AMERICAN BAR ASSOCIATION APPROVES FARMWORKER RESOLUTION

At its annual convention last month, the American Bar Association House of Delegates adopted a position paper on farmworkers proposed by the ABA Coordinating Committee on Immigration Law. The primary thrust of the resolution is its opposition to the expansion of the H-2A nonimmigrant visa category for temporary agricultural workers and a call to legalize the many farmworkers who are currently here and working without authorization.

According to the ABA report accompanying the resolution, despite the passage of the Immigration Reform and Control Act in 1986, which was to legalize the status of tens of thousands of agricultural workers and create a visa for temporary agricultural workers, little has changed for farmworkers. Although the INS approves 99% of all H-2A applications, growers complain the process is too restrictive, citing the strong economy the nation is currently enjoying. Legislation to expand the H-2A program and to weaken its requirements has been proposed many times over recent years.

The ABA resolution counters the demands of growers with facts about the agricultural industry. Although the economy is booming and many sectors are experiencing labor shortages, this is not the case in agriculture. Unemployment rates in farming intensive counties are consistently at least twice the national average. Wages of farmworkers have not risen, indeed, in most cases the real wage for agricultural workers has declined in recent years – most industries that experience a labor shortage raise wages to attract new workers.

Expansion of the current farmworker status is opposed by the American Bar Association because those in the U.S. in H-2A status, and even more those who are working without authorization, are often the subject of exploitation. Working conditions are extremely dangerous, minimum wage laws are seldom followed, and it is almost impossible for workers to organize. Moreover, studies suggest that programs such as this end up increasing illegal immigration by creating networks that last even after the program ends.

The ABA suggests giving those currently working in U.S. agriculture the opportunity to regularize their immigration status. First workers would be given conditional resident status, and then, if they abided by the terms of that status and agreed to work a certain number of days in agriculture for a certain number of years, they would be allowed to apply for lawful permanent residence. In this way there would be the necessary experienced labor force, and regularizing the workers will both remove a large underground economy, as well as allow the workers to feel they will be protected by U.S. labor laws.

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