Latest news with #ImmigrationReformandControlActof1986
Yahoo
12-03-2025
- Politics
- Yahoo
California farm groups look to stabilize workforce amid crackdown on illegal immigration
As the Trump administration cracks down on illegal immigration, California farm groups are working behind the scenes to influence legislative measures that would ensure a stable supply of laborers for the state's farms and ranches, an industry long reliant on a foreign-born workforce. The administration's vows of mass raids targeting undocumented immigrants, combined with its new tariff-induced trade wars, have farmers and labor groups united behind the need for legislation that ensures the U.S. continues producing an ample food supply and has sufficient workers to tend its crops. But beneath that shared goal a rift has opened around a singular question: Which workforce should be prioritized? Should farming interests push to protect and retain the undocumented workers who have toiled in the country's fields for years and who, in many cases, have families and community roots? Or should they focus on solidifying the foreign guest worker program that provides a legal channel for importing seasonal laborers on a temporary basis, but offers no path to legal residency and has proved vulnerable to exploitation? The issue is crucial in California, which grows more than one-third of the country's vegetables and more than three-quarters of the nation's fruits and nuts. Although a growing number of the state's 162,000 farmworkers are hired temporarily through the cumbersome H-2A visa program, at least half are undocumented immigrants and many have been in the country for more than a decade, according to a January 2022 report prepared for the U.S. Department of Labor. It has been nearly 40 years since federal lawmakers passed a comprehensive immigration reform bill. The Immigration Reform and Control Act of 1986 strengthened border security and introduced civil and criminal penalties for employers who knowingly hired undocumented workers. But it also paved the way for nearly 3 million immigrants in the country without authorization to gain legal status. Many major farm interests think it's time for another such reset. But immigration remains one of the most charged topics in the nation's Capitol, and any agricultural labor bill would need to garner support in a Republican-controlled Congress and White House. The California Farm Bureau, which advocates for farmers and ranchers, and the influential United Farm Workers union have for years called for reforms that would strengthen the legal pipeline for importing a temporary seasonal workforce and also provide a pathway to legal residency for undocumented laborers already in the U.S. They supported the Farm Workforce Modernization Act, a bipartisan bill that has twice passed the House before stalling in the Senate. The measure, written by Rep. Zoe Lofgren, a California Democrat, and Rep. Dan Newhouse, a Republican from Washington state, included a pathway to legal residency for farm laborers who have been working in the U.S. for an extended time period and who pass criminal background checks. It would have amended the agricultural guest worker visa program to streamline the hiring process, improve the availability of decent worker housing and establish a mandatory E-Verify system through which agricultural employers would electronically verify eligibility of their workers. Though billed as a compromise, the legislation was ultimately sidelined by concerns from the powerful American Farm Bureau Federation and a faction of Republican lawmakers over a provision they feared could expose H-2A employers to lawsuits by workers. There were also concerns that a mandatory E-Verify provision would have significant impacts for farmers. But with the Trump administration intent on upending the existing immigration system, leaders of California-based farming groups said the timing may be right for getting a comprehensive immigration measure passed. The bill's lead authors say they expect to reintroduce a version of the bill soon. 'Sometimes, it's these kinds of widespread concerns that open the door for an opportunity to fix the issues that just truly haven't been dealt with for many decades,' said Ryan Jacobsen, chief executive of the Fresno County Farm Bureau. Read more: Kern County immigration raid offers glimpse into new reality for California farmworkers Meanwhile, the National Council of Agricultural Employers — which advocates for farmers and ranchers involved in labor-intensive agricultural production, and represents about 95% of employers using the H-2A program — has drafted legislation that aims to make the visa program more efficient, according to President and CEO Michael Marsh. It doesn't provide a pathway to legal status, but Marsh said such a component could potentially be added in upcoming negotiations. The legislation proposes to expand the types of labor covered under the visa program and allow for year-round employment of H-2A workers, according to a summary shared with The Times. It would eliminate a controversial minimum hourly wage structure for guest workers laid out under the current program unless the Government Accountability Office finds that the employment of H2-A workers undermines the domestic workforce. It would provide over $1 billion for construction and repair of farmworker housing. It's intended as a 'marker bill,' Marsh said, meaning it contains policy ideas that could be folded into larger pieces of legislation. The challenge, Marsh said, is to craft a bill that meets the needs of employers, encourages workers already in the country illegally to come out of the shadows — and can earn enough Republican votes to pass out of Congress. 