The Fruit Growers News - September 2002

Our National Immigration Policy is certainly not the “shining star” of federal government efficiency. It has many problems including complicated and expensive procedures that make it difficult for people who want to migrate to the United States. It is also difficult for employers to use existing laws to secure a viable workforce and thus reduce their business risks. Many business owners will tell you that domestic workers will not fill certain jobs. The reason domestic workers are reluctant to seek employment in these areas is not a “wage thing” but more of a “work thing”. U.S. farm worker wage rates reported by the U.S. Department of Labor (DOL) during October of 2001 show an average of $8.01 per hour for field workers, which is well above minimum wage. The connection between farm labor shortages and national immigration policy has once again emerged as a major policy issue for this Congress. It is a political “hot potato” for our current administration and for the Mexican administration as well. DOL estimates show that slightly more than one-half of today’s farm workers are here illegally and are not eligible to hold U.S. jobs. Growers are concerned (and rightly so) that if certain federal activities are effective, they could lose a considerable portion of their labor force. Farm Bureau asked the Bush Administration to consider the potential loss of a legal workforce as a significant threat to homeland security. I receive calls for advice from farmers who are being told by their workers that they know ways to “get legal” that are outside of the normal procedures. There are no magic programs that will allow currently undocumented aliens to become instantly eligible to work in the United States. The only way to gain legalization or work authorization is through rigid federal government procedures and programs. Federal agencies are revitalizing their efforts to secure our borders, track immigrants, stop illegal immigration and shore up homeland security. President Vincente Fox of Mexico and President Bush are meeting again this month to discuss improvements to immigration reform. The current mechanism for bringing in agricultural guest workers, the H-2A non-immigrant visa, has experienced a modest surge in recent years; the 28,560 H-2A non-immigrants admitted in 1999 comprise only a tiny fraction of the 1.2 million farm workers in the United States. The H-2A program is problematic for Florida producers for many reasons. In fact, Florida only used about 700 H-2A workers last season. Florida has a very active rural legal services program that has promised to bring legal actions against farmers who apply for H-2A workers. Florida farmers find the H-2A program in its current form inflexible, filled with burdensome regulations, very expensive, and full of potential litigation expenses for employers. Growers need reasonable assurances that workers will be available when our crops are ready to harvest. Farm Bureau continues to express concern that the large number of illegal aliens in agriculture, in combination with stepped up INS enforcement, and recent immigration reforms, is resulting in an unstable workforce and a potential for labor shortages. Congressional efforts are on track for a serious effort to reform immigration policy. The details of any immigration legislation will be very controversial. One of the most controversial provisions on the table is adjustment of status legislation for unauthorized aliens who are presently residing in this country. Farm Bureau members’ role in this process is to urge Congress to act in order to insure your ability to harvest crops in a timely fashion.