News

July 5, 2007

Senate Kills Immigration Bill

Last Thursday, June 28, the Senate rejected comprehensive immigration reform legislation after failing to invoke cloture - or end debate - by a vote of 46-53. The bill's death came after weeks of negotiating, political maneuvering and intense lobbying. It is likely the immigration reform issue will be shelved until after the 2008 election. A vote in favor of cloture would have closed discussion on the immigration bill and prompted a vote on the overall bill, which could have come as early as last Friday or Saturday.

Officials with Western Growers expressed extreme disappointment and outrage over the failure to move forward with critically needed national immigration reform. The Senate's vote was seen as a blow to the agriculture industry and the entire nation.

"America's immigration system is in disarray and America's farmers are among those who suffer from that most," said Tom Nassif, president and CEO of Western Growers. "The historic failure of leadership by some in the U.S. Senate portends a continuation of the worsening shortage of legal and reliable workers who harvest our food. Unless our legislators summon the courage to confront the realities of our labor needs, America's increasing dependence on foreign countries will worsen. We will not give up the fight to enact responsible comprehensive immigration reform. The stakes for our nation are too high."

June 1, 2007

Bush Speaks Up For Immigration Reform

President Bush urged Congress to unite to approve comprehensive immigration reform legislation. He said he is passionate about the issue and that the legislation before lawmakers is a good bill. He strongly urged lawmakers to put their political motives aside and pass the measure.

"No matter how difficult it may seem for some politically, I strongly believe it’s in this nation’s interest for people here in Washington to show courage and resolve and pass a comprehensive immigration reform.," he said.

President Bush acknowledged that the issue of immigration reform is a sensitive one, but he warned that the system must be fixed.

"The system is broken in my judgment because there are 11 million to 12 million people living in the shadows of a free society," he said. "The system is broken because there are people who are exploiting human beings for material gain."

McCain Frustrated By Immigration Reform Debate
(Source: RadioIowa)

Arizona Senator John McCain said he is "frustrated" by the way the debate is unfolding over the immigration reform package he helped write.

"The president and all of us feel frustrated sometimes by the criticism and the level of the dialogue," said the Republican presidential candidate. "I respect the views of those of those who disagree with us. I don’t question anyone’s patriotism or love of this country and I wish we could lift up the level of discourse and dialogue. It’s not helpful in illuminating and educating the American people when we question one another’s patriotism."

McCain said he will be in the U.S. Senate the week of June 4 when debate begins on that immigration bill. There may be a few adjustments in the compromise, according to McCain. "But I think it has to be pretty well as it is if we’re going to succeed. As with things like this, the coalition’s pretty fragile."

McCain said he is unsure how the issue rests with voters. "Polls show that over 60 percent of the American people approve not only of this approach, but the specifics of it," he said. "But on the other side of the coin we have a very emotional, intense opposition within our party."

May 29, 2007

Immigration Reform Update

Things are heating up on the immigration reform front. On a conference call Friday, May 25, American Nursery & Landscape Association (ANLA) Vice President for Government Relations and Research Craig Regelbrugge, along with Executive Vice President Bob Dolibois, talked about the latest developments.

There’s a new immigration reform bill on the table that, according to Regelbrugge, "Covers the gamut - from measures addressing border security and internal enforcement to the implementation of new obligations for employers to verify who’s working, to temporary worker programs and an opportunity for people who are here on undocumented status to earn a legal status and maybe someday, earn legal permanent residency."

The changes to the current immigration system would create a greater emphasis on the needs of the economy and employment skills. Of all the Bill’s titles, there are a few core ones to focus on for the green industry. Title VI, for example, would allow undocumented workers to come forward and enter into a temporary status called a Z visa, which would last four years and could be renewed. For workers wanting to make a future commitment to agricultural work, there is a subset of that program called a Z-A visa.

"We’re hopeful that the architecture of the bill will provide sufficient incentives for the current experienced and trained farm workforce to choose Z-A over Z, because part of the key here for the growing side of the industry is to try to retain as much of its workforce as it can," said Regelbrugge. One incentive for farm and nursery workers to choose the Z-A program is that it would require fewer upfront fines and fees.

Regelbrugge noted, though, that the Bush Administration is adamant about making sure nobody legalized under these programs can cut in line to get ahead of those who have applied for a visa the legal way.

As for H-2B, there will be a fundamental increase in the base cap up to 100,000 when the new program takes effect. There is also a market-based regulator, which is a provision that allows the program to expand or contract with the changing economy, which could raise the cap to 200,000. It should be noted, however, that this could be subject to some change, Regelbrugge said. Still, ANLA remains optimistic.