'How do we thread the needle, so that we can make sure that we retain the existing workforce in some type of status that is not offensive to those folks who think it's just amnesty, but at the same time allow farmers and ranchers in the United States to maintain a workforce and still produce food here?' Marsh said. An H-2A-focused bill might be a palatable solution in states that are less reliant on undocumented workers and already more dependent on the visa program. But in California, rumblings of such a bill have stirred opposition. Under H-2A, agricultural employers can hire workers from other countries on temporary permits, so long as they demonstrate an inability to find a sufficient number of available U.S. workers. The employer is required to provide imported workers with food, housing and safe working conditions. Although the Golden State had among the highest number of certified H-2A workers in 2022, many California growers say the costs of providing housing and a required wage of nearly $20 an hour make the program economically unfeasible in its current form. Farmworker advocates have also called for changes, saying the program is ripe for exploitation — because a worker's permission to be in the country is tied to the employer — and should be bolstered with additional protections. Manuel Cunha Jr., president of the Fresno-based Nisei Farmers League, said he would 'heavily' oppose an H-2A-focused bill if it doesn't also provide a path to legal residency for longtime farmworkers, including those who were deemed essential amid the pandemic. 'If you were to say you're going to do a guest worker bill before you take care of the people that are here… I will fight that to the bitter end,' he said. 'I'll join the advocacy groups. I'll even join the UFW.' Farming and labor groups say they are still formulating their strategies for pushing significant legislative changes. The Times was unable to reach several members of Congress who represent communities in California's agricultural heartland. Spokespeople for Rep. David Valadao (R-Hanford) and Doug LaMalfa (R-Richvale) did not respond to requests for comment; a spokesperson for Rep. Vince Fong (R-Bakersfield) said he was unavailable for an interview due to his schedule. Rep. Adam Gray, a Democrat from Merced, said he supports the Farm Workforce Modernization Act and would like to see a pathway to citizenship for agricultural workers. At the same time, he said, he would be open to working on a bill that reforms the H-2A visa program. 'We need to progress on this issue,' he said. 'I think a lot of those strident positions that you see in Washington are not reflected when you go out in the real communities. I think you find a lot more Americans on both sides of the aisle that say, 'Look, get something done.'' This article is part of The Times' equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges facing low-income workers and the efforts being made to address California's economic divide. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
12-03-2025
- Politics
- Los Angeles Times
California farm groups look to stabilize workforce amid crackdown on illegal immigration
As the Trump administration cracks down on illegal immigration, California farm groups are working behind the scenes to influence legislative measures that would ensure a stable supply of laborers for the state's farms and ranches, an industry long reliant on a foreign-born workforce. The administration's vows of mass raids targeting undocumented immigrants, combined with its new tariff-induced trade wars, have farmers and labor groups united behind the need for legislation that ensures the U.S. continues producing an ample food supply and has sufficient workers to tend its crops. But beneath that shared goal a rift has opened around a singular question: Which workforce should be prioritized? Should farming interests push to protect and retain the undocumented workers who have toiled in the country's fields for years and who, in many cases, have families and community roots? Or should they focus on solidifying the foreign guest worker program that provides a legal channel for importing seasonal laborers on a temporary basis, but offers no path to legal residency and has proved vulnerable to exploitation? The issue is crucial in California, which grows more than