Lawmakers eye immigrant farmworker legal status, protections

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(The Center Square) – Bipartisan lawmakers reintroduced a bill designed to give immigrant farm workers an opportunity to pursue temporary legal status in the United States.

The Farm Workforce Modernization Act proposes allowing immigrant farm workers to apply for Certified Agricultural Worker status, which can be renewed indefinitely given a noncitizen’s continued employment as a farmworker.

U.S. Reps. Dan Newhouse, R-Wash., Zoe Lofgren, D-Calif., Mike Simpson, R-Idaho, David Valadao, R-Calif., and Adam Gray, D-Calif., sponsored the legislation.

“The workforce crisis has come to a boiling point for farmers across the country,” Newhouse said. "Reintroducing the Farm Workforce Modernization Act sends a clear message to farmers that we are working hard to find solutions that ease the burdens brought on by the current state of the H-2A program.”

The H-2A visa program allows agricultural employers to hire immigrant workers for temporary or seasonal jobs when there are not enough U.S. workers available.

According to the U.S. Department of Agriculture data, 42% of farm workers in the United States do not have legal status.

There is no cap on the number of H-2A visas that can be issued in a single year. In 2023, the U.S. Department of State issued more than 370,000 H-2A visas to immigrant workers, a sevenfold increase from 2005.

"The men and women who work America’s farms feed the nation. However, in the past few years, we’ve seen labor shortages contribute to high food prices," said  Lofgren. "As economic chaos and confusion continues, it is essential we provide stability to this critical workforce.”

While the H-2A visa program serves many people, the proposed bill seeks to expand its services to year-round farm workers in addition to seasonal workers. The bill allots 20,000 visas per year for dairy and year-round farmworkers. The 20,000 figure is open to increase or decrease annually based on labor metrics, according to the bill.

The bill would require immigrants who apply and their family members to pass a criminal background check and require immigrants to maintain farm-worker employment for at least 100 days per year.

“The current H-2A program doesn’t meet the labor needs of many producers, but the Farm Workforce Modernization Act is a positive step to addressing our agriculture workforce needs and securing our food supply chain,” Valadao said.

The H-2A program has come under scrutiny for its lack of protections for immigrant workers. The bill offers wage protections as well as additional opportunities for visas across various agricultural industries.

The proposed legislation also offers immigrant farm workers the opportunity to pursue permanent legal status. Workers who want to stay are required to pay a $1,000 fine and must complete 4-8 additional years of agricultural work.

“This legislation is a common-sense, bipartisan solution that provides stability for our farmers and dignity for the workers who feed America,” said Costa. “If President Trump is serious about fixing our broken immigration system, he should work with us to get this bill across the finish line.”

The Farm Workforce Modernization Act was passed by the U.S. House of Representatives in 2019 and 2021 but failed to pass in the U.S. Senate both times.