Agricultural Worker Layoffs Demand Immigration Reform That May be Coming Soon
Recent agricultural layoffs that devastated the local Brewster area are further proof that communities suffer under weak immigration administrative systems and inadequate immigration policies. Substantial progress on immigration reform for our clear skies agricultural businesses is much closer than we may realize. Now is the time for us to support it, but it takes teamwork.
Hiring legal workers requires governmental administrative systems. Never underestimate the damage ineffective administration can inflict. For example, until 2006, illegal alien felons in federal prisons were released to local communities. By 2009 ICE exported virtually every one.
More importantly, Congress supports an Immigration Service program called E-Verify, an electronic employment verification system that uses an employee's I-9 form to verify work status within minutes. In Congressional testimony in April 2009 US Citizen & Immigration Deputy Director Michael Aytes appropriately thanked Congress for appropriating $100 million to implement it, and said 117,000 employers out of 7.4 million employers nationwide used the system to validate 6.6 million of 60 million new workers in 2008. At that time non-agricultural employers validated 96.1 percent of all hires with E-Verify, which is up from 83 percent in 2002. Employer satisfaction ratings were 83 percent.
The system needs to be more rigorous for mandatory use. Photos already can be matched for Homeland Security green cards. Driver's license photos could be used if states permit. The Immigration Policy Center reports two states mandate E-Verify for all hiring, seven states require public contractors to use it, and by September 2009, some federal contracts require it for employees performing direct, substantial work.
However, local agricultural hiring needs special help. Kirk Mayer, manager of the Washington Growers Clearinghouse, said, "We've been told that approximately 65% of Ag workers in Washington, Oregon and Idaho are illegally documented."
With the current system of I-9 letter verification, employers wait weeks to get verification, and when non-compliance notice is received, the employer directs the employee to visit the social security office for proper identification. The worker usually never returns. Understandably, agricultural employers with perishable crops to be picked prefer the slower verification process.
Fortunately our agricultural industry has a well-thought out plan for survival according to Mike Gempler, Executive Director of the Washington Grower's League in Yakima, a non-profit serving the Ag industry on employment issues. The League has processed legal guest worker programs, such as H-2A, since 1999. Gempler said industry survival depends on three tactics: "More reliance on guest worker programs, continuing movement toward more labor saving technology, and developing the local workforce, although we don't see them filling the need for seasonal labor."
The industry also needs immigration reform. Gempler serves on the board of the National Council of Agricultural Employers. He expects Sen. Schumer (D-NY) to introduce comprehensive reform in early 2010 that includes language the industry can support. Gempler believes bipartisan support exists to pass reform.
The current language also allows the Ag industry to have a bridge program while immigration authorities clamp down on illegal workers and expands guest work programs. The Ag industry currently requires the largely illegal Ag workers labor pool such as laid-off workers in Brewster and Gempler believes they deserve to be employed legally. The language allows illegal Ag workers with strong work and community histories to earn legal status that includes working in the Ag industry for three years.
Our local community needs to support comprehensive immigration reform to avoid unnecessary damage to our communities. Not surprisingly, our region is providing leadership at the national level. We need to support them.
Hiring legal workers requires governmental administrative systems. Never underestimate the damage ineffective administration can inflict. For example, until 2006, illegal alien felons in federal prisons were released to local communities. By 2009 ICE exported virtually every one.
More importantly, Congress supports an Immigration Service program called E-Verify, an electronic employment verification system that uses an employee's I-9 form to verify work status within minutes. In Congressional testimony in April 2009 US Citizen & Immigration Deputy Director Michael Aytes appropriately thanked Congress for appropriating $100 million to implement it, and said 117,000 employers out of 7.4 million employers nationwide used the system to validate 6.6 million of 60 million new workers in 2008. At that time non-agricultural employers validated 96.1 percent of all hires with E-Verify, which is up from 83 percent in 2002. Employer satisfaction ratings were 83 percent.
The system needs to be more rigorous for mandatory use. Photos already can be matched for Homeland Security green cards. Driver's license photos could be used if states permit. The Immigration Policy Center reports two states mandate E-Verify for all hiring, seven states require public contractors to use it, and by September 2009, some federal contracts require it for employees performing direct, substantial work.
However, local agricultural hiring needs special help. Kirk Mayer, manager of the Washington Growers Clearinghouse, said, "We've been told that approximately 65% of Ag workers in Washington, Oregon and Idaho are illegally documented."
With the current system of I-9 letter verification, employers wait weeks to get verification, and when non-compliance notice is received, the employer directs the employee to visit the social security office for proper identification. The worker usually never returns. Understandably, agricultural employers with perishable crops to be picked prefer the slower verification process.
Fortunately our agricultural industry has a well-thought out plan for survival according to Mike Gempler, Executive Director of the Washington Grower's League in Yakima, a non-profit serving the Ag industry on employment issues. The League has processed legal guest worker programs, such as H-2A, since 1999. Gempler said industry survival depends on three tactics: "More reliance on guest worker programs, continuing movement toward more labor saving technology, and developing the local workforce, although we don't see them filling the need for seasonal labor."
The industry also needs immigration reform. Gempler serves on the board of the National Council of Agricultural Employers. He expects Sen. Schumer (D-NY) to introduce comprehensive reform in early 2010 that includes language the industry can support. Gempler believes bipartisan support exists to pass reform.
The current language also allows the Ag industry to have a bridge program while immigration authorities clamp down on illegal workers and expands guest work programs. The Ag industry currently requires the largely illegal Ag workers labor pool such as laid-off workers in Brewster and Gempler believes they deserve to be employed legally. The language allows illegal Ag workers with strong work and community histories to earn legal status that includes working in the Ag industry for three years.
Our local community needs to support comprehensive immigration reform to avoid unnecessary damage to our communities. Not surprisingly, our region is providing leadership at the national level. We need to support them.





From Jim Russell: A reader pointed out that the following statement should be corrected:
“At that time non-agricultural employers validated 96.1 percent of all hires with E-verify, which is up from 83 percent in 2002." Aytes's testimony is more correctly summarized as the readers states: "the percentages are for all employers (not non-ag) that use the E-verify system not non-agriculture. [My] statement [in the article] can also give the impression that all non-ag employers are using the E-verify system, when it is less than 2% of all employers."
I accept his correction that should read: "At that time employers that used the E-verify system validated 96.1 percent of all new hires with E-verify, which is up from 83 percent in 2002."
He also added, "One thing that is often overlooked is that E-verify detects whether there is any discrepancies in their documents it does not verify whether that individual is entitled to work in the US."
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From Jim Russell: KIrk Mayer wrote to clarify my quotation from him that: "According to a US Dept. of Labor representative approximately 64% of Ag. worker’s in Washington, Oregon & Idaho are illegal."
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I agree that comprehensive immigration reform that provides stability for employers and justice for responsible employees is necessary. I believe we need much more effective control over our borders, but I also think that, if those here, legally or illegally, are working hard and staying out of trouble should be allowed to stay .
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It seems so inclusive and embracing a solution that it would be a great disappointment if reforms fails again. Jim
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