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Farmworker Justice Immigration Update

Working on immigration reform has been like riding a roller-coaster. Just a week after optimism about passing legislation rose with the House Republicans’ release of principles on immigration reform, Speaker Boehner cast strong doubts on the potential for House action on immigration reform this year. Despite the Obama Administration’s record number of deportations each year, Boehner stated that most Republican House Members do not trust the Obama Administration to enforce the law. In response to the “widespread doubt” among Republicans that President Obama would enforce any new laws, Senator Chuck Schumer, a co-sponsor of Senate-passed immigration bill, proposed that Congress pass an immigration bill that would take effect in 2017 — after the Obama administration. Boehner claims that proposal was “entirely impractical.”

On the same day as the Speaker’s weak excuses for inaction, CNN released a poll in which more than 4 out of 5 individuals, with little partisan difference, supported a plan such as the Senate’s pathway to citizenship for the roughly 11 million undocumented. There are loud voices campaigning against “amnesty,” but they do not represent the majority viewpoint.

Immigration reform supporters believe there is adequate support for immigration legislation, such as the bipartisan HR 15, to pass the House, as long as Speaker Boehner is willing to allow a vote even if there is not support of a majority of Republicans (or the so-called Hastert rule). He did that just last week, relying on Democrats to avoid another government shutdown by passing legislation to raise the debt ceiling. With the right kind of pressure, Boehner could call a vote for bipartisan immigration reform.

In addition to the common-sense, humane and economic reasons for immigration reform, some advocacy groups and political pundits are reminding Republicans that they need to address immigration reform if they hope to have any success with Latino and Asian American voters in 2016 and beyond. However, some Republicans argue that, at least in the short term, the party’s election prospects are better if they do not pass immigration reform.

Farmworker Justice and many other organizations will continue to push for immigration reform that includes a road map to citizenship for undocumented workers and their families. In response to Boehner’s statement, some pro-immigrant groups announced plans to become more aggressive with House Republicans after having given them space to work on a way forward. Some conservative-leaning groups, such as the Chamber of Commerce, are pushing for immigration reform. Agribusiness groups and the Partnership for a New American Economy launched a campaign this month to press the case.

The American Farm Bureau Federation (AFBF) released a report this month calling for immigration reform. The report, Gauging the Farm Sector’s Sensitivity to Immigration Reform via Changes in Labor Costs and Availability examines the effects of three immigration reform scenarios: (1) an enforcement-only approach; (2) enforcement plus a pathway to legalization for undocumented immigrants; and (3) enforcement, legalization and the current H-2A agricultural guestworker program or (3A) the W-3 & W-4 guestworker program in S.744, the Senate compromise. The report said that the least disruptive approach resembles the agricultural stakeholder agreement contained in S. 744 and H.R. 15. 

While Farmworker Justice does not agree with the report’s underlying goal of seeking immigration reform solutions that minimize labor costs, we do agree with the report’s premise that immigration reform is important for the future of agriculture. The majority of farmworkers are undocumented and should be granted an opportunity to earn legal immigration status and citizenship. This nation has a long experience with the abuses suffered by workers under guestworker programs. However, the reality in Congress is that compromise is necessary. Farmworker Justice therefore supports S.744 and H.R.15, which include the agricultural stakeholder agreement negotiated by the United Farm Workers, agribusiness and members of Congress. The agreement would create a road map to citizenship for undocumented farmworkers and their families but also establish a new agricultural guestworker program. 

We do appreciate the AFBF’s honesty about wages paid to farmworkers: growers seek to “control costs given the abundant supply of undocumented workers available and their willingness to accept transitory, seasonal, or physically arduous work that pays introductory wages that are unattractive to the U.S.-born.” Undocumented farmworkers’ vulnerability is being exploited.

Advocates have also been pushing for administrative relief for undocumented immigrants arguing that it makes no sense for the Obama Administration to be deporting the same people who would qualify for legalization under the Senate bill. Congressional inaction may persuade the reluctant Administration to take executive action.

There is also talk of House Democrats taking matters into their own hands by filing a discharge petition that would bypass House leadership and force H.R. 15 to the floor for a vote. A discharge petition would require a majority of House Members’ signatures, which, assuming that almost all Democrats would sign it, would require close to 20 Republican signatures. While there are more than enough Republicans who support passing immigration reform, getting them to sign the petition could be a challenge. 

Update on the Child Tax Credit

Last week, we circulated the National Immigration Law Center’s action alert about Senator Ayotte’s proposed amendment to a bill to restore veterans’ benefits. The bill would have funded the benefits by denying many poor immigrant families, including those of “Little Dreamers,” the Child Tax Credit. Fortunately, the proposal was not brought up for a vote, presumably due to pressure from advocates through calls, letters, action alerts, tweets, blogs, and op-eds. However, the proposal could still be brought up for a vote in the Senate in the future.