For more information, visit www.anla.org

May 24, 2007

(Source: SAF)

Immigration Debate Continues All Week

The Senate continues to debate a comprehensive immigration reform bill called "the Secure Borders Economic Opportunity and Immigration Reform Act of 2007," S. 1348. The legislation, according to SAF, includes most of the AgJOBS provisions and provides:

1. Enhanced border security;
2. Increased enforcement of employer prohibitions in hiring illegal immigrants;
3. A transition to legal status for the 12 million undocumented workers currently in the United States;
4. Provisions for future temporary worker programs to fill jobs where there are insufficient domestic workers.

SAF and other horticultural industry groups support passage of a bipartisan comprehensive bill that directly addresses the broken immigration system. An enforcement-only approach would hurt growers and producers in all parts of the green industry, according to SAF.

The industry urges all of its members to call their Senators now in Washington, D.C., and in their state offices. Leave them messages urging them to pass a comprehensive bill that will provide agriculture with a stable, legal supply of workers. The bill currently is under attack from both parties and its chances of passing are at risk without grassroots participation, SAF reports.

Late Breaking Action Item:
Senator Jeff Bingaman (D-NM) is offering an amendment this morning that would cut the temporary guest worker cap from 400,000 to 200,000 and eliminate the market-based cap. Please ask your Senators to oppose the Bingaman amendment.

May 22, 2007

Immigration Reform: Input Needed

(Source: ANLA)

The U.S. Senate has agreed to take up debate and action on comprehensive immigration reform.

The proposed bill, subject to some amendments, would address:
1) enhanced border security
2) increased enforcement of employer prohibitions in hiring illegal immigrants
3) a transition to legal status of the 12 million illegal aliens currently in the U.S.
4) provisions for future temporary worker programs to fill jobs where there are insufficient U.S. workers By necessity, the proposed bill is long and complex. It is a compromise between political perspectives that seek to limit immigration flows and advocates for increased immigration. This bill cannot totally satisfy both perspectives. Currently there is a significant outcry from groups representing the "purist" approach from both of these perspectives. Surveys confirm that a majority of Americans believe the current system is broken and they support reasonable limits as well as practical accommodations for legal immigration. Right now, this moderate perspective is not being heard and the future of comprehensive immigration reform is at risk.
It is imperative that voices of reason be heard immediately or this rare opportunity to actually find solutions to our broken immigration system will be lost.

Please see the "Take Action" page for details on what you can do.

May 17, 2007

Immigration Deal Struck

(Source: Associated Press)

Key senators and White House negotiators have struck an immigration deal that they expect will gain endorsement from President Bush. The deal comes before what is expected to be a battle in the Senate next week, the AP reports.

The deal includes a point system that would prioritize immigrants’ education and skill levels over family connections in deciding how to award green cards, the AP reports.

A "Z visa" could be given to illegal immigrants, which would put them on track for permanent residency after paying fees, a $5,000 fine and returning to their home countries. The status could take eight to 13 years to achieve.

If they came forward right away, they could claim a probationary card that would allow them to live and work legally in the United States, but the AP reports they couldn’t start the process to obtain permanent residency or citizenship until border security improvements and a high-tech worker identification program are completed.

May 3, 2007

SAF Continues Push on Cosponsorship of AgJOBS

(Source: Society of American Florists)

Time is marching on toward the last two weeks in May, when Senate Majority Leader Harry Reid (D-Nev.) has scheduled floor time to debate immigration legislation, and negotiations still have not produced a comprehensive immigration reform bill. SAF has learned, however, that some language has been drafted.

There are two new cosponsors to the AgJOBS bill: Rep. Zoe Lofgren (D-16-Calif.) and Rep. John Shimkus (R-19-Ill.).  Lofgren is the chair of the House Judiciary Subcommittee on Immigration, Border Security and Claims. It is very significant that Lofgren, who may move her own version of comprehensive reform through her committee, has voiced her strong support of H.R. 371, SAF says.

To maximize its influence for the upcoming immigration debate on the Senate side of Capitol Hill, the Agriculture Coalition for Immigration Reform (ACIR) and the National Council of Agricultural Employers (NCAE) are sponsoring a Lobby Day on Capitol Hill on Wednesday, May 16 to deliver the message that any immigration reform bill that passes Congress must address American agriculture's unique situation and must ensure access to a legal workforce. The United Fresh Produce Association is coordinating hotel and scheduling logistics.

