Congress Fails on Agricultural Workers
December 15, 2017
A Failing Congress
Editor's Note: This letter was submitted by Manuel Cunha Jr. He is President of the Fresno-based Nisei Farmers League.
Every day, thousands of people wake up before the sun rises, pack their lunches, and drive or carpool their way to work. Some toil underneath the hot sun, while others are inside feverishly packing perishable items to make sure they make their cross country or ocean voyage in time. Six days a week they repeat this routine and how are they rewarded? With the fear that they will not be able to continue this routine.
These are OUR agricultural workers. Who provide us with the safest food that we, our representatives in Washington D.C., and officials in the White House buy at our stores, farmer’s markets, and restaurants.
These workers have children, many born in the U.S., that they must figure out who is going to take them to and from school, practice for sports and other activities, or who is going to care for their child while they’re at work. The same thing that any U.S. citizen parent must figure out.
They pay taxes and Social Security deductions, the latter which they will receive no benefit from.
They are the backbone of an industry where, in California alone, farmers sold almost $50 billion worth of food in 2013. Yet, between 2002 and 2014, the number of field and crop workers in the state declined by about 85,000, leading to a drop in the number of entry-level workers available for difficult jobs like hoeing, harvesting, and planting. While technology is often touted as a cure for every economic ailment, when it comes to delivering California’s crops to the nation’s kitchen tables, there is no app for that. Instead, we need skilled farmworkers, along with smart land and water use, to maintain our agriculture rich history.
On October 2, 2017, Congressman Goodlatte introduced H.R. 4092, it provides a pathway for our undocumented agricultural workers to obtain an agricultural work visa (H-2C visa). It also provides for a system, instead of our broken H-2A program, to bring in more agricultural workers into the U.S. to make up for our shortfall. By October 25, 2017, the bill had been amended to the detriment of our current agricultural workers. There are many flaws with the legislation, especially the deduction of 10% from these worker’s wages which was to be put in a trust account. The purpose of this is to provide “a monetary incentive for H-2C workers to return to their country of origin upon expiration of their visas.” To receive the money that they already earned, they must apply and establish that they have complied with the terms and conditions of the H-2C program. They then have return to their home country to obtain the payment.
Did we not learn anything from the Bracero Program, implemented between 1942 to 1964, that also withheld 10% of the worker’s wages as an incentive to return to Mexico? They never received those wages, and the workers of the proposed legislation may have received the same fate.
The inability by Congress to provide legislation for our undocumented agricultural workers living in the U.S. and a workable guest worker program has led to more members in my industry clamoring for more H-2A workers. This is a betrayal to the hardworking men and women who work for them.
Some have been living and working here for over 25 years, hoping that Congress passes legislation similar to the Immigration Reform and Control Act of 1986 - the last time Congress passed meaningful immigration legislation for our undocumented agricultural workers. Instead of meaningful legislation, some want to give them pink slips. These are skilled, hardworking people that are vital members of our communities and some want to toss them aside. What will become of them, their children, our communities?
Not only has Congress failed to protect our undocumented agricultural workers, but they seek to punish them. Congressman Lamar Smith recently introduced H.R. 3711. The bill would make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, more commonly known as E-Verify. It is a federal program that allows businesses to check a new employee’s immigration status within a matter of seconds. It will replace the current system, where the new employee fills out Form I-9 and present documents that they are eligible to work along with an identity document. The employer must take the documents at face value.
This would decimate our agricultural workforce, along with the hospitality industry, and in California, the building industry. It won’t just effect businesses, but more importantly, it will hurt families. Families that go to our schools and churches.
It is time for Congress and for all the members in my industry to get behind some of the hardest working members in our society and provide them with legal status. These are the people who make America great!
Manuel Cunha, Jr., President, Nisei Farmers League
1775 N. Fine Avenue, Fresno, CA 93727