Ag Labor bill passes the house, waits at the

Ag Labor Bill Passes the House, Waits at the Senate… Again

BY DANTE L GALEAZZI, Texas InTernaTIonal Produce assocIaTIon

The Farm Workforce Modernization Act was originally introduced in 2019 and was reintroduced to the U.S. Congress earlier this year. The bill passed the House in March 2021, and is currently with the Senate. So, what does this bill do for agricul ture and why does it matter? Having a reliable, legal workforce in sufficient numbers has long been a challenge for U.S. agriculture. Over the last five to seven years, South Texas has become the latest in agriculture to habitually encounter difficulties with finding enough workers. And Texas is not alone in the shortage – just look at the number of visas issued annual under the H-2A program.

In 2014, the H-2A program issued less than 100,000 visas to foreign workers for seasonal agricultural jobs in the United States. In 2019, the U.S. Dept. of Labor certified nearly 260,000 jobs for H-2A visas with nearly 20,000 of those visas coming to Texas employers. Even as usage of the program grows our personnel shortages persist, not to mention we still must address how to effectively move undocumented noncitizens into a legal workforce status without punishing either the employee or employer.

Thus, the need for a bill such as the Farm Workforce Modernization Act.

Is the bill perfect? Not even close. Does it help U.S. agriculture? Absolutely. What does the bill do? Let’s break it down:

Certified Agricultural Workers (CAWs)

Although the statistic varies from year-to-year and report to report, most place the number of undocumented noncitizens in agriculture between 1 to 1.5 million. The bill creates a program that moves these workers into a legal visa status, titling them and their nuclear families (spouse and minor-age children) as Certified Agricultural Workers. To be eligible, the candidate must show proof of work in agriculture of at least 180 days in the last 2 years. Once qualified, the candidate can receive a CAW visa good for 5 years that permits them to work in agriculture, and are eligible to renew that visa for another 5 years if they work in agriculture for at least 100 days each of the 5 years prior to the renewal. The 5 year extension can be renewed indefinitely, providing noncitizens the opportunity to remain in agriculture while permitting them to move back and forth between their home country and the U.S. without issue.

Depending on their tenure working in agriculture, between 4 to 8 years after entry into the CAW program (and while remaining in good standing in the program as mentioned above), the candidates could become eligible to pay a fine and begin the application process to seek Legal Permanent Residency, which is the same pathway all other noncitizens that wish to legally immigrate would pursue.

H-2A Program Improvements

H-2A is the visa system used to legally bring Guest Workers (aka Seasonal workers, Foreign Workers, Noncitizen workers, etc.) to the U.S. for a predetermined amount of time to work in agriculture. Between the lengthy and complicated application

requirements, high costs of participation and compliance, not to mention the hefty fines associated with missteps or violations, the H-2A program remains an unideal but necessary tool for U.S. agriculture.

This bill fixes a few of the program’s maladies, such as: moves the process of filing applications with three separate, federal agencies into a single application-portal; reduces petitions to account for staggered dates of hiring; moves job posting requirements from newspaper to electronic formats; pauses the AEWR for one year and limits the annual increase, as well as creates a new wage survey/ methodology; and locks in wages for duration of a contract, rather than incurring changes mid-contract.

The bill also creates a pathway in the H-2A system to provide 60,000 year-round worker visas (since the current visa caps at 10 months), which is critical since many on-farm operations require attention 12 months out of the year.

Finally, the act also modifies several grant and loan programs which will make accessing funds for farmers or other agricultural companies possible in order to update, improve or build new worker housing.

E-Verify Requirement

E-Verify is a web-based system that allows employers to confirm eligibility of their employees in near real time. The bill would

create a phased, nationwide E-Verify requirement for all agricultural employers. More about the E-Verify system can be learned by visiting the web-site www.e-verify.gov.

