Path to Citizenship for Farmworkers

On January 17, Senator Feinstein and Congresswoman Lofgren (both of CA) introduced the “Agricultural Worker Program Act of 2019,” (S. 175/H.R. 641). The bill is critically important for our nation’s food and agriculture system. Under the Trump administration, farmworker communities across the country are living and working in fear of immigration enforcement and deportation. If enacted, this legislation would alleviate that fear by providing farmworkers and their families an opportunity to earn legal immigration status. The legislation would provide a path to temporary legal status followed by lawful permanent residency for eligible farmworkers who meet agricultural work requirements. Immediate family members would also be eligible to obtain a “blue card” and lawful permanent residency. The bill is a bridge until comprehensive reform can be enacted and will provide desperately needed legal status for farmworkers while stabilizing the agricultural economy. You can find fact sheets summarizing the bill, in both English and Spanish, as well as a diagram detailing the application process, on our website. Please complete this form to sign your organization on to a letter asking Members of Congress to support this legislation. The bill currently has 61 co-sponsors in the House and 11 co-sponsors in the Senate.

BARN Act Would Weaken H-2A Program Protections

Also last month, Rep. Allen (GA) re-introduced the “Better Agricultural Resources Now (BARN) Act,” H.R. 60. The bill would eliminate important H-2A program requirements that serve to protect both U.S. workers and foreign guestworkers. Among its various provisions, it would eliminate guaranteed housing, decrease farmworker wages, limit worker access to legal help, expand the H-2A program to year-round jobs, and change oversight of the program from the Department of Labor (DOL), which is currently tasked with protecting workers’ rights, to the Department of Agriculture (USDA). You can find more information about the bill in our fact sheet. The bill currently has no co-sponsors.

Preliminary Injunction Hearing Held in Case Regarding H-2A Wage Rates

On January 28, U.S. District Judge for the District of Columbia Timothy Kelly held a hearing in the case of Peri & Sons Farms, Inc. v. Acosta. As noted in a previous update, this lawsuit, brought by the National Council of Agricultural Employers (NCAE), seeks to reverse the DOL’s implementation of the 2019 Adverse Effect Wage Rates (AEWRs) for the H-2A program and freeze wages at the 2018 levels, which are lower for most states. The United Farm Workers, represented by Farmworker Justice and the law firm Covington and Burling LLP, had filed a motion prior to the hearing seeking to intervene in the case, as its members would be affected by any decreases to the AEWR. Several individual farmworkers, represented by Texas Rio Grande Legal Aid, Inc. (TRLA) and Public Citizen, had also filed a motion to intervene.

During the hearing, Judge Kelly granted both motions to intervene from the farmworker representatives. The Judge then heard oral arguments. The government and the intervenors reiterated the legal analyses in their written briefs requesting denial of the motion for preliminary injunction and dismissal of the case. Additionally, the Judge asked the parties if they would agree to a simultaneous ruling on both the preliminary injunction and the merits of the case. After the hearing, the parties agreed to such a joint ruling. The parties are now awaiting the Judge’s decision, which should be issued soon.

New Jersey Passes Minimum Wage Law That Discriminates against Farmworkers

On February 4, New Jersey Governor Phil Murphy signed a bill to gradually raise the minimum wage in the state to $15. Under the bill, most workers will be entitled to receive $15 per hour by 2024.  However, the bill allows employers to pay farmworkers lower wages than other workers. Farmworkers would gradually reach just $12.50 an hour by 2024. Farmworkers would have a possibility of reaching $15.00 an hour by 2027, but only if recommended by certain government officials. Farmworker Justice was critical of this fundamentally unfair bill and signed on to a letter, led by the Comite de Apoyo a los Trabajadores Agricolas (CATA), asking the New Jersey Senate not to take this step back for farmworkers’ rights. The New Jersey bill highlights the need for federal legislation to address the discriminatory exclusion of farmworkers from basic minimum wage and overtime protections guaranteed to other workers.

Worker Strike in California Results in Rollback of Pay Cuts

Last month, a worker walkout and protest resulted in the rollback of planned pay cuts for orange pickers in California. The United Farm Workers supported the walkout. The “Wonderful Halos” mandarin orange company had announced that the rate for filling a bin of oranges would be decreased by five dollars, to the detriment of many workers. The company restored the previous pay rate as a result of the protest. However, various other issues raised by workers remain unresolved, including uncompensated time. Many of the farmworkers were hired through third-party labor contractors. Under California law, growers and contractors are equally responsible for labor issues.

Shutdown Ended, But Another Shutdown Possible After February 15 Deadline

On January 25, President Trump announced an end to the longest government shutdown in U.S. history, which lasted 35 days, without getting any funding for the construction of a border “wall.” In late December, Trump had refused to sign spending bills that had been passed by Congress because they did not provide $5.7 billion in funds for this purpose. As a result, there was serious financial harm endured by many government workers who worked unpaid or were idled, as well as harm to the general population from curtailed government services.