SAF strongly encourages members to consider coming to participate in this event.

May Day: Thousands Marched For Reform

Thousands of immigrant rights advocates marched in cities across the United States May 1 in support of an immigration reform bill that would include a path to citizenship for millions of illegal immigrants.

People on both sides of the immigration debate say if lawmakers fail to pass a bill this year, immigration reform will likely have to wait until after the 2008 presidential election.

April 30, 2007

Senators Meet On Immigration Reform
(Source: GovExec.com)

As a May 14 Senate immigration floor debate looms closer, negotiations on a bipartisan immigration reform bill remain fluid and some question whether it will be ready in time. According to GOP aides, bipartisan talks broke down last week due to a misunderstanding on how Democrats would handle a set of Republican principles. Republican and Democrat senators were scheduled to meet again May 1, which could give them the opportunity to settle the dispute and begin drafting legislation.

There is no agreement on core issues such as whether illegal immigrants can earn citizenship without leaving the country or whether illegal immigrant can earn citizenship without leaving the country or weather family based immigration should be limited to children and spouses. But aides say the talks continue in good faith.

April 23, 2007

Hundreds Honor Cesar Chavez
(Source: Ventura County Star)

More than 300 farmworkers congregated in Oxnard, Calif., on Sunday, April 22, to commemorate the life of late civil rights activist and labor leader Cesar Chavez, who died April 23, 1993. The also marched to support immigration reform legislation that would give farmworkers legal U.S. status.

Christine Chavez, a grandchild of Cesar Chavez, said the event honored her grandfather and sent the message that efforts for immigration reform are ongoing and must continue.
"There’s still farmworkers that don’t have places to sleep. There’s still farmworkers that aren’t given a living wage," Chavez said. "I think the best way to honor my grandfather is to recommit themselves to fighting for the rights of farmworkers. And I always remind the people that without the farmworkers there would be no Cesar Chavez."

April 20, 2007

SAF Signs onto Ad in The Hill
(Source: Society of American Florists)

SAF joined other members of the Essential Worker Immigration Coalition (EWIC) in signing onto an ad urging Congress to pass comprehensive immigration reform in the weekly newspaper The Hill's immigration reform edition. The EWIC ad makes the point that, to be truly effective and comprehensive, immigration reform has to include the following four key elements in one bill. The bill should have provisions to secure the border, create a workable temporary worker program, enforce our current laws that hold employers accountable for whom they hire, and address the issue of the 12 million illegal immigrants who are already in this country.

The ad further urges that Democrats and Republicans "turn down the rhetoric" and find a solution to what the entire country views as a pressing priority. As it stands now, Senate Republicans and Democrats are trying to find common ground to produce comprehensive immigration legislation that can gain the support of a majority of Republicans.

The President pledged his support to help reach a bipartisan compromise, and recently told a group he was speaking to in Arizona that, in his view, a worthy comprehensive bill would have to include all the key components, and that legislation should not provide an unconditional pardon.

Democrats in the House also are working on developing a bipartisan comprehensive immigration bill in addition to the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act which was introduced March 22 by Reps. Jeff Flake (R-6-Ariz.) and Luis Gutierrez (D-4-Ill.). The new comprehensive House bill would need to move forward before the August recess.

Western Growers Makes Final Drive For Ongoing Immigration Reform

Officials for Western Growers announced the launch of a concentrated culminating campaign in its three-year-long drive to win approval of immigration reform to create a legal, stable workforce for agriculture. The concentrated effort will seek to achieve passage of immigration reform prior to the adjournment of Congress for the 2007 summer recess. The campaign will involve lobbying, media and education efforts to bring about comprehensive immigration reform that would include provisions for legalizing the estimated 1.2 million illegal agriculture workers in the United States. The effort will push for approval of the AgJOBS provision in the comprehensive reform bill or passage of AgJOBS as a standalone bill if necessary.

"It is clear that the last, best chance for immigration reform in the foreseeable future is upon us," said Tom Nassif, president and CEO of Western Growers. "If Congress does not move on this critical issue and approve sensible immigration reform before it adjourns for the summer recess, this country will have lost its last, best chance to fix our broken immigration policy for at least several years. Agriculture is truly in desperate need of reform. We are heartened to see that we have now been joined by other associations in our industry. That can only make our campaign stronger. We will not rest until we have done everything possible to secure passage of immigration reform. Our workers need it, our farmers need it, our industry needs it and our nation needs reform. We have run out of patience. Now’s the time for action."

