What the Heck is Going On?
F. Brandon Mallory
Many farm businesses are asking this question! Most of us realize that the current economic predicament is cyclical. This is neither the first nor the last time we will face plummeting milk prices coupled with increased input costs. The pendulum will swing back the other way. One headline this morning read: “Dow Jones decline rate mimics Great Depression.” With panic spurred by such headlines, how do farm employers remain positive and maintain employee morale?
APS has some answers. Part of our strategy is to encourage our clients to better utilize our human resources management expertise to cut costs and increase revenues on their farms. Since we realize most farms’ greatest expense is labor, APS is uniquely positioned to assist farms in managing human resource issues that affect the bottom line. Many farms have had heart-to heart-meetings with personnel to explain details of the current economic situation. They discuss as a team how they can cut costs, increase productivity and maintain steady employment, at times with necessary adjustments, such as working fewer hours or paying less per hour.
At times such as these, significant financial belt tightening may be necessary. The work APS does with your employees may or may not completely turn around your operation, but we have made a significant difference on several farms. Talk with Peter, Aaron, Ivan or Eduardo about their suggestions for using our services to help your bottom line. We are sure we can make a difference.
The Future of H-2A and Dairy Farms
In recent years there have been many legislative proposals to modify the H-2A program - the only legal agricultural guest-worker program - and make it simpler to use. The most significant is Title II of the current AgJOBS bill that includes dairy farms in the H-2A provision for the first time (see related article). If the bill were passed into law this would be a significant benefit to dairy farmers, providing some currently unauthorized workers with temporary visas permitting them to continue their work in the dairy industry and creating an optional, though not guaranteed, path to U.S. residency.
The change would also allow dairy employers to hire immigrants under the H-2A program. This is critical because farms will always need a means to import workers when demographics change, workers age, or interest in doing farm work diminishes, as it has continually done in recent years.
Since the H-2A program has a longstanding history, future immigration reform proposals for agriculture are very likely to include a revised and updated version of H-2A rather than eliminate the program altogether. This could come in the form of a bill to simply revise the current program as some legislative proposals have done in the past. A revised program could also come in a more comprehensive bill for agriculture (like AgJOBS) or as part of comprehensive reform.
The changes in Washington D.C. bring with them renewed hope for AgJOBS. This proposal is set for re-introduction in Congress in March and contains the same major components as it did in 2007 when it came before Congress.
For dairy producers, AgJOBS would mean a direct pathway for unauthorized workers to gain legal status in the United States while they remain working in agriculture.
First some background. AgJOBS has been around for nearly 15 years and continues to have bipartisan support. This bill builds upon years of discussion from a broad spectrum of interests. The legislation intends to provide a more stable, secure, safe, and legal American agricultural workforce and food supply. AgJOBS is a practical and achievable approach to resolve the failing farm guest worker program under which the US currently operates.
What follows is an interview with Craig Regelbrugge, who co-chairs the Agricultural Coalition for Immigration Reform (ACIR), an organization that APS and many client farms contributed to in 2007.
It sounds as though the AgJOBS legislation is back. Where does the bill stand now? What are its prospects for 2009?
We expect AgJOBS to be reintroduced within the next couple of weeks (March). We are wrapping up conversations with the farmworker advocates and Capitol Hill champions regarding a few very limited modifications. While the prospects for immigration are always tough to predict, agriculture is in a unique place for several reasons. First and foremost, because of the bipartisan agreement, nowhere else in the debate does such a unique alliance exist, with an agreed-to legislative product. Congressional and administration sources have indicated their desire to take up immigration later this year, and AgJOBS could be moved as either as the agricultural component of a larger bill, or in a smaller package, or even as a free-standing bill.
What implications does AgJOBS have for unauthorized workers currently on dairy farms? Would AgJOBS require them to return home in order to achieve legal status?
Dairy workers who have worked at least 150 days in agriculture during the 24-month period ending Dec. 31, 2008, would be allowed to come forward, register, undergo a background check, pay a fine, and would receive a “Blue Card” temporary resident status. They would eventually earn the right to apply for “Green Card” status if they meet all the conditions.