The continuing resolution which re-opened the government runs out on February 15. Trump has threatened to trigger another government shutdown if a bipartisan conference which has been convened to discuss border security is unable to reach an agreement by that date. Trump has also suggested the possibility of declaring a national emergency in order to secure the funds for “wall” construction. It remains unclear whether there will be an agreement reached by the bipartisan conference by the deadline, whether there will be another government shutdown, and/or whether Trump will declare a national emergency to secure wall funding.

Update on Farmworker Health and Safety

WPS and CPA Rule Revisions Withdrawn by EPA

On January 28, the Environmental Protection Agency (EPA) officially withdrew its proposed revision of certain protections in the Worker Protection Standard (WPS) and Certification of Pesticide Applicators (CPA) rule from review by the Office of Management and Budget (OMB). As noted in previous updates, these two rules, which provide key safeguards for farmworkers from toxic pesticide exposures, were in danger of being weakened through rulemaking by the EPA. Last month, Acting EPA Administrator Wheeler committed in a letter to Senators that the agency would stop its efforts to roll back certain elements of the rules. The letter also stated that the EPA is still considering a potential revision to the Application Exclusion Zone (AEZ) provision of the WPS, which provides protection to workers and bystanders from off-target drift. FJ will continue to work to preserve this protection, including through the submission of comments once the proposed changes are published.

In the meantime, FJ, along with various partner organizations, is working to ensure passage of a bill to reauthorize the Pesticide Registration Improvement Act (PRIA), which includes key language protecting both the WPS and CPA rule. As stated by Senator Udall, “[t]here is no reason why we cannot act to provide a legally-binding solution that protects these rules and protects farmworkers. Congress should move quickly to resolve this issue and pass [the] worker-friendly PRIA agreement.”  

More States Intervene in Texas v. U.S. ACA Case

Last week, four more states - Iowa, Michigan, Colorado, and Nevada - motioned to intervene in Texas v. U.S. As a result, twenty states, led by California, now support the defense of the ACA in the lawsuit. An appeal in the fifth circuit is pending but a decision is expected later this year. In the meantime, the ACA remains in effect as the appeals process moves forward. More information about Texas v. U.S. can be found here and in previous FJ blogposts.

CMS Proposes 2020 Benefit and Payment Parameter Rule for ACA Exchanges

On January 17, the Centers for Medicare and Medicaid Services (CMS) published its proposed 2020 Benefit and Payment Parameter Rule. This rule, issued annually, establishes standards for the ACA exchanges. It impacts consumer access to health insurance plans and in-person assistance, as well as tax credits and cost-sharing. The 2020 proposed rule further reduces the role of navigators in ACA enrollment. It eliminates the requirement that navigators provide post-enrollment assistance, including appeals and exemptions applications, and referrals for tax assistance. The navigator training will also be reduced, eliminating required training on topics such as: outreach and education methods and strategies, providing linguistically and culturally appropriate services, and working effectively with limited English proficient, rural, and underserved populations. A complete analysis of the proposed rule can be found on the Health Affairs blog. A CMS fact sheet on the proposed rule can be found here. The comment period on the proposed rule ends February 19.
 

Latest News

February 07, 2019

Farmworker Justice Strongly Supports the “Fairness for Farm Workers Act of 2019” on Overtime Pay and the Minimum Wage

Farmworker Justice applauds Senator Harris and Representative Grijalva for their leadership in the introduction of the “Fairness for Farm Workers Act of 2019.” The bill would end the discriminatory denial of overtime pay and most remaining minimum wage exemptions for farmworkers.

As stated by Farmworker Justice President Bruce Goldstein, “We are pleased to support Sen. Harris’s and Rep. Grijalva’s Fairness for Farm Workers Act, which would right a historical wrong by ensuring farmworkers have equal rights to minimum wage and overtime protections. It is long past time for farmworkers to receive basic and fair compensation for the difficult and dangerous work that they do, for long hours, day in and day out, to feed our country. National legislation is necessary. Right now, amidst state-level efforts to increase the minimum wage to $15 per hour, some legislatures have discriminatorily denied farmworkers the improvements that would apply to other workers. Congress should pass legislation to finally grant farmworkers equal labor protections in recognition of their essential and valuable role in our economic and food security.”

Eighty years after the passage of the Fair Labor Standards Act (FLSA), farmworkers should not still suffer exclusion from many of the basic workplace protections that other Americans take for granted. Yet, the FLSA still denies farmworkers time-and-a-half pay after 40 hours per week.  Even though most farmworkers were added to the minimum wage in 1966, it is inapplicable to certain agricultural employers. The Fairness for Farm Workers Act would remedy the discriminatory denial of overtime pay and the minimum wage to farmworkers under the FLSA and would put farmworkers on the same footing as most other workers.

