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Evolution of the farm labor force and immigration reform proposals

Evolution of the farm labor force and immigration reform proposals. David Runsten Community Alliance with Family Farmers. H-2A Requirements. Submit request 60-75 days ahead of need Document a search, including advertising, for qualified US workers and accept any that apply

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Evolution of the farm labor force and immigration reform proposals

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  1. Evolution of the farm labor force and immigration reform proposals David Runsten Community Alliance with Family Farmers

  2. H-2A Requirements • Submit request 60-75 days ahead of need • Document a search, including advertising, for qualified US workers and accept any that apply • Create a contract ahead of recruitment that specifies wages, hours, weeks of employment, place, crop, task • For jobs that last no longer than 10 months • Pay for transportation from and to country • Provide housing and have it inspected • Provide transportation to fields • Provide 3 meals a day for $12 or a kitchen • Guarantee at least 35 hours a week

  3. H-2A Requirements • Guarantee at least ¾ of contract • Provide workers’ compensation insurance • Provide all tools and equipment • Pay by the hour at the highest of: • Federal minimum wage—$7.25 • CA minimum wage--$8.00 • Prevailing wage--$8.70 (Madera, lowest skill) • CA Adverse Effect Wage--$10.24 • OR, WA Adverse Effect Wage--$10.92 • Pay all US workers this wage as well

  4. H-2A Problems • Program not well supervised, rules not always followed • Workers pay recruiters to get included in Mexico • Required hourly wages not always paid • Workers have no rights, can’t change jobs • Program costly for growers, bureaucratic, costs maybe 40% more than undocs • Long lead time to get workers • Only accounts for 3% of ag labor force (about 55,000 workers per year) • In CA, growers all get sued by CRLA

  5. Ag Jobs Proposal • Legalizes undocumented farmworkers and recent H-2A guestworkers—”blue card” • Worked in US ag for at least 150 days in a defined recent 2 year period • Not a criminal (as defined) • Pay application fee and fine of $100 • Blue card workers can earn Green card by: • Working 100 days a year in ag for 5 years • Working 100 days in ag one year and 150 days for the subsequent 3 years • Working 150 days in ag a year for 3 years • Pay application fee, $400 fine, income taxes

  6. Ag Jobs Proposal • Family and minor children of blue card holders residing in the US would be legalized • Changes to H-2A: • May be able to pay workers’ rent rather than provide housing • Makes downward adjustments to AEWR • Workers gain access to US courts • Goat herders, sheep herders, and dairy workers could apply for green card after 3 years of work under H-2A

  7. Dan Lungren Proposal • Administered by USDA • Issues 10-month “w” visas to a number of workers each year determined by USDA • Employers enroll in program and provide information about their labor needs • Employers can request specific “w” workers • “W” workers must be continuously employed in agriculture with enrolled employers, but can move among those employers

  8. Dan Lungren Proposal • Employers deposit the equivalent of Social Security and Federal UI withholdings to cover expense of program • Employees’ SS withholdings deposited in trust fund to be paid upon their return home • “W” workers not eligible for federal financial assistance • All labor laws apply • No legalization of undocumented • H-2A continues to exist

  9. Our Immigration Reform Principles • No industry-specific guestworker programs • No bureaucratic programs • All workers have full labor rights, including the right to change jobs and work for anyone • Family reunification for permanent immigrants, but remove right to immigrate siblings • Minimize employer costs so all can utilize • Fees charged to immigrants covers cost

  10. “Low-regulatory, low-cost” Proposal • Legalize undocumented, charge them fees—just give them all work visas • Deport criminals • Set up to admit legally a large group (250,000?)of low-skilled workers every year, issuing them work visas good for 5 years • Number admitted adjusted every year by a commission or some other means • No special recruitment of US workers, no AEWR, just the labor market

  11. “Low-regulatory, low-cost” Proposal • Workers can change jobs, come and go from US, subject to all labor laws, can collect on insurance payments (UI, SS, WC), but not welfare • At end of 5 years, worker can apply for another 5-year visa or for a green card, depending on circumstances (whether has a permanent job and work history) • Path to citizenship • Move toward secure documents for everyone, E-verify

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