Once AgJOBS is passed, the employer or employee can immediately file a provisional application, even before the program’s regulations are written. Filing protects a worker from being deported, which is key.
What can our dairy farmers do to help push this legislation along? Are there key Senators or Congressmen who could benefit from some home-grown lobbying?
In New York, Sen. Schumer is in a key position to help. He chairs the Senate Judiciary Subcommittee on Immigration. He is a supporter on this, but it’s good to hear how important it is. Sen. Gillibrand should be able to support this bill, but needs to hear from constituents how important it is. In nearby states, Sens. Specter (PA), Gregg (NH), Snowe and Collins (ME) are all key. Educating all the new Representatives from New York is hugely important. We will not get this done without a huge fight, and it’s a shared responsibility.
Through its membership in and support of ACIR, APS will continue to follow AgJOBS in Congress. We will post regular updates in a special section on our website: www.agri-placement.com. Moreover, the APS staff itself will be prepare for passage of the bill so that all APS farms and workers will be able to hit the ground running if the measure passes.
There are a few enforcement related issues APS has continued to watch: Social Security “No-Match”, E-Verify and Worksite Enforcement. As detailed in the previous APS newsletter, the status of the Social Security No-Match Rule was on hold while being challenged in court. Since then, the rule has remained on hold while being reworked by the federal government to address concerns raised in the court challenge. The no-match rule challenge is expected to be resolved this spring with few substantive changes for certain employers, such as dairy farms.
Beginning in August 2007, the Dept. of Homeland Security attempted to implement new rules for dealing with employee Social Security number mismatches. Under the proposed so-called “No-Match” rules, the employee must reconcile work authorization documents to the employer within 90 days of the employer receiving a letter verifying the employee’s name and Social Security number mismatch. If the employee fails to resolve the conflict, the employer must terminate the employee or face stiff fines. If no clerical or other error was made, the Dept. of Homeland Security will assume the employer knowingly hired someone unauthorized to work in the US. There are, of course, many more details to the rule, but the basic steps for dealing with a no-match letter are as follows:
While it remains possible that the rule will remain tied up in court for the foreseeable future, most immigration law experts expect it to be resolved this spring resulting in the issuance of no-match letters in the next few months. Employers should be prepared. APS staff will be ready to assist all clients with the details of the rule, taking all steps in compliance – including verifying paperwork with a worker’s documents - and the consequences of it on affected farms and employees.
In addition, E-verify rules are also being scrutinized (see related article below):
E-Verify is an internet-based system operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. This program is currently voluntary for all, except federal contractors and grievous violators of immigration law, but will become mandatory in any immigration reform package that becomes law.
The E-Verify rules are currently under review by the Obama administration. Time will determine if this becomes a concern for mainstream farm employers.
Homeland Security Secretary Janet Napolitan, a former governor of the border state of Arizona, was on the front line of the immigration debate, and, while governor, signed the toughest law in the nation against employers who knowingly hire illegal immigrants. She was recently asked how she would change federal immigration policy. Ms. Napolitano stated, “First of all, the rule of law applies on the border, and we want to make sure that that happens, No. 1. That means manpower. That means technology — things like ground sensors. It means interior enforcement against those who intentionally are going into the illegal labor market and creating a demand for illegal laborers, so that's all going to continue. How we do that may change with me as a new Secretary, but we want to make sure the rule of law is applied, and it's applied fairly and forcefully across the border. And then we'll look for ways to, through our administrative process, facilitate the applications of citizenship for those who are entitled to become citizens.”
This sounds like enforcement first and AgJOBS second, even though as governor of Arizona she was a central supporter of AgJOBS. We encourage you to continue to work with your APS representative to minimize exposure to worksite enforcement.
Lessons Learned in LEAD New York
By: Aaron TeCroney
Over the past 1 ½ years I have been blessed with the opportunity to participate in LEAD NY. It is a two-year leadership program devoted to agriculture and food system development. Through this program, new generations of leaders are encouraged to direct positive change in their communities’ industries. About once a month, sessions were held in different locations throughout NYS and further. Benefits of the program included networking relationships and developing friendships with classmates, speakers and alumni statewide and beyond. I was honored to be included in this program and have received a tremendous amount of experience and knowledge, both personally and professionally.
