Farmworker Justice Immigration Update - 11/09/2017

Farmworker Justice Update: 11/09/17

H-2C Guestworker Proposal Approved by House Judiciary Committee  

            As noted in our previous updates, on October 25 the House Judiciary Committee passed the “Agricultural Guestworker Act” sponsored by Chairman Goodlatte. In order to become law, the bill must also be voted on and approved by the full House and Senate. As we stated in our blog about the markup, it is unclear if and when the bill will move forward in the House, but Farmworker Justice will continue to monitor the legislation. Mother Jones published an article soon after the bill’s passage in the Judiciary Committee outlining some of the ways in which the new guestworker program would prove harmful to all workers, including concerns voiced by Farmworker Justice.

House Passes Anti-Joint Employer Bill Which May Make it Harder to Hold Agricultural Employers Accountable

           On November 7, the anti-joint employer “Save Local Business Act,” HR 3441, passed the House by a vote of 242-181. The bill would revise the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) to essentially prevent joint employer liability. Although the bill does not amend the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), which is the main statute protecting farmworkers, much of the case law on joint employer liability under AWPA in the farmworker setting relies on the FLSA’s broad definition of the word “employ.” If this definition is narrowed, courts and government agencies could apply the restrictive concept of joint employment in HR 3441 to AWPA as well. This could undermine farmworkers’ ability to ensure that growers and labor contractors are jointly liable for labor violations. Joint employer liability has proven essential for farmworkers to obtain relief because labor contractors often do not have sufficient assets to pay court judgments. During the debate on the bill, Rep. Espaillat of New York emphasized the bill’s potentially harmful impact on farmworkers and entered into the record Farmworker Justice’s statement on the bill. The next step for the bill is for it to move to the Senate.  Farmworker Justice will continue to monitor the bill, along with many other labor rights organizations, such as the National Employment Law Project (NELP), which recently published a New York Times op-ed against the bill.

DHS Terminates TPS Designation for Nicaragua, Undecided on Honduras  

            On November 6, acting Department of Homeland Security (DHS) Secretary Elaine Duke announced the Administration’s decision to terminate Temporary Protected Status (TPS) for Nicaragua, with an effective termination date of January 5, 2019. In the announcement, the acting Secretary also noted that additional information is needed for a decision on TPS for Honduras and temporarily extended TPS for Hondurans until July 5, 2018. Nicaraguans and Hondurans with TPS will be required to reapply for employment authorization documents in order to continue to work in the U.S. until these respective deadlines. According to the Washington Post, there are currently about 2,500 Nicaraguans and more than 50,000 Hondurans with TPS. The country with the biggest number of TPS recipients is El Salvador, with approximately 200,000 people who might lose their status in early 2018. DHS also has just a few weeks to announce its plans for more than 50,000 Haitian TPS holders (DHS had announced a six-month extension for Haitian TPS earlier this year).

                Faith, labor and immigration rights groups have denounced the Administration’s recent decision and are calling for action in defense of the TPS program, including contacting representatives in Congress. For a detailed breakdown of TPS holders in each state, please see this Fact Sheet by the Center for American Progress (CAP). The final decision on TPS designation for Honduras, as well as for other remaining countries such as El Salvador and Haiti, is likely to be made by Kirstjen Nielsen, who has been nominated to the post of DHS Secretary. Nielsen testified before the Senate Homeland Security Committee on November 8.  If approved by the Committee, her confirmation must then be voted on by the full Senate.

Uncertainty over DACA Continues as End of the Year Nears  

            Last week, President Trump held a closed-door meeting with various GOP senators regarding immigration. It was reported that during the meeting, those present decided against including a solution for Deferred Action for Childhood Arrivals (DACA) recipients in an end of the year spending deal. In spite of these reports, Senate Minority Leader Charles Schumer stated earlier this week that he is “very optimistic” that DACA legislation will pass before the end of the year with bi-partisan support. He also predicted that President Trump would not veto a spending bill with a DACA solution. Today in Congress, 16 House Republicans will hold a press conference in support of Dreamers. Congressional Democrats are also holding a press conference and have held a number of events in support of Dreamers. DACA advocates are continuing their efforts to showcase the contributions of Dreamers in their communities and urge Congress to act quickly towards a solution. As part of those efforts, United We Dream is supporting a “Walkout for the Dream Act” today. There will also be a national call-in day in support of DACA on November 14.

Amid National Conversation about Sexual Harassment, Farmworker Voice Essential

            National Public Radio (NPR) recently interviewed Rosalinda Guillen, a farmworker rights activist and director of Community to Community. As Rosalinda explained in the interview, farmworker women face harassment, sexual assault and rape, which often goes unreported.  Workers are afraid that if they speak up they will be retaliated against, or that their families, who often work for the same employer, will be retaliated against as well. The lack of privacy in farmworker housing often exacerbates farmworker women’s vulnerability to harassment.

Update on Farmworker Health and Safety

CHIP and Health Center Funding Extended, but With Harmful Offsets

On Nov. 3, the House of Representatives passed HR 3922, the “Championing Healthy Kids Act,” which extends funding for the Children’s Health Insurance Program (CHIP) for five years and for community health centers for two years. Both CHIP and community health center funding expired on September 30. The bill, while ensuring funding for these two important programs, also cuts $6.35 billion from the ACA’s Prevention and Public Health Fund and includes other harmful offsets that would reduce health insurance coverage.  The Senate Finance Committee passed a bipartisan bill, S. 1827, the “Keeping Kids’ Insurance Dependable and Secure” (KIDS) Act, on October 4. While it also extends CHIP funding for five years, the Senate bill does not include community health center funding or any offset provisions to pay for the program. It seems unlikely the Senate will vote on the KIDS Act as a standalone bill. The Kaiser Foundation has prepared a helpful summary and comparison of both bills. Some states will begin to run out of CHIP funds as early as January 2018. Without an extension of CHIP and community health center funding, farmworker families will have even less access to health insurance and health care.

Open Enrollment Has Begun!

Open enrollment for 2018 health insurance coverage has officially begun! Enrollment opened November 1 and, in most states, ends December 15 (a few states, like California and New York, extended open enrollment through January 2018). According to the Hill, a record number of people signed up for coverage in the first few days. However, the shortened open enrollment period and the cuts in navigator funding present numerous challenges, especially in farmworker communities. It’s important to remind eligible workers and their families that open enrollment has begun and that financial assistance to lower the cost of health insurance is available. Farmworker Justice has resources for workers and advocates available on our website. You can also learn more about open enrollment and available in-person assistance in your community at healthcare.gov or cuidadodesalud.gov.