Immigration bills go to the House Floor

Dignity or Exploitation ?

WHAT FUTURE FOR FARMWORKER FAMILIES IN THE UNITED STATES? 

David Bacon, 

 

H-2A Leads a Race to the Bottom for Farmworkers 

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But the most far-reaching bill dealing with H-2A workers was introduced in Congress in 2019 by Zoe Lofgren, a 

Democrat from Silicon Valley, together with Dan Newhouse. The Farm Workforce Modernization Act of 2019 essentially ties legalization for undocumented farmworkers and guest worker programs together.161 This compromise bill would guarantee growers a labor supply at a price they want to pay, while at the same time providing a pathway to legal residence for many undocumented farmworkers. 

The House passed this bill, and it died in the Senate. Un- der a new Biden administration, the pressure from growers and Washington lobbyists will be intense to revive it as the centerpiece of its immigration agenda. Representative Raul Ruiz told the Los Angeles Times that the administration was developing a package of executive orders and Congressio- nal bills that would incorporate provisions from legislation already passed by the Democrat-controlled House of Rep- resentatives. Included was the Farm Workforce Modernization Act.162 

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Since half of current workers have no legal status, an even more predictable impact of the mandatory use of E-Verify would be to make it harder for employers to find workers they can legally hire. The half of the workforce that is currently undocumented would eventually shrink as people applied for green cards, gained legal status, and found better-paying jobs elsewhere. The other half of the workforce – people who are citizens or have legal immigration status – will shrink as well over time, particularly because the average age of farmworkers has increased from 28 in 2000 to 38 today.166 

The Farm Workforce Modernization Act had several provisions to make the H-2A program more attractive. One, suspending for one year the increase in the Adverse Effect Wage Rate, was already announced by President Trump the day before the election.167 After ten years, the AEWR would be evaluated and could be abolished altogether. The net 

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The bill did contain some pro-worker changes in the H-2A program. Ten thousand holders of H-2A visas per year would be able to transfer from the employer that recruited them to another employer, which is presently not allowed. H-2A workers would be covered by the Migrant and Seasonal Agricultural Workers Protection Act (AWPA), offering some protection from abuses. Employers could sponsor 40,000 farmworkers, including both undocumented and H-2A workers, for green cards each year. Many workers want residence status badly, but giving employers the power to petition also makes workers more vulnerable to threats and pressure. 

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The Farm Workforce Modernization Act itself was overtaken by election politics, but Republicans and centrist Democrats can be expected to reintroduce its main elements, putting before the Biden administration the basic question of the direction for U.S. immigration policy. The flow of many Mexican and Central American migrants across the border will either be increasingly imprisoned in a system of cheap and disposable labor by growers, or it will be integrated into families and communities able to fight for rights, legal status, unions, and a better standard of living. 

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Its in the report:  https://www.oaklandinstitute.org/dignity-or-exploitation

 

https://www.oaklandinstitute.org/sites/oaklandinstitute.org/files/dignity-exploitation.pdf

 

The bill, the Farm Workforce Modernization Act passed the Democratic controlled House in 2019.

It is on the House agenda now.

 

The Hill.

With Susannah Luthi.

IMMIGRATION ON THE MIND: It is a big week for immigration. The House is poised to vote on two immigration bills this week, both narrower pieces of legislation while Democrats weigh how ambitious to go with President Joe Biden’s comprehensive immigration plan. All of this is unfolding amid a growing debate about how to address the surging numbers of migrant children and families being detained at the U.S.-Mexico border. 

1) The Dream and Promise Act would provide a path to citizenship for Dreamers, young immigrants who were brought to the country as children and have remained in the country illegally. This bill also provides a path to citizenship for the immigrants living in the U.S. with Temporary Protected Status. Seven House Republicans supported this legislation last time around.

2) The second bill, the Farm Modernization Workforce Act, aims to provide a path to citizenship for farm workers who are living in the country illegally. Thirty-four Republicans supported this legislation last Congress.

