352-273-2598 ashleynmcleod@ufl.edu

In states such as Florida, foreign or migrant workers tend to offer a cost-effective way for producers to harvest their crops. But the challenge of verifying an immigrant’s legal status and providing proper documentation in a timely manner can be difficult or impossible.

Immigration is an issue that affects all Americans, but it is of particular interest to farmers and ranchers, who rely on high numbers of seasonal workers. If there is a shortage of farm labor, the American Farm Bureau estimated in 2006 that $5 billion to $9 billion in annual production could be in jeopardy.

A recent downturn in the construction industry has somewhat eased the uncertainty over Florida’s supply of farm labor, according to the Florida Fruit & Vegetable Association, but growers remain concerned about having an adequate workforce.

A bipartisan group of eight senators wrote a memo outlining the federal immigration reform bill currently with the Senate Judiciary Committee. In the memo, the senators acknowledge that the United States does not have adequate policies for immigration.

“We recognize that our immigration system is broken,” the memo reads. “This has created a situation where up to 11 million undocumented immigrants are living in the shadows.”

The bill, which is still being amended, approaches immigration reform from four angles:

Create a path to citizenship for illegal immigrants who are already here

By securing U.S. borders and lowering the number of illegal border crossings or visa overstays, officials can then turn their focus inward. Immigrants can earn probationary legal status by passing a background check, paying a fine and back taxes. In order to earn a green card, they would need to demonstrate current employment and learn English, among other requirements.

Improve the legal immigration system

A strong immigration system can also benefit the national economy, according to the senators. The bill proposes awarding a green card to immigrants who have received a PhD or master’s degree in science, technology, engineering or math from an American university.

“It makes no sense to educate the world’s future innovators and entrepreneurs only to ultimately force them to leave our country at the moment they are most able to contribute to our economy.”

Strengthen employment verification processes

Employers who knowingly hire unauthorized workers would face stiff fines and criminal penalties. The federal government is then tasked with providing employers a fast and reliable method to confirm whether new hires are legally authorized to work in the U.S.,

which means likely expansion and refinement of E-Verify.

Admit new workers while protecting their rights

This proposal would provide businesses with the ability to hire lower-skilled workers in a timely manner when citizens are unavailable or unwilling to fill those jobs.

Last year, Florida farmers and ranchers employed more than 5,200 people through the H-2A visa, which allows a person entry into the U.S. for temporary or seasonal agricultural work. This, according to the National Council of Agricultural Employers, makes Florida the fifth-highest employer of H-2A workers in the country.

Perhaps most relevant to the agricultural industry, the proposed bill establishes 112,333 “W-visas” per year for four years for low-skilled workers. Unlike the H-2A visa, which is tied to one specific employer, “W-visas” will grant a worker mobility and the chance to move among employers depending on demand, wages and seasonal fluctuations.

Overall, immigration reform is a hot-button issue for politicians and citizens alike. With migrant workers playing a large role in the agricultural and food production industries, legislation has the potential to impact the entire industry. For more information on immigration laws in the United States, read this article by PolicyMic.

(NOTE: This article has been updated to more accurately describe the “W-visa”)