- grants
permanent residency status only to guestworkers who can document that
they have worked in the U.S. for 150 days during four consecutive
12 month periods;
- avoids
giving collective bargaining rights to farmworkers;
- guestworkers may not spend more than 300 days in the U.S. in one calender year.
Guestworkers from Mexico have been vital to the success of farming in the United States. The U.S. first began recruiting workers from Mexico during World War II to alleviate farmworker shortages caused by the war. Under the Bracero Program, workers were allowed to temporarily enter the U.S. to work, under conditions of virtual indentured servitude. Workers were forced to work long hours, with low pay, and without adequate housing or any means to seek their rights. The U.S. government, who originally brokered for their services, did nothing to protect farmworkers. After the war, farm owners had come to favor and depend upon the cheap labor. Although the Bracero program was ended, new guestworker programs were developed which continue today. These programs have failed to protect workers and have been abused by growers to hold down wages and replace workers in the US with even more vulnerable guestworkers.
In 1986 the U.S. government made an attempt to correct the immigration problems created through the guestworker programs. The Immigration Reform and Control Act of 1986 created the H-2A program with the goal of protecting jobs for farmworkers in the U.S.,while at the same time protecting the interests of migrant workers when they are needed to work in the United States. The H-2A program allows U.S. farm-owners to request guestworkers from Mexico only when they can show that there is a deficit of agricultural workers in their area. The program set wage standards, housing and transportation requirements.
THE JUICY TRUTH
Unfortunately, the H-2A program has not been successful in either of its two major goals. Corporate agriculture has abused the program and fraudulently requested guestworkers, despite an adequate domestic pool of farmworkers, in order to have greater access to cheap labor. In recent years over 90% of H-2A applications have been approved.
In addition, the provisions in the program that are supposed to protect
migrant farmworkers are extremely difficult to enforce. Farm owners
continue to underpay workers, refuse to provide transportation, and
do not provide adequate housing. Government agencies only investigate
operations when they receive complaints. Employers take advantage of
the fact that many migrant farmworkers are not aware of their rights
and do not have the means to make their complaints. As a result, growers
can continue to abuse guestworkers without penalty or repercussion.
This month, two widely different bills have been introduced to address
the issues of the H-2A program. One of these bills would limi the rights
of farmworkers even further. The second seeks to secure the rights that
guestworkers have been denied since WWII.
The Corporate Advocated Bill
Senator Larry Craig (R-ID) introduced the the "Agricultural Job Opportunity Benefits and Security Act of 2001" as a "compromise" for farmworkers and corporate agriculture. Advocacy groups are saying that this bill is far from a compromise and claiming that it undermines the interests of migrant farmworkers. The bill:
The requirements for immigration in this bill are unreasonable and nearly impossible for workers to meet. The path to U.S. citizenship should be through immigration, not through forced labor. In addition, Senator Craig’s bill lessens the already flimsy guarantees migrant workers have with respect to pay and housing conditions. This bill is both hurtful and misguided and is being opposed by every true farmworker advocacy group - including the Rural Coalition.
The Farmworker Advocated Bill
On August 2, 2001, Senator Edward Kennedy (D-MA) with Rep. Howard Berman (D-CA) introduced in both the Senate and House the “H-2A Reform and Agricultural Worker Adjustment Act.” These identical bills have received widespread support from farmworker groups who work for fairness, balance and progress in the treatment of migrant farmworkers and guestworkers. The legislation increases the legal rights of farmworkers and provides a dignified means to obtain permanent residency status. The bill:
- grants
temporary status to workers who can prove they have worked 90 days
in 3 years;
- requires
that employers provide both the farmworkers and the INS with records
proving employment;
- gives
workers with temporary residency status the same rights as permanent
resident aliens to qualify for employment, for travel abroad and utilize
federally funded legal services;
- allows
collective bargaining for farmworkers; and
- gives permanent resident status to spouse and minor children at the same time as farmworkers.
In addition, the Kennedy-Berman bill makes many improvements to the existing H-2A program.
- H-2A
applications by employers will not be approved if there is an ongoing
strike or lockout at the place of employment;
- employers
are obligated to pay the higher of the federal or state minimum wage
rate or an average rate for that position in that area;
- employers are required to provide housing that meets federal or state housing standards or, if not available, offer a housing stipend that covers the cost of such housing.
THE AUGUST SQUEEZE
Support the Rights of Farmworkers
We are asking the Senate to:
- Support
and pass the Kennedy-Berman H-2A Reform and Agricultural Worker Adjustment
Act and put workers rights before corporate interest; and
- Oppose the Agricultural Job Opportunity Benefits and Security Act of 2001 offered by Senator Craig and any similar bill in the House.
What you can do:
- Contact
your Senators and Representative to express your concern about the
rights and dignity of agriculture workers. Urge them to support the
Kennedy-Berman H-2A Reform Bill, as the only bill that protects the
rights and upholds the dignity of agriculture workers;
- Send
an email to actionalert@ruralco.org to receive on going information
on how you can ACT! to support farmworkers and small farmers; and
- Write to Heather Fenney or call (202) 628-7160 to receive materials and talking points to use while visiting your members in their home office through Labor Day!
Be Part of Our Campaign for Food n’ Justice,
visit www.ruralco.org.
Questions on food and farm policy?
Contact Heather Fenney at (202) 628-7160
or email at hfenney@ruralco.org.
To join or support our work:
Rural Coalition/Coalición Rural
1012 14th Street, NW Suite 1100
Washington, DC 20005
(202) 628-7160
Visit www.Ruralco.org or
www.SuperMarketCoop.com.