Farmworker Justice is a national advocacy organization based in Washington, D.C. that empowers farmworkers to improve their living and working conditions.

February 7, 2019 www.farmworkerjustice.org

Contact: Adrienne DerVartanian, [email protected]

February 01, 2019

Below is a press release issued yesterday on the New Jersey legislature's decision to exclude farmworkers from the gradual increase to a $15 minimum wage.  You can take action: send a message to the Governor via email at https://nj.gov/governor/contact/all/  and phone at 1-609-292-6000, and tweet @govmurphy.  Join the tweet storm today 1pmET @farmwrkrjustice  @CATAMigrantes @ufwupdates


Contact:  Bruce Goldstein, President                                                             January 31, 2019

Farmworker Justice 202-293-5420 ext. 304

[email protected]

Farmworker Justice Asks New Jersey Governor Murphy to Reject the Minimum Wage Legislation’s Discrimination Against Farmworkers

Farmworker Justice criticized today’s votes in the New Jersey Assembly and Senate on excluding farmworkers from the legislation that would guarantee a gradual rise in the minimum wage to $15 per hour.  Under the bill, farmworkers are not treated like most other workers who would receive the $15 minimum wage by 2024. Nor are they treated like the small-business’s employees or seasonal workers whose minimum wage will rise to $15 by 2026.  Farm operators, no matter how large, would only need to pay their farmworkers $12.50 an hour by 2024. After that government officials would decide how farmworkers are treated.

“The Governor should send the legislation back and tell the politicians to treat farmworkers equally with other workers.  They work in a dangerous job to put food on our tables. Inflicting sub-poverty wages on farmworker families for the next five years is unconscionable,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy organization.   

New Jersey’s minimum wage law hasn’t been discriminating recently and shouldn’t start now. 

The proposed compromise is out of step with the labor market, even for this low-paid occupation.  According to the U.S. Department of Agriculture’s Farm Labor Survey of field and livestock workers, in the region that includes New Jersey (along with Delaware, Maryland and Pennsylvania), the average wage for farmworkers during 2018 was $13.15 per hour.  Yet, five years from now, the pending proposal would set the minimum wage for farmworkers at a mere $12.50 an hour.   

A low minimum wage also harms many law-abiding, reasonable agricultural businesses that are trying to do the right thing by treating farmworkers with respect and compensating them fairly but compete against low-road businesses.

Goldstein added, “New Jersey’s elected leaders should demonstrate respect for the valuable role played by farmworkers who feed us and should not deprive farmworkers of the same rights as other workers. Farmworkers should have the same access to a guaranteed $15 minimum wage as other workers.”

January 17, 2019

For Immediate Release                Contact: Bruce Goldstein, Farmworker Justice

January 17, 2019                              202-293-5420 ext. 304

Statement of Farmworker Justice on the Introduction of The  Agricultural Worker program Act of 2019

Bill would stabilize farm labor force, provide protections for immigrant farmworkers

(washington, dc)   Farmworker Justice welcomes the introduction of the Agricultural Worker Program Act of 2019 and strongly supports its enactment. We thank Senator Feinstein, Representative Lofgren and other Members of Congress for their leadership in support of reasonable, workable and fair immigration reform and their attention to farmworkers.

This bill builds momentum toward comprehensive immigration reform while addressing the unique and urgent needs of agricultural and rural communities. Americans depend on farmworkers for abundant, safe, healthy, and affordable food. Yet, the status quo for farmworkers and agricultural employers is untenable.  

“With a large portion of agricultural workers in the U.S. lacking immigration status, and farmworker families living under the threat of arrest and deportation, Congress must reform our broken immigration system. The opportunity for legal immigration status is crucial to enabling farmworkers to live and work productively without fear and to seek improvements to their working and living conditions.  The Agricultural Worker Program Act would help ensure a stable, legal workforce in agriculture, which is good for farmworkers, employers, consumers and the national interest,” said Bruce Goldstein, President of Farmworker Justice.

The bill would establish an earned legalization program under which certain farmworkers who meet agricultural work requirements, national security clearance requirements, and other obligations are given temporary permission to work in agriculture for three to five years and the opportunity to earn immigration status with a path to citizenship.  Their immediate family members in the United States also would have an opportunity to convert their status.

The bill would not make any changes to the H-2A agricultural guestworker program.  The H-2A program, which allows an unlimited number of work visas each year, has modest but important protections against abuse of U.S. and foreign workers that should be strengthened and more effectively enforced. The Agricultural Worker Program Act would minimize the need for employers’ use of the H-2A guestworker program by providing a meaningful opportunity for immigration status for the hard-working undocumented farmworkers who put food on our table.    

Farmworker Justice is a national advocacy organization for farmworkers with over thirty-five years of experience serving the farmworker community regarding immigration and labor policy.

###

For more information, contact

Bruce Goldstein, at 202-293-5420 ext. 304 or [email protected],

or Adrienne DerVartanian at [email protected].