Passage of bipartisan farm labor bill would be a 'Christmas miracle'

If passed in the final weeks of 2022, the Affordable and Secure Food Act would streamline the H2-A program, offer agricultural wage stabilization and provide a path to citizenship for farmworkers.

On Dec. 15, Sen. Michael Bennet, D-Colo., with support from Sen. Michael Crapo, R-Idaho, presented a rarity to the Senate — a bipartisan farm labor bill.

The challenge now is to negotiate a Senate version of the Affordable and Secure Food Act that can go to a floor vote in the final days of 2022 — no small feat. Bennet said negotiating a farm labor bill in the lame duck session of Congress would be “a Christmas miracle,” but Dave Puglia, president and CEO of Western Growers, is holding out hope.

“Stranger things have happened in Congress,” Puglia told The Packer.

According to Puglia, passing the bill would be “a lift for both parties.” At least 10 Republicans would have to step forward for the bill to pass, but every sector that has a labor need is in strong support, he said. The bill passed in the House with votes from 30 Republicans and all but one Democrat.

“We have an obligation to push and fight until the final bell,” Puglia said.

The promise of reform

Dave Puglia; Photo: Courtesy Western Growers

While long-term farm labor problems persist, additional challenges in recent years — such as inflation and supply chain issues — have exacerbated financial strains on farmers and ranchers and raised the temperature on existing labor issues.

“Businesses need certainty, and these wage reforms will provide that. My members are trying to survive; they’re not in this to lose money and can’t afford to bleed out every year,” Puglia said. “This bill would put guardrails on labor costs. Wages will be capped as to how much they can go up each year.”

The Affordable and Secure Food Act not only offers farm labor wage stabilization, but it also charts a path for legalization for the millions of undocumented workers who currently work in agriculture in the U.S. and streamlines the H2-A visa program. If enacted, the bill would address the precarious status of undocumented farm laborers currently working in the U.S.

“In the produce industry in the West, half of our workforce is not here legally. They are here working, productively paying taxes and keeping this industry running. For them, they live with the fear of not living in the shadows and of deportation,” said Puglia.

The Affordable and Secure Food Act proposes a new status of certified agriculture worker. This CAW status would offer a “degree of certainty for the agricultural workforce that they deserve,” according to Puglia.

“I have members of Western Growers that have moved to H2-A because they cannot find domestic workers,” he added. “This is a simple notion. We don’t have Americans knocking the door down wanting to harvest celery or lettuce.”

Decades advocating for change

“Western Growers has an awful lot of history and footprints in the sand that trace back on this bill,” Puglia told The Packer.

Former Western Growers president Tom Nassif, along with former United Farmworkers president Arturo Rodriguez, were key in bringing foundational farm labor reforms to Congress over a decade ago, said Puglia. The current bill has roots in Nassif and Rodriguez's work over many years.

“Finally, Congress is addressing an issue we’ve been shouting from the rooftops for 15 years,” he said.

Harnessing industry support

What’s more, Puglia believes that with such a large and diverse produce industry, strong advocacy throughout could increase the likelihood of success.

“Friends in the dairy industry have helped broaden the political appeal to more Republican senators,” Puglia said. “We could have a louder call for this reform to be passed if it came from all sectors of the produce and food industry.”

In the fresh produce industry, several organizations have joined in support of the bill. The U.S. Apple Association was one organization that joined advocates on Capitol Hill.

"Apple growers from coast to coast are hanging on by a thread as labor as input costs spiral out of control,” Jim Bair, U.S. Apple Association president and CEO, said in a news release. “The reforms included in the Affordable and Secure Food Act would provide much needed stability and certainty for the agriculture workforce and predictability to the H-2A program. In short, it is good for both growers and workers. We thank Senator Bennet for bringing this proposal forward and urge the Senate to act swiftly."

Lobbyist and senators address the U.S. Senate. — Shown from left are Jim Bair, president of U.S. Apple Association, Sen. Michael Bennet, D-Colo., and Rep. Dan Newhouse, R-Wash. Photo: Courtesy U.S. Apple Association

Ian LeMay, president of California Fresh Fruit Association, also offered his support, thanking Bennet for introducing the bill.

“The agricultural industry in California and across the country prides itself on being able to provide a safe and secure food supply to the nation and the world. However, this can only be accomplished with a dependable workforce. There is no doubt that agriculture has waited many years for immigration reform, and we are optimistic that this bill will finally accomplish this goal,” said LeMay in the release.

The time is right to lean in and push for the bill’s passage now, said Puglia at Western Growers. If the Affordable and Secure Food Act doesn’t pass in the last weeks of 2022, it could be an uphill battle to address this issue with the new Congress.

“I’m concerned with restarting this issue with a Republican House in 2023 with the current border crisis,” said Puglia. “Lack of labor and border security both deserve Congress’ attention, but prospects in both houses are difficult next year.”

Affordable and Secure Food Act Highlights

Certified agricultural workers and path to citizenship

Undocumented agricultural workers could apply for certified agricultural worker status to work legally in the U.S.
CAW candidates would not be at risk of deportation while applications are in review. Additionally, employers would not be penalized for having hired these workers.
If approved, CAW certification would give workers 5½ years of legal residency for themselves and dependents, with the potential for extension.
CAW workers who meet additional residency and work history requirements would be eligible to apply for permanent legal U.S. residency and citizenship.

Streamline and enhance H2-A

Those who don’t qualify for CAW status would receive access to year-round H-2A visas.
Workers would not have to return to their home country to apply for an H-2A visa.
The H-2A process is streamlined for employers.
Housing for farmworkers and transportation in and out of fields is addressed.
H2-A workers would be free to leave one employer for another.
Additional H2-A worker protections include guaranteed minimum hours as well as health and safety plans to avoid serious on-the-job injuries and heat illness.

Additional features

Wage standards set for agricultural workers across the board.
Establishes wage increase limits, capping year over year increases at 3% to 4%, a long-term tool to stabilize labor costs.
E-verify will be mandatory for all agricultural workers.