one-third of the country's vegetables and more than three-quarters of the nation's fruits and nuts. Although a growing number of the state's 162,000 farmworkers are hired temporarily through the cumbersome H-2A visa program, at least half are undocumented immigrants and many have been in the country for more than a decade, according to a January 2022 report prepared for the U.S. Department of Labor. It has been nearly 40 years since federal lawmakers passed a comprehensive immigration reform bill. The Immigration Reform and Control Act of 1986 strengthened border security and introduced civil and criminal penalties for employers who knowingly hired undocumented workers. But it also paved the way for nearly 3 million immigrants in the country without authorization to gain legal status. Many major farm interests think it's time for another such reset. But immigration remains one of the most charged topics in the nation's Capitol, and any agricultural labor bill would need to garner support in a Republican-controlled Congress and White House. The California Farm Bureau, which advocates for farmers and ranchers, and the influential United Farm Workers union have for years called for reforms that would strengthen the legal pipeline for importing a temporary seasonal workforce and also provide a pathway to legal residency for undocumented laborers already in the U.S. They supported the Farm Workforce Modernization Act, a bipartisan bill that has twice passed the House before stalling in the Senate. The measure, written by Rep. Zoe Lofgren, a California Democrat, and Rep. Dan Newhouse, a Republican from Washington state, included a pathway to legal residency for farm laborers who have been working in the U.S. for an extended time period and who pass criminal background checks. It would have amended the agricultural guest worker visa program to streamline the hiring process, improve the availability of decent worker housing and establish a mandatory E-Verify system through which agricultural employers would electronically verify eligibility of their workers. Though billed as a compromise, the legislation was ultimately sidelined by concerns from the powerful American Farm Bureau Federation and a faction of Republican lawmakers over a provision they feared could expose H-2A employers to lawsuits by workers. There were also concerns that a mandatory E-Verify provision would have significant impacts for farmers. But with the Trump administration intent on upending the existing immigration system, leaders of California-based farming groups said the timing may be right for getting a comprehensive immigration measure passed. The bill's lead authors say they expect to reintroduce a version of the bill soon. 'Sometimes, it's these kinds of widespread concerns that open the door for an opportunity to fix the issues that just truly haven't been dealt with for many decades,' said Ryan Jacobsen, chief executive of the Fresno County Farm Bureau. Meanwhile, the National Council of Agricultural Employers — which advocates for farmers and ranchers involved in labor-intensive agricultural production, and represents about 95% of employers using the H-2A program — has drafted legislation that aims to make the visa program more efficient, according to President and CEO Michael Marsh. It doesn't provide a pathway to legal status, but Marsh said such a component could potentially be added in upcoming negotiations. The legislation proposes to expand the types of labor covered under the visa program and allow for year-round employment of H-2A workers, according to a summary shared with The Times. It would eliminate a controversial minimum hourly wage structure for guest workers laid out under the current program unless the Government Accountability Office finds that the employment of H2-A workers undermines the domestic workforce. It would provide over $1 billion for construction and repair of farmworker housing. It's intended as a 'marker bill,' Marsh said, meaning it contains policy ideas that could be folded into larger pieces of legislation. The challenge, Marsh said, is to craft a bill that meets the needs of employers, encourages workers already in the country illegally to come out of the shadows — and can earn enough Republican votes to pass out of Congress. 