Agriculture Labor Reform Legislation Remains In Limbo

Despite the fact that the House of Representatives passed the Farm Workforce Modernization Act well over a year ago with strong bipartisan support the Senate has not moved forward on any legislation. Most recently some articles have appeared in various agriculture publications saying that the Senate is on the verge of introducing an Agriculture Labor Bill.  That information is not correct. Senators Mike Crapo, Republican of Idaho and Michael Bennet, Democrat from Colorado both important dairy states have been pushing hard to have legislation taken up. They clearly recognize that the agriculture sector and dairy in particular need an immediate solution to their critical labor needs. Filling labor shortages are a top priority for both our dairy producers as well as for our cooperatives.

A Myriad of Issues Confront Ag Labor Legislative Provisions

As pointed out in past updates the difficulty in reaching a legislative compromise on any ag labor bill are many. There has always been the question of extending citizenship for immigrant workers who would be eligible under any new legislation to enter the U.S. through a farm worker visa program.  Secondly undocumented workers who have already been in the U.S. for a number of years working on farms—the number of which is unknown are of concern to members of Congress who believe they are not qualified to remain here and should return to their home countries. Right now the Administration is not targeting undocumented immigrants for deportation. However, establishing a program to allow them to come forward and undergo background checks and other immigration requirements in order to receive work visas has always been controversial. Caps on the number of workers allowed in under an expanded H-2A program that would give dairy producers access to year round employees has remains another sticking point. These are just a few of the issues that come up during discussions in the legislative process. But as you will note in reading further on another major issue has arisen which is going to be a very difficult one to resolve.

The Current Situation In The Senate

Right now there is no legislative language that has been drafted in the Senate for the agriculture community to review notwithstanding what you might have read in the press. Negotiations continue between Senators Crapo and Bennet as well as their efforts to have the Senate take up and pass a bipartisan bill. Any future Senate bill might not resemble the Farm Workforce Modernization Act which certainly has its imperfections but a bill—any bill—needs to be introduced as soon as possible in order for any possibility of getting reform legislation passed in this session of Congress.

Strong Concern Over A Potential Legislative Provision

As mentioned earlier in this article there has been a recent issue that has come up which could put a stop to the forward progress of getting a bill passed in the Senate. The American Farm Bureau Federation (AFBF) along with other farm organizations has voiced its deep reservations about any provision in an ag labor bill that would allow immigrant workers to sue their employers. Issues such as housing, wages, working conditions and treatment of employees have been raised by members of Congress and in some states where various laws and regulations have been put into place. This matter has increasingly come to the forefront in the last few years. Among certain members of Congress worker protection provisions including the right to sue their employers needs to be part of any future ag reform legislation.

AFBF’s concern is that any provision allowing lawsuits by immigrant employees could result in large numbers of frivolous legal actions against farm employers. There is no question that lawsuits can be both expensive and time consuming for producers. At this point this potential provision in any future bill remains a major impediment to the support of AFBF and other farm groups in the Senate.

Farm Organizations Urge Senate To Move On Farm Labor Legislation

Under the leadership of Agriculture Workforce Coalition over 450 farm organizations sent a letter to the Senate Majority and Minority Leaders as well as copying all other members of the Senate exhorting them to immediately pass an agriculture workforce bill during this session of Congress. This letter was signed by almost every major farm organization in the U.S. as well as hundreds of state and local associations as well. It is not often that you see this many farm organizations get behind a single issue with this much support. Dairy cooperatives and related organizations were prominent in the 8 full pages of signatures attached to the letter.

The letter points out correctly that FOOD is a National Security matter and that the Senate needs to move on legislation as soon as possible. A key point made in this excellent letter is that “inaction by Congress will force many farmers to consider whether they can continue in labor intensive agriculture”. And the letter backs this up with some very impressive facts. USDA’s National Agriculture Statistics Service (NASS) over the last decade has seen the number of U.S. farms decline by 185,000 and the total land in farms by around 25 million acres. The letter also emphasizes the economic impact of the importance of a stable agriculture on the nation’s economy. It quotes the percentage increase in the Consumer Price Index Report on a number of major food products including fruit, vegetables, meat, milk and eggs just to name a few.

The letter stresses how vital legislation is needed—now—to resolve the ag labor crisis.

What Are Our Chances of Getting Something Done This Year?

If you have read my past articles you know I have been pessimistic on our chances. My major concern has been that the U.S. Mexican border crisis is a big stumbling block since as many as 3 million illegal immigrants will enter the U.S. this fiscal year by just crossing the border. A number of members of Congress want this problem solved first. However, some of my colleagues don’t agree with me on this. They say these are two different issues. Perhaps they are right. By nature I am an optimist. The “Lame Duck” session of Congress after the mid-terms might well be an opportunity to get ag labor legislation passed. The environment is different during this time period. Members of Congress who are retiring or not running again have nothing to lose in voting for legislation that they otherwise might have some issues with. Just getting an expanded H-2A program for year round workers for dairy and other agriculture businesses would be a huge victory for us. There is always hope. We can’t give up.