Working on immigration reform has been like riding a roller-coaster. Just a week after optimism about passing legislation rose with the House Republicans’ release of principles on immigration reform, Speaker Boehner cast strong doubts on the potential for House action on immigration reform this year. Despite the Obama Administration’s record number of deportations each year, Boehner stated that most Republican House Members do not trust the Obama Administration to enforce the law. In response to the “widespread doubt” among Republicans that President Obama would enforce any new laws, Senator Chuck Schumer, a co-sponsor of Senate-passed immigration bill, proposed that Congress pass an immigration bill that would take effect in 2017 — after the Obama administration. Boehner claims that proposal was “entirely impractical.”

On the same day as the Speaker’s weak excuses for inaction, CNN released a poll in which more than 4 out of 5 individuals, with little partisan difference, supported a plan such as the Senate’s pathway to citizenship for the roughly 11 million undocumented. There are loud voices campaigning against “amnesty,” but they do not represent the majority viewpoint.

Immigration reform supporters believe there is adequate support for immigration legislation, such as the bipartisan HR 15, to pass the House, as long as Speaker Boehner is willing to allow a vote even if there is not support of a majority of Republicans (or the so-called Hastert rule). He did that just last week, relying on Democrats to avoid another government shutdown by passing legislation to raise the debt ceiling. With the right kind of pressure, Boehner could call a vote for bipartisan immigration reform.

In addition to the common-sense, humane and economic reasons for immigration reform, some advocacy groups and political pundits are reminding Republicans that they need to address immigration reform if they hope to have any success with Latino and Asian American voters in 2016 and beyond. However, some Republicans argue that, at least in the short term, the party’s election prospects are better if they do not pass immigration reform.

Farmworker Justice and many other organizations will continue to push for immigration reform that includes a road map to citizenship for undocumented workers and their families. In response to Boehner’s statement, some pro-immigrant groups announced plans to become more aggressive with House Republicans after having given them space to work on a way forward. Some conservative-leaning groups, such as the Chamber of Commerce, are pushing for immigration reform. Agribusiness groups and the Partnership for a New American Economy launched a campaign this month to press the case.

The American Farm Bureau Federation (AFBF) released a report this month calling for immigration reform. The report, Gauging the Farm Sector’s Sensitivity to Immigration Reform via Changes in Labor Costs and Availability examines the effects of three immigration reform scenarios: (1) an enforcement-only approach; (2) enforcement plus a pathway to legalization for undocumented immigrants; and (3) enforcement, legalization and the current H-2A agricultural guestworker program or (3A) the W-3 & W-4 guestworker program in S.744, the Senate compromise. The report said that the least disruptive approach resembles the agricultural stakeholder agreement contained in S. 744 and H.R. 15. 

While Farmworker Justice does not agree with the report’s underlying goal of seeking immigration reform solutions that minimize labor costs, we do agree with the report’s premise that immigration reform is important for the future of agriculture. The majority of farmworkers are undocumented and should be granted an opportunity to earn legal immigration status and citizenship. This nation has a long experience with the abuses suffered by workers under guestworker programs. However, the reality in Congress is that compromise is necessary. Farmworker Justice therefore supports S.744 and H.R.15, which include the agricultural stakeholder agreement negotiated by the United Farm Workers, agribusiness and members of Congress. The agreement would create a road map to citizenship for undocumented farmworkers and their families but also establish a new agricultural guestworker program. 

We do appreciate the AFBF’s honesty about wages paid to farmworkers: growers seek to “control costs given the abundant supply of undocumented workers available and their willingness to accept transitory, seasonal, or physically arduous work that pays introductory wages that are unattractive to the U.S.-born.” Undocumented farmworkers’ vulnerability is being exploited.

Advocates have also been pushing for administrative relief for undocumented immigrants arguing that it makes no sense for the Obama Administration to be deporting the same people who would qualify for legalization under the Senate bill. Congressional inaction may persuade the reluctant Administration to take executive action.

There is also talk of House Democrats taking matters into their own hands by filing a discharge petition that would bypass House leadership and force H.R. 15 to the floor for a vote. A discharge petition would require a majority of House Members’ signatures, which, assuming that almost all Democrats would sign it, would require close to 20 Republican signatures. While there are more than enough Republicans who support passing immigration reform, getting them to sign the petition could be a challenge. 

Update on the Child Tax Credit

Last week, we circulated the National Immigration Law Center’s action alert about Senator Ayotte’s proposed amendment to a bill to restore veterans’ benefits. The bill would have funded the benefits by denying many poor immigrant families, including those of “Little Dreamers,” the Child Tax Credit. Fortunately, the proposal was not brought up for a vote, presumably due to pressure from advocates through calls, letters, action alerts, tweets, blogs, and op-eds. However, the proposal could still be brought up for a vote in the Senate in the future.