 LAWMAKERS CONSIDER FARMWORKER AMNESTY PROGRAM
Members of the Senate Subcommittee on Immigration have begun consideration of a farmworker amnesty program to legalize the status of farmworkers already in the US. The Senator perhaps most in favor of such a program is Diane Feinstein (D-CA), who views it as a more logical path to pursue than the creation of another temporary guest-worker program.
Senator Bob Graham (D-FL) is supposedly going to propose legislation that would both provide a route to permanent residence and expand the existing guest worker program. Under this bill, amnesty would be granted to farmworkers who agree to work five consecutive years of at least 180 days in agriculture. At the end of that five-year period, the farmworker would be eligible for legal permanent residence.
Advocates of change say some action is almost certainly needed. The US economy is booming, and the labor market nationwide is as tight as it has been in years. Farmers are experiencing worker shortages not only because of the labor market, but also because of the increased levels of deportations that have been occurring since 1996.
There have been numerous proposals to reinstitute guest-worker programs such as existed between the US and Mexico in the 1950s and 1960s. These proposals have been opposed by the Clinton administration and farmworker advocacy groups. Farmers oppose the idea of legalization however, fearing a repeat of what occurred after the Immigration Reform and Control Act of 1986 was passed. This act legalized thousands of agricultural workers, most of whom then stopped work in the fields when they obtained permanent residence. There is also widespread opposition to the idea of expanding existing guest-worker programs. For example, the American Bar Association, which traditionally takes positions in favor of immigration, opposes expansion of the guest-worker program. The ABA recently issued a position paper in which it set forth the reasons for this opposition. The primary reasons are the lack of oversight of the existing program and the fact that federal labor standards do not apply to agricultural workers, making them one of the most vulnerable segments of the population. The ABA does favor granting legal status to agricultural workers already in the US.
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