April 15, 2007

USApple Provides Means To Speak Out On Immigration Reform The U.S. Apple Association has recently upgraded its Web site to provide growers with information and tools to help them get the word out to their elected representatives on immigration reform. At the Web site, www.usapple.org, just click on "Legislative Affairs," and then "Immigration/Agricultural Labor Reform." You will not only find information about this important issue, but you’ll find samples of letters USApple has sent to key members of House of Representatives as well as the entire Senate. In addition, USApple has provided a sample letter that you can personalize and send to lawmakers. For additional information, check out American/Western Fruit Grower’s immigration and labor reform Web site at www.americanfruitgrower.com/immigration.

April 5, 2007

More Immigration Proposals Introduced
(Source: SAF)

Before Congress began its spring recess, there were several developments on immigration reform. In addition to the bipartisan STRIVE Act we reported on last week, there was action from other House members and the Administration.

Rep. Bob Goodlatte (R-6-Va.), now Ranking Republican on the House Agriculture Committee, introduced H.R. 1792, which only addresses H-2A, the visa program for employers to admit seasonal agriculture labor. While the Goodlatte bill has some attractive provisions, a partisan bill will not pass and ultimately will not improve the situation.

The president, through Secretary of Commerce Carlos Gutierrez, announced some progress late last week on specific principles that should be part of a comprehensive immigration reform bill, which is still the Administration's goal for this year. In an effort to broaden the base of support for comprehensive immigration reform in the Senate, Sens. Edward Kennedy (D-Mass.) and John McCain (R-Ariz.), along with Sens. John Cornyn (R-Texas) and Jon Kyl (R-Ariz.), are negotiating the details of a proposal that could win majority support. Sen. Harry Reid (D-Nev.) still wants to debate immigration policy during the two weeks of May. 

At first glance, the Administration's outline appears to fall short of embracing AgJOBS. The agriculture community, however, is treating this as a work in progress and will work with other stakeholders to promote a workable solution.

SAF and others in the Agriculture Coalition for Immigration Reform (ACIR) continue to strongly support AgJOBS and cite the importance of agriculture and its unique challenges during lobbying visits. Furthermore, AgJOBS has the bipartisan support to be enacted. Efforts to gain cosponsors for AgJOBS in the Senate and the House continue. Grassroots activity will help tremendously -- please e-mail or call your members of Congress and urge them to cosponsor the AgJOBS bill (S. 340 and H.R. 371).  

March 22, 2007

New Immigration Bill

(Source: TheHill.com)

Reps. Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) will introduce legislation today that is expected to serve as the basis for a comprehensive immigration reform bill in the House. The measure kicks off this year’s immigration debate in Congress. Reform proponents say the Gutierrez-Flake bill will be the most comprehensive proposal in the House.

The lawmakers introduced similar legislation in the last congress as a companion to legislation sponsored by Sens. Edward Kennedy (D-MA) and John McCain (R-AZ) and favored by Senate Democrats. The legislation mandates strong workplace protections and requires employers to give foreign workers the same wages and working conditions as U.S. workers. As of yet, the AFL-CIO, the nations largest union, is not supporting the legislation.

One of the most significant parts of the bill is a "touchback provision," that requires immigrants to return briefly to their home countries before re-entering to apply for permanent legal residency. According to Flake, however, if immigrants meet a series of requirements, such as paying owed taxes and a fine, and undergoing background and health checks, they would be given a re-entry visa before returning home, making the process of leaving and re-entering a formality. Immigrants would be allowed to work in the U.S. for two- to three-year periods before being required to re-enter the country and apply for permanent legal status. Before immigrants could get their green card, they would have to learn English. Once immigrants touched back to their home countries and applied for permanent legal status, they would have to wait in line behind all pending green card applicants residing domestically and abroad.

The guest worker program and path to citizenship would not be implemented until the Department of Homeland Security certifies progress has been made securing the border. Another prerequisite would be a verification system that assigns immigrants identification cards with biometric data, making them more difficult to forge or transfer.

March 21, 2007

May Immigration Reform March Planned

(Source: San Jose Mercury News)

Commemorating last year's immigration reform demonstration that brought out more than 125,000 people, San Jose immigrant right activists are planning a march for May 1. The San Jose Coalition for Immigrant Rights will use the day as a benchmark to mobilize supporters behind a movement that includes voter registration, asking lawmakers to make reforms and holding them accountable for a lack of support.

