Agricultural Labor Shortages

I remain amused and frustrated over the conversation about labor shortages at the same time that there are millions of people desperate to enter the United States. But is alleviating labor shortages important enough to make white people sad about hearing Spanish? Of course not! And many of the compromise bills to try and make immigration palatable to scared whites are hopeless because they give the workers no rights within various guestworker programs. I mean, really, just let these people in! In any case, there is a new bill before the Senate so we will see:

In hopes of deepening the pool of potential workers for American farms, Senate Republicans and Democrats are working to push through an immigration bill known as the Farm Workforce Modernization Act. 

The bill has been stuck in limbo for more than a year as members of the Senate struggle to reach compromises on provisions in the bill’s language. One major sticking point involves a section that would allow the possibility of employees filing lawsuits against their employers. 

Historically, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)—which enables employees to file lawsuits against their employers when they feel that the employer has violated the law—has excluded seasonal workers that are a part of the H-2A visa program. 

For decades, farmers have relied on the H-2A temporary agricultural workers program, which allows foreign workers to enter the US to work in the agricultural industry. But the program only allots the workers seasonal jobs, up to a 10-month period, before their time runs out. Because of this, ag industries such as dairy or livestock—which require help all year and not just during specific harvesting times—struggle to get the workforce they need. 

Despite the seasonality of the program’s visas, its use has sky-rocketed over the years. AgAmerica reports that, from 1997 to 2014, the number of H-2A visas issued went  to 89,000 from 16,000 issued annually. The prominence of the program has uncovered more issues within it. In order for farmers to hire H-2A workers, they need to submit official requests for employees 60-75 days in advance of when they are needed.

Also, the program has a limit for long-term extensions and requires a three-month waiting period for applicants to reapply for a possible extension. The new measure seeks to amend the inconveniences of the H-2A program by, as one example, allowing farms in need of year-round workers to hire help through the program.

The bill also allows potential legalization of temporary foreign workers who have extensive past experience in farm work. Additionally, the act would allow workers through the program the same right to take legal action against employers that other farm employees have, causing friction for Senate negotiators. Supporters of the bill argue that most farm employers are used to complying with the MSPA for some employees regardless, so adding H-2A workers to the mix shouldn’t be an issue. Skeptics of that section of the measure, such as the American Farm Bureau Federation, worry it may result in senseless lawsuits that would hurt farm operators who already run on tight finances. 

Well, it’s something. We’ll see.