'How do we thread the needle, so that we can make sure that we retain the existing workforce in some type of status that is not offensive to those folks who think it's just amnesty, but at the same time allow farmers and ranchers in the United States to maintain a workforce and still produce food here?' Marsh said. An H-2A-focused bill might be a palatable solution in states that are less reliant on undocumented workers and already more dependent on the visa program. But in California, rumblings of such a bill have stirred opposition. Under H-2A, agricultural employers can hire workers from other countries on temporary permits, so long as they demonstrate an inability to find a sufficient number of available U.S. workers. The employer is required to provide imported workers with food, housing and safe working conditions. Although the Golden State had among the highest number of certified H-2A workers in 2022, many California growers say the costs of providing housing and a required wage of nearly $20 an hour make the program economically unfeasible in its current form. Farmworker advocates have also called for changes, saying the program is ripe for exploitation — because a worker's permission to be in the country is tied to the employer — and should be bolstered with additional protections. Manuel Cunha Jr., president of the Fresno-based Nisei Farmers League, said he would 'heavily' oppose an H-2A-focused bill if it doesn't also provide a path to legal residency for longtime farmworkers, including those who were deemed essential amid the pandemic. 'If you were to say you're going to do a guest worker bill before you take care of the people that are here… I will fight that to the bitter end,' he said. 'I'll join the advocacy groups. I'll even join the UFW.' Farming and labor groups say they are still formulating their strategies for pushing significant legislative changes. The Times was unable to reach several members of Congress who represent communities in California's agricultural heartland. Spokespeople for Rep. David Valadao (R-Hanford) and Doug LaMalfa (R-Richvale) did not respond to requests for comment; a spokesperson for Rep. Vince Fong (R-Bakersfield) said he was unavailable for an interview due to his schedule. Rep. Adam Gray, a Democrat from Merced, said he supports the Farm Workforce Modernization Act and would like to see a pathway to citizenship for agricultural workers. At the same time, he said, he would be open to working on a bill that reforms the H-2A visa program. 'We need to progress on this issue,' he said. 'I think a lot of those strident positions that you see in Washington are not reflected when you go out in the real communities. I think you find a lot more Americans on both sides of the aisle that say, 'Look, get something done.'' This article is part of The Times' equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges facing low-income workers and the efforts being made to address California's economic divide.
Yahoo
27-01-2025
- Politics
- Yahoo
Nebraska would rev up role in curbing undocumented workers under bill targeting employers
In this aerial view, Mexican immigration officials and police escort deportees after they were sent back into Mexico on Jan. 22, 2025, as seen from Nogales, Arizona. U.S. President Donald Trump signed executive orders on his first day in office declaring a state of emergency at the U.S. southern border, halting asylum claims and launching a campaign of mass deportations. (Photo by) LINCOLN — Nebraska would step up its role against illegal immigration under a newly proposed state law requiring businesses with at least 25 workers to use an online system aimed at ferreting out undocumented workers. State Sen. Kathleen Kauth of Omaha, under Legislative Bill 532, wants to create graduated state penalties, including suspension of a business license, for employers that don't partake in the E-Verify program to check an applicant's eligibility to work and that knowingly hire people unauthorized to work in the United States. Furthermore, the measure calls upon the Nebraska Department of Labor to develop and carry out random audit inspections and expose violators using a public-facing database. 'We're saying that every business should be doing this,' Kauth, chair of the Legislature's Business and Labor Committee, said of the electronic verification. 'I want them to do the right thing.' The Immigration Reform and Control Act of 1986 makes it unlawful under federal law to knowingly employ undocumented workers. Arizona in 2008 became the first state to require E-Verify as a further deterrent, using revocation of a license to do business in the state as a hammer, and some states and cities have followed suit. Kauth said her proposal was inspired by constituent concerns, but that her intent is not only to curb the undocumented workforce. She sees it as protection for vulnerable workers who may be taken advantage of by employers because of legal status. Pillen orders Nebraska agencies to fall in line with Trump immigration crackdown The proposal comes as Gov. Jim Pillen issued a directive to state government agencies and law enforcement officials to adhere to President Donald Trump's executive orders cracking down on illegal immigration and border security. Trump's executive orders have created fear and concern in many communities. His effort to roll back birthright citizenship already faces legal challenges. Lawyers in Nebraska who work in immigration and labor law fields question the effectiveness of a state E-Verify push. Currently, mandatory E-Verify checks in Nebraska apply to a smaller group: public contractors and employers that receive tax incentives from the state. The Internet-based system is set up to compare and match information provided by a job applicant