"We think future generations of immigrants need to remember that on May 1, 2006, something historical, something that will likely never happen again, happened," said Salvador "Chava" Bustamante of the Service Employees International Union, Local 1877.

Organizers of the march do not know how many people to expect for the march but said that they are more focused on remembering "the day immigrants said: 'enough is enough.'"

The march in San Jose last year was one of several organized across the country, the largest of which, in Los Angeles, attracted 1 million marchers. Activists in other cities are planning to continue the momentum this year with similar marches and are also considering economic boycotts, including asking immigrants not to go to work or spend money. The San Jose Coalition will not use such tactics, but rather encourage voters to "flex their political muscle at the polls."

Many Tracks Toward Immigration Reform
(Source: Houston Chronicle)

The bipartisan House-Senate campaign to reform U.S. immigration laws has reached a standstill, with key players going in different directions. Policymakers have acknowledged the change in their strategies, but they remain optimistic about getting a comprehensive immigration reform bill through Congress this year.

Changes in talks and tactics show the many complexities related to the issue of the nation's estimated 12 million illegal immigrants, as well as any determination of the future status of immigrants and temporary workers.

In early March, business, labor, religious and immigrant rights groups unified in the push for comprehensive immigration reform were still hoping for a positive outcome in talks between Sen. Ted Kennedy (D-MA), Sen. John McCain (R-AZ), Rep. Luis Gutierrez (D-IL) and Rep. Jeff Flake (R-AZ). However, early last week, McCain and Kennedy shelved their work after they were unable to compromise on organized labor demands that would make a guest-worker program less attractive to employers. Instead, Kennedy announced he would offer up the bill that passed the Senate Judiciary Committee last year. Both the bill McCain and Kennedy have been working on and the bill passed by the Senate Judiciary Committee would place most illegal immigrants on a path to eventual citizenship, increase immigration enforcement and create a guest-worker program.

Meanwhile, the Bush Administration is reportedly working privately with Senate Republicans and has sent Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez to Capitol Hill for help.

March 14, 2007

Bush Optimistic About Immigration Reform

President George Bush said in a joint press conference with Mexican President Felipe Calderon in Merida, Mexico that he is optimistic about prospects for immigration reform legislation and that he has sensed a change in mood in Congress over the issue.

"I feel pretty good about it," he said. "I don't want to predict legislative success but I can tell you my mood. And my mood is optimistic because the mood in the Congress seems like it has changed from skepticism last year to knowledge that getting a comprehensive bill will be in the nation's interests."

Bush said amnesty is out of the question but that a middle ground could be found between enforcement only and a temporary worker system.

"A good migration law will help both economies and will help the security of both countries. And the reason I say that is that if people can come into our country, for example, on a temporary basis to work, doing jobs Americans aren't doing, they won't have to sneak across the border," he said.

March 3, 2007

Organic Peach Farmer's Take On Immigration

David Mas Masumoto, an organic farmer and author in Fresno, CA, recently published an editorial in the Los Angeles Times, titled "For the sake of peaches, pass immigration reform."

The author, who also wrote the book "Epitaph For A Peach," lamented the choice between growing one of two types of peaches: one complex, the other simple. He wrote, "But whether I can grow a better peach depends on whether I have enough field workers, and that's where immigration reform comes in."

Masumoto stated, "The agricultural industry supports federal legislation for a guestworker program that would bring in temporary farm laborers when shortages arise. This remedy would fix short-term problems. However, a long-term solution lies in immigration reform that could change the nature of farming, especially when it comes to specialty crops and small-scale operations like mine."

To read the full story, go to www.latimes.com and search for "Masumoto."

March 1, 2007

Farm Bureau Supports Immigration Reform

The American Farm Bureau Federation (AFBF) said the Bush Administration's commitment to securing comprehensive immigration reform this year provides needed progress on an issue that is vital to the success of many of the nation's farmers and ranchers.

"Enactment of comprehensive immigration reform legislation this year is critical for growers," said AFBF President Bob Stallman. "This effort must include a viable temporary worker program for American agriculture and we commend the Administration for its leadership and for continuing to push for a solution to this challenge."

Stallman added that many growers are coming off a year when they have faced severe labor shortages and they are making investment decisions today that will affect the health of agriculture in the future.

February 28, 2007

Immigration Reform Crucial To National Security, Economy

Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez, in testimony before the Senate Judiciary Committee hearing on immigration reform, argued that the comprehensive immigration reform bills on the table in Congress are not plans for amnesty, but rather that a guestworker program is essential to keeping the U.S. economy growing.

