AgJOBS, Much Needed Immigration Reform
Ξ June 2nd, 2009 | → 0 Comments | ∇ A Day at a Time, Wine History, Wine News |
In mid-May Senator Diane Feinstein reintroduced the Agriculture Job Opportunity, Benefits and Security Act, aka, the AgJOBS bill. For those with both an interest in the complexities of immigration reform and long memories may well recall that the first occasion of the bill’s presentation was in 2000. The political climate has not been favorable for the last decade, but it is marginally better now. It is hoped the Obama administration may at last initiate meaningful debate before the end of the year.
A bit of background. I encourage readers to first read an excellent piece from the California Farm Bureau Federation written by the always dependable Christine Souza. Attention must also be paid to what has been written by Farm Worker Justice. Their mission statement:
Farmworker Justice is a nonprofit organization that seeks to empower migrant and seasonal farmworkers to improve their living and working conditions, immigration status, health, occupational safety, and access to justice.
My own interest in this matter is not only the wine industry and the centrality of undocumented farm workers to realize its products, but also to promote the subject for fellow wine bloggers to explore in their own time, that they may find this topic worthy of their inquiry.
This is the first in a series of posts I will be assembling on the progress of the AgJOBS bill, necessarily modest owing to the pending nature of the legislation. I have nevertheless sought to lay the groundwork for a greater understanding of the bill in its current form. I wrote to Senator Diane Feinstein, and two of the 16 Senate co-sponsors, Barbara Boxer, and Charles Schumer, asking them all the same questions concerning certain provisions of the bill. First is Senator Feinstein’s preamble to the bill as currently written:
“Today across the United States, there are not enough agricultural workers to pick, prune, pack or harvest our country’s crops. With an inadequate supply of workers, farmers from Maine to California, and from Washington State to Georgia, have watched their produce rot and their farms lay fallow over the years.
“As a result, billions of dollars are being drained out of our already struggling economy. This legislation would help to ensure a consistent, reliable agriculture work force to ensure that farmers and growers never again lose their crops because of a lack of workers.”
What follows are only the principle elements of the bill about which I asked questions. My questions are in italics.
Undocumented agriculture workers would be eligible for a “blue card” if they can demonstrate having worked in American agriculture for at least 150 work days (or 863 hours) over the previous two years before December 31, 2008.
Would the ‘blue card’ make easier the passage of an agricultural worker to and from their nation of birth?
The blue card would entitle the worker to a temporary legal resident status. The total number of blue cards would be capped at 1.35 million over a five-year period, and the program would sunset after five years.
How was the cap of 1.35 million blue cards over a five year period arrived at?
Employment would be verified through employer issued statements, pay stubs, W-2 forms, employer contracts, time cards, employer sponsored health care or payment of taxes.
With respect to the documentation required for a ‘blue card’, “employer issued statements, pay stubs, W-2 forms, employer contracts, time cards, employer sponsored health care or payment of taxes”, what is an agricultural worker’s recourse should s/he have been hired for many jobs on a cash-only basis?
What is the definition, from above, of an ‘employer issued statement’?
Are employers currently required to keep such documentation? And will the AgJOBS bill require employers to provide said documentation at the ag worker’s request?
Would an ag worker be able to use documentation if s/he were living in the US under a false name and the documentation recorded only such a false name?
I hope to provide an update in a few days.
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