Immigration reform gets more scrutiny

Issue Date: December 21, 2005

By Kate Campbell
Assistant Editor

As the number of bills aimed at reforming the nation's immigration system and improving border security mount, farm labor experts say it's about time this important issue was fully addressed by Congress. But, California farmers and ranchers see the issue growing ever more complex and convoluted, adding to worries there won't be an adequate workforce for the upcoming growing season.

Farmers currently are short-handed in the Imperial Valley where most of the nation's winter vegetables are produced. Experts estimate that nearly a half million workers are needed in California for agricultural production at various times during the year.

"The fact that so many bills have been proposed shows there are a lot of different viewpoints and different ways our representatives think the problems with immigration can be solved," said Doug Mosebar, president of the California Farm Bureau Federation.

"All the approaches need to coalesce and come down to a common theme before any progress will be made in reforming the system."

Mosebar was in Washington, D.C., last week meeting with state Farm Bureau presidents in preparation for the upcoming American Farm Bureau Federation annual meeting in January. He said there's a great deal of discussion in the capital about immigration reform, but so far little meaningful progress toward a comprehensive bill.

"There's a lot of emotion attached to this subject," Mosebar said. "I don't think these issues will be solved until the emotions and fears settle down so that we can achieve pragmatic solutions. In agriculture we don't tend to have the same kinds of fears as the general public about immigration, and at the same time, because of the immediacy of our workforce needs, we don't have the same level of patience with the situation, either.

"We're facing a labor shortage right now in our winter growing areas," he said. "There's a real flurry of activity at the border and unfortunately people who would normally cross legally tend not to want to do that because they're fearful of the security and of maintaining their own safety. One thing is certain, a shortage of workers crossing the border has a domino effect that creates labor shortages right up the state."

Most farm labor experts agree that immigration reform now is on the front burner of Congress's legislative agenda, as evidenced by the flurry of activity during the past several weeks, said Sharon Hughes, National Council of Agricultural Employers executive vice president.

Adding to the mix of pending federal legislation, is the new Border Protection, Antiterrorism and Illegal Immigration Control Act of 2004, House of Representatives Bill 4437. The draconian bill is being called a "purely enforcement measure." Sponsored by House Judiciary Committee Chairman James Sensenbrenner, R-Wis., and co-sponsored by four California Republican congressmen, the measure was approved last weekend by the full House.

Among the many onerous provisions are things like the requirement that all 147 million U.S. workers obtain work verification cards. Employers who fail to verify a worker's legal status would face fines of up to $25,000 for each person hired.

It also would require mandatory imprisonment of illegal immigrants that are caught at the border and authorize local sheriffs within 100 miles of the border to enforce immigration laws and eliminate judicial review of visa revocation.

The American Farm Bureau wrote to members of Congress last week to express farmers' serious reservations with H.R. 4437, saying that, as currently is crafted, the legislation puts at risk at least $6 billion in U.S. agricultural production.

"Farm Bureau supports efforts to tighten America's borders and to ensure that those who work here are legally entitled to do so," said AFBF President Bob Stallman.

"These matters deserve attention, and we have worked, and will continue to work, with all members of Congress as they craft such provisions. But, any such provisions--whether they relate to the "Basic Pilot" program or to other proposals, such as a tamper-proof Social Security card--must be practical and effective.

"Equally important, however, is the issue of addressing farmers' and ranchers' needs for an adequate legal workforce. To fail to do so, as H.R. 4437 does, unnecessarily jeopardizes the economic livelihood of a significant sector of our economy. While America needs stricter border security and tougher enforcement of our laws, it's equally critical that we have a viable, workable guest worker program for U.S. agriculture."

Although difficult to substantiate, estimates put the number of persons in the United States illegally at about 11 million, with more than a quarter of them living in California. Depending on the time of year, California farmers need nearly a half million workers to successfully grow and harvest about $32 billion in crops.

With the projected slowdown in growth of the native workforce as the Baby-Boom generation reaches retirement age, a new report from the Congressional Budget Office on the U.S. labor market points out that immigrants are likely to hold an even greater share of jobs in the future. In 2004, almost 40 percent of foreign-born workers were from Mexico and Central America, another 25 percent were from Asia, with the rest coming from other areas.

Only about 4 percent of documented immigrant workers from Mexico and Central America work in agriculture, the report said. About 18 percent work in construction, 9 percent in restaurants, 5 percent in landscaping and 4 percent in food manufacturing.

The Bush administration has developed a three-part strategy that the president says would enhance homeland security through comprehensive immigration reform. Part one of the plan is to return every illegal immigrant caught crossing the Southwest border, with no exceptions. Second, the administration would work with Congress to reform immigration laws.

Finally, the federal government would stop people from crossing the border illegally by increasing manpower at the border, deploying new technology and constructing physical barriers to entry. Part of the president's plan also involves working with Congress to create a guestworker program.

"The immigration debate now playing out in Washington reflects deep philosophical differences and a test of political wills," said Jack King, CFBF National Affairs manager. "Legislation is split between those who feel every undocumented worker should be sent packing to those who say our country vitally depends on foreign workers to do jobs that others refuse to do and that these workers should be integrated into the U.S. workforce through a workable guest worker program."

California agricultural leaders continue to point out that legislation moving through various congressional committees must include a viable guestworker program if severe crop losses are to be avoided by family farmers.

"The labor shortages are intensifying and will get worse as we approach the peak of the harvest season," said Oceanside tomato grower Luawanna Hallstrom, who chairs CFBF's Labor Advisory Committee. "Right now they're working with shorter crews, but as the crops mature those smaller crews will have trouble keeping up and some fields will have to be let go.

"Our request for emergency workers through the H2a program for the winter vegetable crop has been held up at the U.S. Department of Labor and growers are still waiting to hear from the government," said Hallstrom. "It's anybody's guess what the losses will be in the desert growing areas."

Hallstrom said the good news that seems to be emerging from Congress is an increased understanding that there needs to be comprehensive immigration reform.

"If the inevitable debate of the Sensenbrenner bill, and the other immigration reform measures, underscores the reality that a comprehensive reform package is needed then that's a benefit. If we had to get to this point to make that issue clear, then so be it."

(Kate Campbell is a reporter for Ag Alert. She may be contacted at kcampbell@cfbf.com.)

Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item. Top