with records available to the Social Security Administration and U.S. Department of Homeland Security, essentially verifying a person's status to work. It's a free and fast service, according to a federal government website promoting E-Verify. But a major criticism of the electronic verification system is that workers using fraudulent or borrowed identities can and have evaded detection, said Amy Peck, who manages the immigration practice of Jackson Lewis law firm. Of LB 532, Peck said: 'Will it solve the illegal immigration problem for employers? No. Does it make everyone feel good? Maybe.' Daniel Martin DeLoa, a trial attorney at Omaha-based Pesek Law, sees the Kauth proposal as opening the door to potential selective enforcement and posing a barrier to doing business in Nebraska. He views the legislative proposal more as a show of support for the priorities of the president. 'This is one of many examples we will see when the Nebraska Legislature expresses clear agreement and alignment with the policies and priorities of the new Trump administration,' Martin DeLoa said. Under the Kauth proposal: An employer must verify a new hire's work eligibility using E-Verify or a similarly recognized program by the federal government. If the state labor commissioner detects noncompliance, the business has a certain amount of time to contest. Penalties include probation of a business' operating license or, for repeat violations, suspension of the license. Employers that knowingly employ an unauthorized immigrant worker face suspension of their business license. The license can be reinstated if the employer fires the worker in question or pays the cost of either the Labor Department's investigation or $1,000. Suspensions are longer with repeat violations. A business that 'in good faith' uses E-Verify is presumed not to be in violation, subject to rebuttal by evidence. And an employer who fires a worker to comply with the statute won't be subject to a civil action for wrongful termination of the employee. The state Labor Department, in administering a statewide random auditing program, gains the authority to enter a business at 'reasonable times' and question bosses and workers, examine and photograph relevant records. Bryan Slone, chief executive of the Greater Omaha Chamber of Commerce, said that many businesses in Nebraska already use E-Verify. While the chamber has not yet examined the bill, or taken a position, its leaders tend to take a practical point of view, he said. One problem, Slone said, is that there is not a consistent approach to worker verification among all states and cities and, generally, a patchwork of regulations hampers business. Some Nebraska businesses also have employees in multiple states, he noted. 'It means employers have to keep track of all these different provisions in different jurisdictions,' he said. 'It's always better to have uniform federal rules from a compliance standpoint.' From a broader perspective, he said, businesses want a better federal immigration system that processes work visas faster and in ways that provide more legal workers to U.S. employers struggling with a shortage of applicants. 'This is nothing the State Legislature can fix,' he said, but it is a priority for an alliance of Nebraska organizations including the Nebraska Chamber. Kauth said she recognizes that a legislative proposal is a work in progress, and she welcomes input from taxpayers and others during public hearings. 'We're going to find out what people think,' she said. 'Perhaps it's just the first step in, How do we make it better?' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
27-01-2025
- Politics
- Yahoo
Nebraska would rev up role in curbing undocumented workers under bill targeting employers
In this aerial view, Mexican immigration officials and police escort deportees after they were sent back into Mexico on Jan. 22, 2025, as seen from Nogales, Arizona. U.S. President Donald Trump signed executive orders on his first day in office declaring a state of emergency at the U.S. southern border, halting asylum claims and launching a campaign of mass deportations. (Photo by) LINCOLN — Nebraska would step up its role against illegal immigration under a newly proposed state law requiring businesses with at least 25 workers to use an online system aimed at ferreting out undocumented workers. State Sen. Kathleen Kauth of Omaha, under Legislative Bill 532, wants to create graduated state penalties, including suspension of a business license, for employers that don't partake in the E-Verify program to check an applicant's eligibility to work and that knowingly hire people unauthorized to work in the United States. Furthermore, the measure calls upon the Nebraska Department of Labor to develop and carry out random audit inspections and expose violators using a public-facing database. 'We're saying that every business should be doing this,' Kauth, chair of the Legislature's Business and Labor Committee, said of the electronic verification. 