The main goals of LEAD NY are to teach management and leadership skills and to show relevance and function of agriculture in the political and economic climate at state, national and global levels. Our tours taught many leadership lessons coupled with unforgettable experiences. At Oswegatchie, the State FFA camp, thirty strangers were amazed at how fast individuals become a group with appropriate exercises demonstrating the importance of a solid team. In Batavia, we discussed technology and saw the Barilla pasta factory, one of two in the U.S., where the grandchildren took chances by emigrating from Italy, building a factory and filling market demand with a new, high quality product. Owego introduced local politics as well as the interesting question, “Is lumber agriculture?” Albany provided us with a chance to shadow Assemblymen shedding light on State level politics. In New York City, we tasted the city culture as well as saw the NYC food system. We were in Washington D.C. during unprecedented time when the first federal bailout plan was publicly announced.
For a week in February, the opportunity to travel and study in Spain was the capstone event of LEAD. Since only a few of us spoke Spanish, we learned firsthand the importance of communicating and functioning outside our “comfort zones.” Highlights were tours of dairy farms, vegetable production operations, wineries, embassies, clementine groves, shipping ports, beef feedlots, and olive oil and yogurt factories. Also, cultural opportunities abounded during our explorations in Madrid, Barcelona, and several smaller towns during our free time. Given everything we learned and took from Spain, it is important to remember what we left behind as well. We believe we were fine, U.S. ambassadors to the Spanish citizens.
We live in an ever-increasing technological world that expects a “faster-faster, keep-up and stay-connected” mentality. My LEAD experiences have the common thread of agriculture running through every one. No technological advance can replace the shared, human emotion that arises from similar experiences, hardships and blessings linked by agriculture—no matter the race or nationality. Nothing is better than conversing face to face, seeing the eyes gleaming, sensing the pride, and making the journey. Much effort is required, but the rewards are immeasurable.
I-9 Form Changes Set for April 3
All employers in the US, including farms, will have to use a new I-9 form beginning April 3 for all new hires. The new form looks the same as the last version from 2007, but includes some changes in required documents to complete the form. The major changes reflected in the new I-9 form are: Expired documents are no longer acceptable (previously, expired U.S. passports were valid ID); and “Temporary Resident Cards” and “Employment Authorization Cards” are also no long valid. The changes are for new hires only and do not affect the workers currently employed on the farm. APS representatives will continue to ensure that all employees placed by APS present appropriate documentation to complete the new I-9 form.
Web Resources:
Here are some interesting news pieces that have come to our attention in the past month concerning immigration reform and the agricultural economy:
http://www.npr.org/templates/story/story.php?storyId=100690879 This is a brief interview with Janet Napolitano, the new Homeland Security chief. The former governor of Arizona, she talks about border security and sanctions against employers who knowingly hire illegal aliens.
http://www.latimes.com/business/la-fi-farm10-2009feb10,0,305607.story This article from the Los Angeles Times looks at the big change in availability of workers in the U.S. for the agricultural harvests in California as other traditional employment for immigrant labor – construction, restaurants, etc. – have declined.
http://nrd.nationalreview.com/article/?q=NjQ3ODE5OTZkOTVkYmM0ZWNkZDhmZWNkNWQ5MWQwYTE This article from the right-leaning National Review argues that battling against illegal aliens and immigration reform is hurting the conservative movement and that a different approach would be better.
http://imagine2050.newcomm.org/2009/02/18/don%e2%80%99t-bash-immigrants-with-your-mouth-full/ This opinion piece from a left-leaning organization has some pertinent arguments about the value of immigrant labor to the food supply in the U.S.
http://www.pats.wisc.edu/final%20dairy%20labor%20briefings.htm This easy-to-read study from the University of Wisconsin offers a comprehensive look at the use of immigrant labor in this dairy state. The picture is quite a bit different than what is typically found in the Northeast (for example most workers have their families with them)
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