Priority Issue 2008:

Labor

To satisfy New York’s agricultural labor needs, we support the reform of the current H-2A guestworker system, and establishment of a workable adjusted status program, or a multi-sector immigration reform program that includes agriculture for non-H-2A immigrant workers who are employed in agriculture operations on a year-round basis.

Each year it has become increasingly difficult for farmers in New York to secure an adequate workforce for both seasonal and year-round work. The majority of New York's fruit and vegetable farms, and increasingly dairy farms, depend on foreign seasonal labor.  Studies have shown that a large proportion of the agricultural workforce is working with questionable documentation.   These employees are critical to the success of family farms in New York State.  Many migrant workers return year after year to the same farm, and are an integral part of the farm business.  These workers are able to support themselves and their families in their country of origin during the short time they are working in New York.  However, increased border inspection and immigration enforcement as a result of the tragic events of September 11, 2001, will likely mean even fewer workers for Northeast farms.

Unlike manufacturers of inanimate objects, agricultural producers cannot simply shut down and begin again when new workers arrive. Perishable commodities cannot remain even so much as one extra day in the field or on the tree. Labor shortages can and have resulted in devastating economic losses for farm families.

Because of increased enforcement activities, we feel that more New York employers will turn to the H-2A program, utilizing temporary alien labor to harvest crops. However, this program’s structure is flawed in many ways making it difficult and expensive.

In order to make sure that there are adequate farm workers available , the following steps must be taken:

·           Immediate passage of federal legislation  and/or regulatory changes to reform the H2a program to make the program an effective, efficient, and cost effective means of securing seasonal and year-around workers.

·           Permit undocumented workers to apply for immediate H2a status.   

·           End abusive practices by the Immigration and Customs Enforcement Agency and U.S. Border Patrol agents towards farm employees by a prohibition on the use of racial profiling.

·           Prohibit DHS or INS from removing possible undocumented workers from farms if such removal would produce immediate crop loss or prevent harvesting, or in the case of dairy farms, jeopardize the health of dairy animals.

·           Work to improve the guidance by DHS regarding producer and worker responsibilities following receipt of Social Security mismatch notification.

·           Continue support for the Migrant and Seasonal Child Care Centers in New York, which are made possible by their inclusion within the federal Head Start program.

• Continued federal support of Migrant Health Care clinics, voucher programs, and the Community Care network.