Both bills passed the House last session but weren’t taken up in the Senate. Still, despite Dems’ narrow majority, the bills as they currently stand are unlikely to get the 60 needed votes to pass in the upper chamber. (This has also fueled talk of including key immigration provisions to Dems’ next use of the reconciliation process.) Meanwhile, Senate Judiciary Chairman Dick Durbin (D-Ill.) is talking with Republicans about a narrow bipartisan approach on Dreamers.

Please inform yourselves well.

 

 

Holiday Greetings from the UFW

Arturo and Sonia Rodriguez

As we enjoy the holiday season and look forward to the New Year, I want to ask you to join our holiday pledge drive. Please make your gift of any amount or even make a New Year’s resolution that lasts all year long by joining our monthly pledge program.

2014 was an extremely busy year for the UFW. We are proud of all we accomplished on a slim budget. We negotiated contracts for thousands of workers in the citrus, berry, wine grape, vegetable, flower and almond industries. We were able to improve each and every one of the UFW contracts we renegotiated.

Besides this, we are working intensely to bring the benefits of a UFW contract to the more than 5,000 workers at Gerawan Farming -- who sell their fruit under the Prima label. It’s a hard battle as Gerawan believes they are above the law. For the last three months our attorneys have been in court presenting testimony that Gerawan committed a litany of violations against its workers who are fighting hard for their contract. Already, more than  60 workers have testified in this hearing, many attesting to intimidation and unlawful company interference in efforts to get rid of the UFW. The hearings are expected to last through January and a decision isn't expected until at least next summer.

California Immigration bills by Assemblymember V. Manuel Perez

AB 1544 Agriculture Jobs & Industry Stabilization Act of 2012 – creates a guest worker program, administered by the Employment Development Department, whereby current undocumented workers in the agriculture and service sectors, and their immediate family members, would be authorized to remain in California as legal residents provided they meet specified criteria. The program would be paid for with fees charged to those participating. The bill requires an analysis to be done in year three of the program to determine whether it had resulted in any displacement of employable U.S. citizens in the specified industries.

AB 1545 Bi-National Economic Development & Infrastructure Bank – establishes a state equivalent of the North American Development Bank to facilitate and finance economic and infrastructure projects in the California and Mexico border region. Improving the goods movement infrastructure and economy of California-Mexico border region, based on expediting legitimate commerce, will result in immediate and long-term benefits to the people of California. Economic stability in the border region also serves as a practical approach for minimizing and discouraging the unauthorized flow of individuals into California. This bill creates a tool to support the investment of private and federal dollars in projects that facilitate trade and economic growth and does not use state General Funds.

AB 1546 California High Skilled Worker Retention & Family Act of 2012 – authorizes the Employment Development Department to develop a state program that allows high skilled workers that meet specified criteria to be sponsored by businesses to work legally in California under the status of resident immigrant. The bill recognizes the economic importance of maintaining access to high skilled workers and creates a California version of the federal law related to sponsored immigrant workers. The program would be administered by EDD and would be paid for with fees from the sponsoring business.

Lets have a debate on Immigration reform

To:  The Obama Administration
LET’S HAVE A DEBATE ABOUT IMMIGRATION REFORM
An Open Letter

This letter was initiated by the Grassroots Immigrant Justice Network, a group which was recently formed by leaders in the immigrant rights and labor movements across the country. Initial members include Isabel Garcia, David Silva Villalobos, Carlos Arango, Juan Jose Bocanegra, Nativo Lopez, David Bacon, Lisa Luinenburg, Cristobal Cavazos, John Steinbach, Daniela Ortiz-Bahamonde, George Shriver, Jason McGahan, and Domingo Gonzales.

Although the political climate seems uncertain, we are proposing a different approach to discussing Comprehensive Immigration Reform. We need to generate a national debate based on immigration as a labor mobility and human rights issue, not as an issue of national security and enforcement. Immigrants have made vast contributions to the U.S., and they should be granted the right to live here legally and without fear. We should recognize migration as the global phenomenon it is and address the root economic causes of migration.