'I want them to do the right thing.' The Immigration Reform and Control Act of 1986 makes it unlawful under federal law to knowingly employ undocumented workers. Arizona in 2008 became the first state to require E-Verify as a further deterrent, using revocation of a license to do business in the state as a hammer, and some states and cities have followed suit. Kauth said her proposal was inspired by constituent concerns, but that her intent is not only to curb the undocumented workforce. She sees it as protection for vulnerable workers who may be taken advantage of by employers because of legal status. Pillen orders Nebraska agencies to fall in line with Trump immigration crackdown The proposal comes as Gov. Jim Pillen issued a directive to state government agencies and law enforcement officials to adhere to President Donald Trump's executive orders cracking down on illegal immigration and border security. Trump's executive orders have created fear and concern in many communities. His effort to roll back birthright citizenship already faces legal challenges. Lawyers in Nebraska who work in immigration and labor law fields question the effectiveness of a state E-Verify push. Currently, mandatory E-Verify checks in Nebraska apply to a smaller group: public contractors and employers that receive tax incentives from the state. The Internet-based system is set up to compare and match information provided by a job applicant with records available to the Social Security Administration and U.S. Department of Homeland Security, essentially verifying a person's status to work. It's a free and fast service, according to a federal government website promoting E-Verify. But a major criticism of the electronic verification system is that workers using fraudulent or borrowed identities can and have evaded detection, said Amy Peck, who manages the immigration practice of Jackson Lewis law firm. Of LB 532, Peck said: 'Will it solve the illegal immigration problem for employers? No. Does it make everyone feel good? Maybe.' Daniel Martin DeLoa, a trial attorney at Omaha-based Pesek Law, sees the Kauth proposal as opening the door to potential selective enforcement and posing a barrier to doing business in Nebraska. He views the legislative proposal more as a show of support for the priorities of the president. 'This is one of many examples we will see when the Nebraska Legislature expresses clear agreement and alignment with the policies and priorities of the new Trump administration,' Martin DeLoa said. Under the Kauth proposal: An employer must verify a new hire's work eligibility using E-Verify or a similarly recognized program by the federal government. If the state labor commissioner detects noncompliance, the business has a certain amount of time to contest. Penalties include probation of a business' operating license or, for repeat violations, suspension of the license. Employers that knowingly employ an unauthorized immigrant worker face suspension of their business license. The license can be reinstated if the employer fires the worker in question or pays the cost of either the Labor Department's investigation or $1,000. Suspensions are longer with repeat violations. A business that 'in good faith' uses E-Verify is presumed not to be in violation, subject to rebuttal by evidence. And an employer who fires a worker to comply with the statute won't be subject to a civil action for wrongful termination of the employee. The state Labor Department, in administering a statewide random auditing program, gains the authority to enter a business at 'reasonable times' and question bosses and workers, examine and photograph relevant records. Bryan Slone, chief executive of the Greater Omaha Chamber of Commerce, said that many businesses in Nebraska already use E-Verify. While the chamber has not yet examined the bill, or taken a position, its leaders tend to take a practical point of view, he said. One problem, Slone said, is that there is not a consistent approach to worker verification among all states and cities and, generally, a patchwork of regulations hampers business. Some Nebraska businesses also have employees in multiple states, he noted. 'It means employers have to keep track of all these different provisions in different jurisdictions,' he said. 'It's always better to have uniform federal rules from a compliance standpoint.' From a broader perspective, he said, businesses want a better federal immigration system that processes work visas faster and in ways that provide more legal workers to U.S. employers struggling with a shortage of applicants. 'This is nothing the State Legislature can fix,' he said, but it is a priority for an alliance of Nebraska organizations including the Nebraska Chamber. Kauth said she recognizes that a legislative proposal is a work in progress, and she welcomes input from taxpayers and others during public hearings. 'We're going to find out what people think,' she said. 'Perhaps it's just the first step in, How do we make it better?' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