"We recognize that immigration reform has been a crucial part of our economic growth," said Gutierrez. "Immigrants make up 15 percent of our labor force, and account for about half of the labor force growth since 1996. Even so, the reality is that there are thousands of jobs that are not getting filled by Americans."

Chertoff added that a guestworker program, along with border security and employer enforcement, is in the national security interest.

"Having a regulated channel for this kind of labor force is actually going to help our border enforcement, because it is going to reduce the pressure on the border that is caused by the huge economic demand that is drawing the tens of thousands of migrants to cross the desert or cross the Rio Grande River to work in the United States," he said. "Bringing these people into a regulated, visible system will help our ability to promote national security."

February 23, 2007

Ask Congress for AgJOBS Cosponsorship

(Source: Society of American Florists)

The Senate Judiciary Committee may be close to finishing its new legislation on comprehensive immigration reform.

Sen. Edward Kennedy (D-Mass.) has been working closely with Sen. John McCain (R-Ariz.) to put a bipartisan comprehensive bill together that could be introduced in early March and see action in April. 

While SAF feels certain that AgJOBS will be included as the agriculture component of the new comprehensive bill, all members of the Agriculture Coalition for Immigration Reform (ACIR) are meeting with key lawmakers in the House and Senate to urge cosponsorship of H.R. 371 and S. 340. Please thank members of Congress for cosponsoring the AgJOBS bill. Urge non-cosponsors to cosponsor as soon as they can.

The agriculture industry continues to support comprehensive immigration reform legislation that provides workable guest worker programs as a labor safety net when domestic workers cannot be found, and allows the current trained and trusted workers already here a chance to earn legal status.

In the meantime, compliance actions by Immigration and Customs Enforcement (ICE) have increased. Several states and municipalities have taken matters into their own hands, introducing state laws that expand state police powers and penalties for employers of unauthorized workers. In fact, Colorado has passed the strictest immigration law in the country. On January 1, 2007, a bill became effective that requires the collection and maintenance of additional documentation by employers to demonstrate compliance with federal employment verification requirements. The law applies only to employees hired on or after January 1, 2007. Existing employees do not need to be re-verified.  Employers may obtain more information about the program at
https://www.vis-dhs.com/EmployerRegistration.

January 25, 2007

Continued Support For AgJOBS

By Craig Regelbrugge, ANLA

In his State of the Union address Tuesday, President George W. Bush indicated his continued commitment to comprehensive immigration reform. On Wednesday, Senators Dianne Feinstein and Larry Craig addressed a crowd of about 100 industry leaders gathered for NCAE’s annual meeting, and they evidenced an unwavering commitment to getting the job done.

However, Senator Chambliss has filed a prevailing wage amendment to the minimum wage bill that is now under debate. Whether he chooses to offer those amendments (or whether the Senate cuts off debate before he can) remains to be seen. But Sen. Feinstein has filed AgJOBS as a second-degree amendment on the Chambliss amendments. This means if Chambliss brings his amendments up, there could be a vote on AgJOBS essentially as a substitute to the Chambliss amendments. While actually getting a vote on this vehicle is a longshot, we are in the middle of the debate and all lobbying and grassroots efforts to educate Congress on AgJOBS need to be initiated if they haven’t been already.

As an aside, the Chambliss amendments are technically flawed and would likely have serious consequences for agriculture, like establishing prevailing wage as the minimum wage for all agricultural employers. ACIR has formally opposed them.

January 16, 2007

AgJOBS Re-Introduced To Congress

In he Agriculture Job Opportunity, Benefits and Security Act - known as AgJOBS - was re-introduced last week before Congress in the hope that reform can be made soon.

The measure is key to helping solve the agriculture industry’s critical labor needs, according to Western Growers President and CEO Tom Nassif.

"We have been fighting for this worthy legislation for years now," Nassif said. "Agriculture has indeed made its case for sensible immigration reform that would result in a legal, stable work force for the industry. We are heartened that we now have an opportunity to proceed with reform that will be beneficial for farmers, workers, enforcement officials and the entire nation. The time is now to make progress on immigration reform. AgJOBS provides that opportunity."

The bipartisan proposal was announced at a morning press conference led by Senators Larry Craig (R-ID) and Dianne Feinstein (D-CA), and Representatives George Radanovich (R-CA) and Howard Berman (D-CA). Original co-sponsors of the bill - passed by the Senate last May - also include Republican Sen. Mel Martinez, and Representatives Adam Putnam, Lincoln Diaz-Balart and Alan Boyd.

