Issue:
America’s farmers face a “Catch 22” when verifying the status of their workforce. It is illegal to “knowingly” hire someone who is not authorized to work in the U.S., but an employer is limited in what he or she may ask to determine who is authorized. If the employer requests more or different documents when the original documents presented to him or her appear reasonable on their face, then the employer could be subject to Justice Department investigation or a lawsuit for unlawful discrimination. If, on the other hand, the employer accepts those documents but later is notified by the Social Security Administration that information contained in the documents does not match agency records, then the employer may not be safe from prosecution for “knowingly” hiring an illegal worker.
Impact:
Currently, farmers may recruit workers from abroad under the H-2A temporary guest worker program. But the H-2A program is expensive because it requires employers to offer free housing and transportation in addition to a wage rate (the “adverse effect wage rate” or AEWR) that is frequently above market levels. Moreover, the program is excessively bureaucratic, requiring subsequent approval by four governmental agencies, Department of Labor, Department of Homeland Security, State Department and the state employment agency. It also has been a magnet for litigation, forcing many growers to spend large sums in court. Further, most year-round operations – such as dairy and mushroom farms – are not eligible for H-2A, even though labor requirements are no less a problem for these than other operations.
Farm Bureau estimates that one-third of U.S. fruit and vegetable production, amounting to between $5 billion and $9 billion in income, is at risk of being lost to foreign competition without a workable temporary worker program. In addition, net farm income for the rest of the agricultural sector is expected to decline by as much as $5 billion annually. Pennsylvania is likely to experience $97-$175 million in losses without a meaningful guest worker program.
Farm Bureau Policy:
Without workers from abroad, and even embracing technological advancements, America's fields would go un-harvested; its livestock, unattended. We must confront the problem of illegal migration directly and comprehensively, but traditional law enforcement and migration measures alone will not suffice. A worker program must be part of the solution. While many agricultural workers will not seek U.S. citizenship, there has to be an incentive for some to come forward. We do not support amnesty, but we can no longer afford, in a post-September 11th world where resources are scarce, to continue focusing on those who would pose no risk to our nation's security. We support a worker program that addresses agriculture's unique needs, which may change suddenly with weather, global market realities, contract enforceability or other variables beyond the grower's control. We oppose requiring agricultural employers to pay more than an average wage rate prevailing in a particular agricultural occupation and region, if required to pay above the Fair Labor Standards Act (FLSA) minimum; Limiting the number of temporary worker visas, or guaranteeing payment of any fraction of a worker's pay for work that has not been performed and; expanding the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to employers of agricultural temporary workers or providing those workers with a private right of action, expressed or implied, in state or federal court.
Legislative Request:
Pennsylvania Farm Bureau members urge Congress to recognize agriculture’s need for a reliable temporary work force to do the jobs Americans are not willing to perform. The final solution must be comprehensive in nature and must allow for a means to employ immigrant agricultural workers. |
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