Shutdown worries H-2A users

A partial government shutdown that began Dec. 22 could stretch deep into January and could mean delays and trouble for the H-2A agricultural guest worker program used by produce growers.

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A partial government shutdown that began Dec. 22 could stretch deep into January and could mean delays and trouble for the H-2A agricultural guest worker program used by produce growers.

President Donald Trump has indicated he wants Senate Democrats to agree fund $5 billion of his proposed border wall before he will sign a funding bill.

“We need Border Security, and as EVERYONE knows, you can’t have Border Security without a Wall. The Drones & Technology are just bells and whistles. Safety for America!” Trump tweeted Dec. 23.

Fallout

Market news reports, food safety outbreak response and fruit and vegetable quality inspections continued during the first week of the partial shutdown of the federal government.

The real-world effect could be amplified the longer the shutdown continues, said Kate Woods, vice president of the Northwest Horticultural Council, Yakima, Wash.

Woods said there is some concern about potential delays in processing H-2A guest worker applications.

“One of our concerns with regard to our H-2A program is that Department of State will continue to process visas in (foreign) consulates until they run out of money,” said Michael Marsh, president and CEO of the National Council of Agricultural Employers.

“We know we’ve got some applications that are in play right now and that could be a real problem if we can’t get the workers in here.”

Marsh said it is unknown how long it will take before the Department of State runs out of money, but when it does, it will stop processing visas for guest agricultural workers needed at U.S. farms.

“Once they run out, and it’ll take them a little while to get gear back up. and then you know, there will be so many additional applications that will be in the queue,” he said. “It’s a mess.”

Guest worker applications are now being processed from California, Florida, Texas, South Carolina and other states, he said.
“We’re at the whim of the politicians so hopefully they will get it done,” Marsh said.

What remains

Agriculture Secretary Sonny Perdue said in a Dec. 21 news release that some USDA activities will be shut down or significantly reduced and some USDA employees will be furloughed.

However, he said certain USDA activities would continue because they are related to law enforcement, the protection of life and property, or are financed through available funding (such as through mandatory appropriations, multi-year discretionary funding, or user fees).

Perdue said that inspection services paid for by user fees — as is the case for fruit and vegetable inspections — won’t be stopped by the shutdown.

For the first week of a potential shutdown, the USDA said 61% of employees would either be exempted or excepted from shutdown activities. If the shutdown continues, this percentage would decrease, and activities would be reduced as available funding decreases.

Perdue said inspections for import and export activities to prevent the introduction and dissemination of pests into and out of the U.S. would continue during the partial shutdown. USDA Market News reports also will continue, he said.

The USDA Agricultural Marketing Service Commodity Procurement Program said Dec. 27 it was receiving inquiries from suppliers on how the shutdown affects contracting, contract performance, and invoicing/payments.

The USDA said in a statement that AMS expects the shutdown to have minimal effect on most commodity procurement activities.

The Food and Drug Administration said in an update on its website that the agency would also continue vital activities to respond to emergencies, manage high-risk recalls, review import entries to determine potential risks to health, and respond to other critical public health issues.

The FDA said it would also continue to address existing critical public health challenges, including outbreaks related to foodborne illness.

However, the agency said it won’t be able to support some routine regulatory and compliance activities, including most food-related activities. FDA said it will also pause routine establishment inspections, nutrition work, and many ongoing research activities.

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