Cato Institute: H‑2A Visas for Agriculture – The Complex Process for Farmers to Hire Agricultural Guest Workers

The Cato Institute has a lengthy article explaining the H-2A agricultural worker program – H‑2A Visas for Agriculture: The Complex Process for Farmers to Hire Agricultural Guest Workers

Congress created the H‑2A program in 1986 to allow legal foreign workers to temporarily work for U.S. farmers who were unable to hire qualified Americans. However, illegal immigrant workers came to dominate the industry in the 1990s, and the H‑2A program was rarely used. While it still supplies only about 10 percent of farm labor, H‑2A employment has increased fivefold since 2005.

The H-2A program needs reforms, but productive reform is only possible if policymakers understand how the system currently operates. This brief explains how the H-2A visa program works. Its main findings include the following:

  • The H-2A program has more than 200 rules and is bureaucratically complex.
  • H-2A minimum wages are higher than every state’s minimum wage by, on average, 57 percent.
  • Americans accept only 1 in 20 H-2A job offers, and most later quit.
  • H-2A expansion is likely responsible for much of the large decline in illegal immigration from Mexico.
  • Violations of H-2A regulations are generally minor. An average of only 0.27 percent of farmers per year have been barred from the program because of serious H-2A violations.

H‑2A Program Rules

The H-2A program is an employer-sponsored temporary worker program, meaning that farmers initiate the process, not the workers. The H-2A visa program has no numerical cap but is restricted to temporary or seasonal jobs lasting less than a year.1 This requirement significantly limits participation and effectively bars dairies and most animal farms that demand labor year-round.2 H-2A’s most widely used predecessor—colloquially known as the Mexican Bracero Program (canceled in 1964)—had no such limitation.3 The H-2A program also narrowly defines “agriculture,” excluding most meat packers and processors.4

Figure 1 broadly outlines the H-2A process. The Government Accountability Office has found that the “complexity of the H-2A program poses a challenge for some employers” because it “involves multiple agencies and numerous detailed program rules that sometimes conflict with other laws.”5 In 2014, the U.S. Citizenship and Immigration Services (USCIS) ombudsman characterized the H-2A program simply as “highly regulated.”6 Appendix Table C details a noncomprehensive list of 209 H-2A rules that apply to workers and farmers, and Text Box 1 is a short summary of those rules.

IRBP Text Box 1

To start, when farmers have jobs that they want to fill with H‑2A workers, they must first receive a labor certification from the Department of Labor (DOL).7 They must antic­ipate a worker shortfall and initiate the labor certification process 60 days before the job’s start date by submitting job orders to State Workforce Agencies (SWAs), which are state‐​run entities that help unemployed U.S. workers.8 The SWAs guarantee that job offers comply with H‑2A regulations and inform unemployed Americans about the job opportunities.9 Farmers meanwhile must contact former U.S. employees and advertise the jobs.10

If too few U.S. workers apply, DOL will again review the jobs and certify the farmer to hire foreign workers for the remaining positions. The law requires DOL to make certifications at least 30 days before the job starts.11 Delays have cost farmers millions of dollars in lost crops.12 But the internet has improved DOL processing: it deployed online applications in 2012, and by 2019, about 94 percent of applicants used it.13 As a result, the department moved from completing just 63 percent of labor certifications within 30 days in 2011 to completing 97 percent in 2015 (Figure 2).14 In 2019, however, delays reemerged as DOL had the lowest rate of timely approvals (86 percent) of any year since 2013.15

If DOL grants the labor certification, the farmer pays fees of $100 plus $10 per worker, up to $1,000 total.16 Even after H-2A workers start, however, farms must continue to accept U.S. workers until half the job period has expired.17 … (continues)

Washington State Becomes Sanctuary State

No, not a Second Amendment sanctuary state. From the Yakima Herald, Washington joins West Coast bloc of sanctuary states

Washington has become the latest West Coast state to enact broad sanctuary protections that restrict all local authorities from asking about people’s immigration status.

Gov. Jay Inslee signed the measure Tuesday implementing the new rules, which rank among the strongest statewide mandates in the nation. California and Oregon have similar laws.

The move comes as President Donald Trump’s administration has cracked down on immigration by increasing migrant detentions and attempting to cancel the Deferred Action for Childhood Arrivals program.

Under the new Washington state law, local law enforcement agencies are broadly prohibited from asking about immigration status or place of birth unless directly connected to a criminal investigation, and both local jails and state prisons are prohibited from complying with voluntary “immigration holds” requested by federal authorities, or from notifying federal authorities when an immigrant is about to be released from their custody.

“Our state agencies are not immigration enforcement agencies,” said Inslee, a Democrat who is also running for president. “We will not be complicit in the Trump administration’s depraved efforts to break up hard-working immigrant and refugee families.”

Critics say sanctuary laws hamper the ability of police to do their job.

Republican state Sen. Phil Fortunato, who voted against the Washington law when it was before the Legislature, said he thought it would hamper the ability of police to take action against subjects they suspect to be illegal immigrants.

“This not only puts law enforcement at risk, it puts private citizens at risk,” Fortunato said…

 

President Declares Intent to Sign a National Emergency Over Border

From Reuters

“I’m going to be signing a national emergency,” Trump said from the Rose Garden of the White House.

“We have an invasion of drugs, invasion of gangs, invasion of people, and it’s unacceptable,” he said.

The president said he would sign the authorizing paperwork later in the day in the Oval Office…

Nancy Pelosi, the Democratic Speaker of the House of Representatives, and Chuck Schumer, the Senate’s top Democrat, swiftly responded to Trump’s declaration.

“The president’s actions clearly violate the Congress’s exclusive power of the purse, which our Founders enshrined in the Constitution,” they said in a statement. “The Congress will defend our constitutional authorities in the Congress, in the courts, and in the public, using every remedy available.”

The president acknowledged that his order would face a lengthy legal challenge. “We’ll win in the Supreme Court,” Trump said…

Speaker Pelosi had previously threatened that the next Democrat President could declare gun violence a national emergency while Rep. Cleaver of Missouri said that such a President could declare climate change or income inequality as national emergencies.

“A Democratic president can declare emergencies, as well,” Pelosi told reporters in the Capitol. “So the precedent that the president is setting here is something that should be met with great unease and dismay by the Republicans.”

…”Let’s talk about today: The one-year anniversary of another manifestation of the epidemic of gun violence in America,” Pelosi said. “That’s a national emergency. Why don’t you declare that emergency, Mr. President? I wish you would.

“But a Democratic president can do that.”