AgJOBS restructures the current cumbersome and ineffective H-2A temporary worker program by:

• Substantially streamlining it, including eliminating the labor certification process.
• Reforming the requirements for H-2A employers, including an immediate reduction and gradual elimination of the Adverse Effect Wage Rate.
• Streamlining the process for admission of H-2A workers.
• Allowing workers not currently in the program to acquire H-2A status.

AgJOBS includes provisions to allow workers who have made a substantial commitment to agriculture work in the United States to earn an adjustment to their legal status by meeting strict requirements.

"We are grateful to Senators Feinstein and Craig, as well as their many allies, for their leadership on this issue," said Nassif. "They have demonstrated political courage in carrying this legislation and we are hopeful that real action will take place this year in the form of AgJOBS, as introduced or through broader comprehensive immigration reform. Either way, relief cannot come soon enough for our industry."

December 20, 2006

President Bush Calls For Reform Legislation

In a White House news conference today, President George W. Bush called for comprehensive immigration reform legislation to help secure U.S. borders. He said no matter what measures are taken to secure the country, they will be meaningless unless there is control of the flow of illegal immigrants into the United States. President Bush said the current system leads to inhumane treatment of people who sneak into the country to do jobs that legal residents will not do.

"I want a comprehensive immigration plan on my desk this year," he said. "It’s important for us."

President Bush cited the recent roundup of nearly 1,300 illegal immigrants at a meat-packing plant, in which a large percentage of those arrested had forged documents. He said a guest worker program would eliminate this problem.

December 15, 2006

Immigration Issues Come to a Head
(Source: SAF)

The Texas Employers for Immigration Reform (TEIR) brought lawmakers and business leaders together to discuss immigration issues at a conference on Dec. 7, 2006, attended by the Texas State Floral Association's (TSFA) Executive Director Dianna Doss and past president Jimmy Klepac, of Klepac Greenhouses Inc., in Blanco, Texas.

"The purpose (of the conference) was to inform Texas business owners and lawmakers of the seriousness of the situation, and to bring forth ... solutions," says Doss.

Panel discussions addressed both federal and state issues, and Texas Representatives Leo Berman (R) and Rick Noriega (D), as well as Craig Regelbrugge of the American Nursery and Landscape Association, spoke on possible solutions.

"One consensus that did come out of it was that everyone is in opposition to any decisive legislation that would be harmful to employers and immigrant workers, " says Doss.

The immigration issue continued to heat up Tuesday, as Immigration and Customs Enforcement (ICE) agents arrested some 1,300 workers at six Swift & Co. meat processing plants -- the largest-ever crackdown on illegal immigration, according to ICE. Immigration reform advocates pointed to the broken immigration system and Congressional inaction as causes of the problem.

In a Washington Post editorial, Tamar Jacoby, of the Manhattan Institute, noted that "Every year the economy as a whole creates some 500,000 more unskilled jobs than Americans want to do, yet we issue only 5,000 year-round visas for the immigrants who might fill them."

Senator Ken Salazar (D-Colo.) issued a press release saying, "This past year, the Senate passed bipartisan legislation to address our broken borders.  The House of Representatives had an opportunity to enact a law and order system. Unfortunately, they chose not to ... The tragedy of continual inaction towards comprehensive immigration reform has both human and economic consequences.  It is what happens when we have a do-nothing Congress which refuses to act." 

December 8, 2006

Senate immigration reform champions bring ag’s voice to the floor

Senate agriculture champions and proponents of comprehensive immigration reform took the message of the severe agriculture labor shortages and the urgent need to pass AgJOBs, signed by hundreds of agriculture businesses and associations, to the Senate floor, according to ANLA’s Craig Regelbrugge. Below is the letter, published in the Congressional Record.

CONGRESSIONAL RECORD-SENATE S11414 December 7, 2006
 Mr. CRAIG. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.The PRESIDING OFFICER. Without objection, it is so ordered.

ORDER OF PROCEDUREMr. CRAIG. Mr. President, I ask unanimous consent that myself, the Senator from Idaho, and the Senator from California, Senator FEINSTEIN, be allowed to speak as if in morning business for the next 30 minutes.The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered.