The principles guiding the national debate around immigration reform should consist of:

1. Build bridges between the peoples of the U.S. and Mexico instead of walls that segregate them and turn them into competitors in a struggle for survival. Take immediate action to stop the deaths along the border and end border militarization.

2. Analyze the effects of free trade agreements like NAFTA on the economies of “sender” countries. End all economic and foreign policies that leave people in “sender” countries with no choice but to migrate in order to support their families.

Unity position: Immigration reform

UNITY BLUEPRINT FOR IMMIGRATION REFORM


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MAPA and the Hermandad Mexicana Latinoamericana present the document below - Unity Blueprint for Immigration Reform - as the culmination of months of consensus-building between literally hundreds of organizations, their allies, affiliates, and friends for the purpose of presenting the story and legislative proposals of the immigrant communities in favor of federal immigration reform. The organizations have worked very hard to reach consensus on the most difficult issues, and this is our legislative program. We present this to the U.S. Congress and we will use this to organize our communities, build broader consensus across communities, and continue building the immigrants' rights movement throughout our country. Where disagreements continue to exist between our organizations, we will continue to press for unity, maintain a constructive dialogue, and deepen our consultation with our own immigrant communities.

To: Members of the United States Congress
The Unity Blueprint for Immigration Reform provides specific legislative proposals for rational and humane transformation of the current immigration policy disaster in the United States. These proposals were developed in several meetings in California, Arizona, and Texas, with over 150 organizations participating in discussions leading to the Unity Blueprint proposals. While organizations may vary widely on the strategies they adopt to bring about immigration reform, the Unity Blueprint provides positions of unity on the substance of immigration reform.

As stated in the Preamble to the Unity Blueprint, the United States urgently requires a workable, just, and fair immigration system that addresses the interests of the nation and the millions of immigrants who give their labor, talents, and investments to it without the benefit of protections and rights extended to its citizenry. We believe that the Unity Blueprint proposals are both in the national interest and in the interest of its immigrant communities. The Blueprint is built upon the unity of interests between the nation and its immigrant workers and communities.

The following is a summary of the essential provisions of the Unity Blueprint

1. Protect the well-being and safety of immigrant and U.S. citizen children. Amend the Immigration and Nationality Act (INA) to permit the parents of U.S. citizens to petition through their US citizen children under 21 years of age, avoiding the deportation of the parents of US citizen children and allowing such children equal opportunities with other citizen children. Support enactment of the DREAM Act. Support enactment of the Child Citizen Protection Act. Amend the INA to require that apprehended immigrant children are informed about rights they possess to legalize their status under existing laws enacted by Congress and are afforded the assistance of counsel.

2. Achieve faithful enforcement of immigration laws by reinstating the jurisdiction of the federal courts to review agency decisions involving immigrants. Repeal provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and the 2005 Real ID Act that strip the courts of their historic role to ensure that the Executive faithfully implements the laws of Congress.

3. Achieve maximum protection of the labor rights and working conditions of U.S. and immigrant workers. Repeal current Employer Sanctions laws that are ineffective in stopping the hiring of undocumented migrants but cause widespread discrimination against citizens and are used to further threaten and exploit undocumented workers. Bring antidiscrimination protections in the INA into line with those in other civil rights laws. Ensure that immigration enforcement complements rather than undermines the enforcement of labor and employment laws. Review international trade agreements that contribute to undocumented migration. Prohibit States from considering immigration status in determining worker benefits. Increase budgets for the Wage and Hour Division of the Department of Labor and the Occupational Safety and Health Administration.

4. Achieve maximum reduction in the size of the undocumented population. Enact a single-tier and truly comprehensive legalization program offered to all undocumented persons who have not committed serious crimes so as to make them a danger to their communitites. Provide an expedited legalization program for long-time resident Central American and other refugees previously granted some form of temporary status.

