Feinstein re-introduces AgJOBS bill

Issue Date: May 20, 2009

By Christine Souza
Assistant Editor

Crops like bell peppers (proudly displayed here by farm employee Rodolfo Ramirez of San Luis Obispo County) depend on a reliable workforce, something that Sen. Feinstein's newly introduced AgJOBS legislation addresses.

With Congress and the president interested in addressing immigration reform, farmers in California and across the nation now have a shot at getting guestworker legislation in place that will secure a legal workforce, reform the H-2A program and offer a pathway to citizenship for farm employees.

Last week, Sen. Dianne Feinstein, D-Calif., re-introduced the Agricultural Job Opportunity, Benefits and Security Act. (S. 1038), intended to aid the nation's farmers in securing a legal workforce. Reps. Howard Berman, D-Los Angeles, and Adam Putnam, R-Fla., introduced companion legislation H.R.2414 in the U.S. House of Representatives.

California Farm Bureau Federation President Doug Mosebar complimented Feinstein for her continuous efforts with AgJOBS and encouraged others to support this bill that would help agriculture.

"We've supported immigration reform for years and even though growers are not suffering labor shortages now, we know that as soon as the economy improves we will be back with the same kind of problems we had before," Mosebar said. "AgJOBS is important to our nation's economy."

During her statement on the Senate floor last week, Feinstein made it clear that workers for agriculture translates into associated jobs, as well as a strong economy.

"When farmers suffer, there is a ripple effect felt throughout the economy; in farm equipment manufacturing, packaging, processing, transportation, marketing, lending and insurance. Jobs are being lost and our economy is going to decline further as a result," Feinstein said. She further added, "the central issue here is not immigration. It is about protecting and preserving the American economy. We in Congress should be doing everything possible to prevent U.S. farms from shutting down."

CFBF Labor Advisory Committee Chair Jim Reitkerk, who runs a nursery in San Bernardino County, said he is hopeful that AgJOBS will become law.

"We are completely excited and are hopeful that AgJOBS gets through Congress this time. We've tried repeatedly and we are going to keep trying until we do succeed," Reitkerk said. "When you are in business and planting tree crops that are good for 25 years, we can't just be looking at the labor situation today. We need to be planning for the future."

Essentially the same legislation that passed the U.S. Senate in 2006, AgJOBS 2009 restructures and reforms the current H-2A temporary agricultural worker program. The bill would streamline the H-2A program's administrative procedures, eliminate the cumbersome labor certification process, reform wage and labor protections, allow certain agricultural occupations not currently eligible for the program and allow workers not currently eligible to participate in the program to acquire H-2A status.

AgJOBS also allows agricultural employers to retain a legal and experienced workforce while they anticipate and prepare for future participation in the revised H-2A program.

This new legislation is supported by both employees and growers. Well over 200 national and state agricultural organizations have signed on in support, including CFBF, Western Growers, Nisei Farmers League, California Grape and Tree Fruit League and the National Council of Agricultural Employers.

Craig Regelbrugge, co-chair of the Agricultural Coalition for Immigration Reform and vice president of government relations for the American Nursery and Landscape Association, praised the efforts by the longtime supporters of AgJOBS and said agriculture is ready to make it happen this time.

"The remarkable thing for folks to understand is that the agreement—the coming together of interests that fight more than we work together—and the sustaining of that agreement into four Congresses is in and of itself almost miraculous," Regelbrugge said. "We are in a better position in a very difficult debate than any other sector of the economy or interest group. We're the only ones that have a bipartisan deal that attracts the support of everyone. This was about planting our flag, securing our position in the debate. We need to slowly and steadily build awareness and support for our piece, while the larger discussion and debate develops around us."

AgJOBS was part of a comprehensive package that failed in 2007, after the U.S. Senate was unable to reach a compromise to reform the nation's immigration laws.

"In 2007, the Senate effort on comprehensive immigration reform was too rushed, too big, too complicated and too controversial even among pro-immigration forces. People were absolutely torn apart over some aspects of that bill," Regelbrugge said. "We've always had a more popular measure, but we got pulled into a sinking ship in that sense."

San Diego County tomato grower Luawanna Hallstrom, ACIR co-chair and western vice-president of NCAE, is quick to point out that AgJOBS was not the reason for the downfall of comprehensive immigration reform under the Bush administration.

"If AgJOBS was not a good bill, it would have gone down in flames a long time ago," she said. "It is the first thing that this administration looks to and says, 'we don't even have to discuss that; it has got everything we need. So we don't have to debate agriculture anymore.'"

President Obama has promised to take on immigration reform during his first year in office, and Regelbrugge said agriculture is prepared to be flexible.

"If the game is comprehensive, we're willing to ride along with something. If comprehensive isn't viable, there needs to be an opportunity to move as part of a smaller package," he said. "We are going to have to be respectful and constructive and just steadily build support for our bill and be ready for whatever scenarios develop. We can proceed in any configuration that happens."

Hallstrom, who has been working behind the scenes on the AgJOBS bill, said Obama is planning to begin the debate on immigration reform in the late fall.

"The fact is the Obama administration thinks AgJOBS is a winner, period," Hallstrom said. "A comprehensive bill may not be able to come through in a timely enough fashion and that might enable some of these smaller pieces to come through. All we can say is we remain ready and poised for that opportunity."

(Christine Souza is an assistant editor of Ag Alert. She may be contacted at csouza@cfbf.com.)

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