The fresh fruit and vegetable industry, and likely many others in agriculture, would still like to see more done to the bill before it passes the Senate. For example, more protections for undocumented workers, their families, and employers during the CAW application and approval process is a big one. Also needed is a longer pause on the AEWR rates and a faster timetable for implementing a much need and improved wage analysis methodology.

But those issues should not prevent the industry from providing support or backing to the bill. Nor should agriculture be issuing statements against the Farm Workforce Modernization Act. There are some groups in agriculture that are against supporting the bill until it gets closer to perfection. Unfortunately, such hesitation has been a contributing factor to the lack of meaningful agricultural labor reform for more than 30 years.

Today, both Republicans and Democrats in Washington DC acknowledge the shortages in agricultural labor, which is to the industry’s benefit. Never before has the topic been better understood, with more attention, across such a wide political spectrum. Yet… how long will politicians work on agriculture issues if our industry insists on perfection rather than progress? With so many different issues on-going in DC, agriculture should not shun smaller wins – like this bill. The Farm Workforce Modernization Act can help our industry by creating a base for labor reform, like a first step. From there, addi tional bills in future sessions of Congress can build on this one, addressing and improving shortcomings.

Yes, the passage of the Farm Workforce Modernization Act feels like a long shot right now with so many other “higher priority” issues in front of Congress. However, we cannot be afraid as agriculture to ask for the things that will improve this industry and we cannot wait for the perfect bill either. “You miss 100% of the shots you don’t take,” and if we as an industry do not take this shot to do something about agricultural labor… we’re going to be guaranteed to miss a perfect opportunity to bring about progress on a critical issue.

There is a saying that can be applied here, “Do not let Perfection be the enemy of Progress.”

Farm Bureau lends helping hand following winter storm

County Farm Bureaus across Texas donated time and money to community food and emergency relief efforts following the winter storm.

Through the Help ing Hands co-op contribution pro gram, Texas Farm Bureau (TFB) and county Farm Bureaus donated $262,197 to community food and emergency relief efforts following February’s winter storm.

The Lone Star State faced a tough start to the year when the storm dealt another blow to Texans who were still reeling from the effects of the COVID-19 pandemic. Resources were stretched thin, and the list of people and organizations needing assistance after the record-breaking winter storm was long.

The Helping Hands program established by TFB aimed to meet a variety of needs in communities across the state.

“This unprecedented weather event brought new hardships to Texans who were already struggling with loss of employment, fewer resources available and other issues related to the pandemic,”

TFB President Russell Boening said. “This program assisted county Farm Bureaus in lending a helping hand to the local communities.”

In 2020 and 2021, TFB and county Farm Bureaus contributed a total of $815,996 in community food and emergency relief efforts. Donations in 2020 were made through Feeding the Need and Feeding Texas co-op contribution programs.

Through the Helping Hands program, TFB provided a 2-to-1 match for county Farm Bureau contributions up to $750 for any qualified donation. Entities that provide food and shelter or meet other basic needs were a priority, as well as other non-profits that were affected by this historic weather event.

A total of 123 county Farm Bureaus participated in the program, donating $98,384 directly to local food and emergency relief organizations. TFB matched $163,813, further increasing the impact of the statewide program.

“This program put the decision of how best to make an impact in the hands of county Farm Bureaus to maximize the co-op contribution from the state organization,” Boening said. “Our county organizations and Farm Bureau members stepped up to help provide assistance in a time of high demand.”

Several county Farm Bureaus made donations to Meals on Wheels, food pantries, volunteer fire departments and a weekend snack program for kids. Others donated to community and charitable groups. Donations came in all shapes, sizes and amounts. County leaders also contributed their time and coordinated logistics for donations.

“We’re proud our county Farm Bureaus and state organization could lend a hand during these trying times. Farm Bureau considers itself one big family, and we set out to help as many folks as we could during this time of need— just like family would do,” Boening said. “Farm Bureau’s commitment to agriculture and communities has never wavered during a time of need, including Winter Storm Uri and the ongoing pandemic.” The program ran from Feb. 18 through April 30.