As the Trump administration cracks down on illegal immigration, California farm groups work behind the scenes to influence legislative measures that ensure a stable supply of workers for state farms and ranches, an industry that has long relied on foreign-born labor forces.
The administration of mass attacks targeting undocumented immigrants, coupled with a new tariff-induced trade war, is integrating farmers and labor groups behind the need for legislation that ensures that the United States continues to produce adequate food supplies and have enough workers to tilt crops.
But under that shared goal, rift has opened up around a singular question: which workers should they prioritize? Should the benefits of agriculture be promoted to protect and maintain undocumented workers who have struggled in the field of this country for years and often have family and community roots? Or, we should focus on strengthening foreign guest worker programs that provide legal channels for temporary imports of seasonal workers, but have they proven to be vulnerable to exploitation, providing a path to legal residence?
This issue is important in California, with over a third of the country’s vegetables and over a quarter of the country’s fruits and nuts growing. According to a January 2022 report prepared for the U.S. Department of Labor, 162,000 farmers in the state are temporarily employed, but at least half are undocumented immigrants, with many people still in the country for more than a decade.
It’s been nearly 40 years since Congressmen passed the comprehensive immigration reform bill. The Immigration Reform Act of 1986 strengthened border security and introduced civil and criminal penalties for employers who intentionally hired undocumented workers. But it also paved the way for nearly 3 million immigrants in the country without permission to acquire legal status.
I think the interest of many major farms is at a time for another such reset. But immigration is one of the most billed topics at Capitol, and the Agricultural Labor Bill is needed to attract support in Republican-controlled Congress and the White House.
For years, the California Farm Bureau, advocating for farmers and ranchers, and the influential United Farm Workers Union, have been calling for reforms to strengthen the legal pipeline for importing temporary seasonal workers, to provide a path to legal residents for undocumented workers already in the United States.
They supported the Farm Workforce Modernization Act, a bipartisan bill that passed homes twice before stalling in the Senate. Written by California Democrat Zoe Lofgren and Washington Republican Rep. Dan Newhouse, the measure included a long-term worker working in the United States and passing criminal history checks, which included a path to a legitimate resident. The Agricultural Guest Worker Visa Program will be amended to streamline the employment process, improve the availability of decent workers’ housing, and establish a mandatory electronic verification system in which farm employers electronically verify workers’ eligibility.
Although it was called for a compromise, the law was ultimately on the sidelines from the powerful American Farm Bureau federation and Republican lawmaker factions feared that H-2A employers could be exposed to worker lawsuits. There were also concerns that the mandatory electronic verification clause would have a major impact on farmers.
But the leader of a California-based agricultural group said the timing of passing comprehensive immigration measures might be correct because the Trump administration intends to overthrow existing immigration systems. The bill’s lead author says he hopes they will soon reintroduce the bill’s version.
“It’s this kind of broad concern that opens the door to solving opportunities to solve problems that have not been addressed for decades, and so on,” said Ryan Jacobsen, CEO of the Fresno County Farm Bureau.
Meanwhile, the National Council of Agricultural Employers, which is involved in labor-intensive agricultural production and defends farmers and ranchers who use the H-2A program to represent about 95% of employers, accounts for around 95% of employers, according to President and CEO Michael Marsh. While it does not provide a path to legal status, Marsh said such elements could be added in future negotiations.
The law proposes expanding the type of workforce covered by the Visa program and allowing H-2A workers to be hired annually, according to a summary shared with The Times. Unless the government’s Accountability Office discovers that H2-A workers’ employment undermines the domestic workforce, it eliminates the controversial minimum hour wage structure of guest workers laid out under the current programme. It provides over $1 billion to build and repair homes for farm workers.
Marsh said it was intended as a “marker bill.” That is, it contains ideas for policies that can be folded into larger laws.
Marsh said the challenge would create bills that meet the needs of employers, encourage workers already in the country to illegally step out of the shadows, and earn enough Republican votes to pass from Congress.
“How do you pass the needle through, so that the existing workforce can be maintained with a certain status,” Marsh said.
The H-2A-focused bill could be a tasty solution in states that do not rely on undocumented workers and are already dependent on visa programs. But in California, the rumbling of such bills sparked opposition.
In H-2A, farm employers can employ workers from other countries with temporary permits, as long as they show that they cannot find sufficient numbers of available US workers. Employers must provide food, housing and safe working conditions to imported workers.
Golden State had the most certified H-2A workers in 2022, but many California growers say the cost of providing housing and wages of nearly $20 an hour makes the program economically unfeasible in its current form.
Farmworkers advocates say the programme is ripe for exploitation.
Manuel Cuña Jr., chairman of the Fresno-based Nisei Farmers League, said he would “heavy” oppose the H-2A-focused bill if it doesn’t provide legitimate residents to longtime farmers, including those deemed essential amid the pandemic.
“Before taking care of the people here, if you say you’re going to bill a guest worker… I’ll fight it to the bitter end,” he said. “I’ll be joining advocacy groups. I’ll be joining UFW.”
Agriculture and labor groups say they are still developing strategies to drive significant legislative change.
The Times failed to reach several members of the Congress representing the California agricultural centre community. Spokesman David Valadao (R-Hanford) and Doug Lamalfa (R-Richvale) did not respond to requests for comment. A spokesman for Rep. Vince Von (R-Bakersfield) said that due to his schedule it would not be available for interviews.
Rep. Adam Gray, a Democrat at Merced, said he supports the Farm Workforce Modernization Act and wants to see the path to citizenship for farm workers. At the same time, he said he will be open to working on a bill that reforms the H-2A visa program.
“We need to move on with this,” he said. “I don’t think a lot of these tough positions you see in Washington are reflected when you go out into your real community. I think there are a lot more Americans on either side of the aisle who say, ‘Look, do something’. ”
This article is part of the Times Equity Report initiative funded by the James Irvine Foundation, which examines the challenges faced by low-income workers and efforts to address economic disparities in California.
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