Pamela Cruz. Peninsula 360 Press [P360P].
More than one million undocumented farm workers in the country, nearly half a million of whom work and live in California, could gain legal status in the U.S. and eventually become citizens if a bipartisan bill headed to the Senate passes.
Last week, the Agricultural Workforce Modernization Act passed the House of Representatives, where 30 Republicans joined the Democratic caucus in greenlighting the bill that could stabilize the agricultural workforce.
This bill would allow agricultural workers who have lived in the U.S. undocumented to qualify for a green card, thereby legalizing their immigration and residency status.
In addition, the legislation would reform the agricultural guest worker visa program and eventually require all agricultural employers to use E-Verify, an electronic system to verify authorization to work in this country at the time of hiring.
The Republican Party has shown significant support for this bill, unlike the American Dream and Promise Act, which would create a path to citizenship for those undocumented immigrants who were brought to the U.S. as children, where only nine Republicans gave their approval.
California Farm Bureau Federation president Jamie Johansson told KQED that the bill is the first comprehensive agricultural immigration reform bill to come out of the House in more than 30 years.
"We have to make sure it's something that works for our farmers," he told the Bay Area media outlet.
Several Democrats who support the bill have highlighted the importance of farmworkers, including those without legal status, as essential workers in the last year.
As the bill was introduced in the House of Representatives last week, California Democratic Representative Zoe Lofgren recalled that during the pandemic, Americans could still find food at the grocery store, thanks to farmworkers, who often do not have the conditions and benefits necessary for their day-to-day lives.
"And for that, we should thank the farmers of this country, but we should also thank the farmworkers of this country, most of whom are undocumented, most of whom have been here more than 10 years," Lofgren said.
It is not all plain sailing, as there are obstacles for the bill to become a reality, as some Republicans argued that this reform would only encourage more immigrants to come to the US.
"Now we have a law that says just come work on a farm and we'll give you amnesty," said Republican U.S. Rep. Jody Hice of Georgia.
"1.5 million people will become citizens by working a minimum amount of time on farms," he added.
It should be noted that only persons already working in agriculture would qualify for legal status under this bill, whereas, to be eligible for citizenship, they would have to remain in agriculture for several years.
"Making sure people really understand what is part of the bill is the most important part of getting support," said Republican Congressman David Valadao, who represents California's 21st District.
The official told KQED that under the bill, agricultural workers who have worked on U.S. farms for at least six months during the past two years could apply for "Certified Agricultural Worker" status, a 5.5-year work permit that could be extended.
In addition, spouses and children of workers could also obtain legal status, and workers could leave the country to travel home.
Farmworkers who have lived, without authorization in the country for at least 10 years would be eligible for a green card if they continue to work on farms for another four years. While those with less than 10 years of work history would have to devote eight more years to farming to obtain legal status.
For its part, the American Farm Bureau Federation has pointed out that the bill would not allow enough guest workers for year-round jobs, and of the 20,000 H-2A employment visas that could be issued during the first three years, half would be reserved for dairy farms.
Some employer advocates also fear that the required wage for guest workers is too high for farmers to remain competitive.
Meanwhile, some labor groups say the bill doesn't go far enough to protect workers.