5. Achieve a realistic legal framework for future migration. Restructure the immigration quota system to better match the known family and employment-based demand. Ensure that the issuance of permanent and temporary employment- based visas are determined by labor needs based upon reliable economic indicators, rather than an employer-driven system that is easily gamed. Temporary worker programs should not be expanded and must be reformed to provide full labor rights and the ability to seek resident status after three years. Repeal the 3 and 10-year and permanent bars that prevent immigrants from legalizing their status. Restore the ability of immigrants to legalize status in the U.S. despite overstaying visas or entering without inspection.

6. Achieve rational and humane operational control of the borders. Require that migrants apprehended entering the country be informed of rights extended to them by Congress before they are deported (rights available to victims of trafficking and violent crimes, and abused and abandoned unaccompanied juveniles). Prohibit the use of U.S. military forces for border enforcement. Make enforcement of laws to prevent vigilantism a priority and monitor vigilante activity. Decriminalize humanitarian assistance to migrants injured while attempting to enter the country. Make border enforcement solely a federal function. Repeal the Secure Fence Act of 2006 in its entirety. Prohibit Border Patrol high speed chases and use of deadly force except when required to protect life or serious injury. Repeal recently enacted laws that permit “expedited removal” of certain migrants apprehended within 100 miles of the border. Enact legislation permitting border crossing by indigenous people. Set up an Independent Commission to provide accountability, consultation, and monitoring of federal border policies and practices.

7. Achieve rational and humane interior enforcement and related policies relating to the presence of immigrant communities. Enact legislation prohibiting mass non-individualized detentions of citizens and immigrants at work sites and elsewhere. Repeal the recent law that bars States from issuing drivers licenses to undocumented immigrant drivers. Grant suspension of deportation or registry to immigrants of good moral character with five years continuous residence. Repeal recent laws that prevent release on bond for apprehended migrants who are not a flight risk or risk to the community. Enact legislation making removal proceedings open to the public. Enact legislation making technical violations of registration requirements punishable by civil penalties. Require accuracy in the National Crime Information Center database. Enact legislation to amend the definition of an “aggravated felony” in the INA (now includes misdemeanors and non- aggravated crimes). Enact legislation to prohibit the retroactive application of immigration laws. Enact laws to grant immigrants full access to financial institutions.

Long-range immigration policy must also address the underlying root causes that drive migration to the United States, including massive inequality in wealth distribution, economic dislocation in major sending communities, and free trade agreements that have caused workers to loose their jobs in migrant sending communities. No rational policy can ignore these realities.

The Unity Blueprint of legislative proposals is intended to guide legislators, advocates, and the public on the framework of a rational and humane immigration policy that protects and promotes the interests of children, U.S. workers, immigrant workers, sending communities from which immigrants come, and the communities in which they live and work in the United States.

[If you support the framework of the Unity Blueprint and would like to co-sign this letter, or have comments, please email Pablo Alvarado apabloalvarado@aol.com, Dolores Huerta ahuerta@doloreshuerta.org, Rosa Rosales presidentrosales@lulac.org, Angela Sanbrano angela.san1@verizon.net, and Peter Schey pschey@centerforhumanrights.org]

Pablo Alvarado
National Coordinator, National Day Laborers Organizing Network

Maria Elena Durazo
Executive Secretary- Treasurer, Los Angeles County Federation of Labor, AFL-CIO

Father Richard Estrada
Our Lady Queen of Angels, Los Angeles

Antonio Gonzalez
President, William C. Velasquez Institute

Dolores Huerta
President, Dolores Huerta Foundation & Co-Founder of the United Farmworkers Union

Victor Narro
Project Director, UCLA Downtown Labor Center

Rosa Rosales
National President, League of United Latin American Citizens

Angelica Salas
Executive Director, Coalition for Humane Immigrants Rights of Los Angeles, and

Angela Sanbrano
Executive Director, Central American Resource Center (Los Angeles) and President of the National Alliance of Latin American and Caribbean Communities

Peter Schey
President & Ex. Director, Center for Human Rights and Constitutional Law (CHRCL).


INTRODUCTION