LABOR SHORTAGE
Mr. CRAIG. Mr. President, the Senator from California, Senator FEINSTEIN, will be here in a few moments to join me in what we believe is an important message, to continue to speak not only to our colleagues here in the Senate but to America as a whole. It is a speech not unlike the one we gave before we recessed for the break before the election, when it was becoming increasingly obvious that America was finding itself in a major labor shortage, primarily in agriculture and some of the service industries. In fact, while I was home during this recess period of time, the shortage of orange juice in the U.S. market made national news as the price went up substantially.

A shortage of orange juice today in the American market is because nearly a million cases of oranges rotted on the trees of Florida this fall, late summer, because there were not hands to pick them, put them in the crates, and move them to the processing sheds. That became painfully obvious across America as the harvest season went on, especially in those areas that require concentrated hand labor, whether it was Florida, California, and the great San Joaquin Valley of California, whether it was my State of Idaho that began to see labor shortages in a variety of areas, whether it was Washington or Oregon, where many of the fresh fruits and vegetable crops simply did not get picked and apples rotted on the trees, whether it was in Kentucky, Illinois, Colorado or Michigan, it became so obvious this Congress, in its effort to pass comprehensive immigration reform, simply failed to do so. America grew angry about it, grew angry about the number of illegals in our country and the fact this Congress did little or nothing about it.

A great deal is going on. One of the reasons the labor shortages began to appear is because this Congress insisted, and the administration agreed, we put money behind the securing and the closing of our southwest border where literally a million-plus people were moving across annually into our labor market. We viewed that as untenable and irresponsible for a great nation to fail to control and secure its borders. We are doing that now. We are continuing to invest and will continue to invest in a secured border environment. But in doing that, and failing to couple with a more secure border a comprehensive immigration reform package that allows a real, honest, legal, fair guest worker program, American agriculture now hurts as they have never hurt before.
On December 4, all of my colleagues received a letter that in itself was almost unprecedented, a letter from over 400 agricultural groups around the country-not just agricultural groups but nursery groups, warehouse groups, storage groups, all of them generally agriculture related. I ask unanimous consent to have that printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows:

DECEMBER 4, 2006

Hon. LARRY CRAIG,
DEAR SENATOR CRAIG:

The organizations on the attached list urge you to support passage of a comprehensive agricultural worker program this year!

You’ve read the headlines. Food grown for American tables has rotted in American fields this year. The cause? In this case it’s not the weather. It’s something the Congress can address-labor. We need agricultural worker reform before the end of the 109th Congress. The facts are clear: on many American farms, immigrant labor plants, tends and picks the fruits, vegetables, and other crops. Immigrant workers tend the livestock-feeding the chickens, turkeys, horses, sheep, hogs and cattle and milking the cows. Immigrant workers also produce, install, and maintain the plants that make our homes, towns, and cities livable.

The current agricultural temporary worker program-known as H2A is flawed and needs reform. There is no area of the country where H2A workers make up more than 10 percent of the necessary farm workforce. In most areas, it’s far less than that. Nationally, only two percent of farm workers are provided by the unresponsive and litigation plagued H2A program. American agriculture needs a reformed H2A program that is timely, effective and streamlined, and a transition approach that allows for retaining the experienced workforce while capacity is built on the farm and at the border to support wider use of a program like reformed H2A.

Language that seeks to address the challenges specific to agriculture was included in the bill passed with a bipartisan majority in the Senate. Many House members of both parties have acknowledged the need to address immigration reform for agriculture. Polls show the American people overwhelmingly favor a common-sense approach to immigration reform including sensible foreign worker programs and earned legal status subject to strict conditions for workers currently in the country. Another fact we must point out, at this late date in the year, is that agriculture issues are rarely partisan issues. While they are sometimes regional, in this case every area of the country is affected by agricultural labor shortages and support for a common-sense solution comes from every region of the country as well. Reports in the media have told the story this harvest season: not enough workers to pick the apples in New York and Washington or the cherries in Oregon and Michigan or the oranges in Florida. One major daily newspaper showed on its front page a massive pile of pears on the ground in California- rejected by the packing house because they were picked too late due to labor shortage. Worker shortages have been reported from coast to coast, from border to border.

It is time for the Congress to act. After a decade of debate and with worker shortages now a reality, American agriculture needs your help. The sheer number and geographic representation of the organizations on the attached list show the widespread and urgent need for solving this problem. We urge you to support enactment of a comprehensive agricultural worker program, this year!

October 31, 2006

Bush Signs Fence Act

(Source: SAF)

President Bush signed the Secure Fence Act (H.R. 6061) into law on Oct. 26, which authorizes the construction of 700 miles of fencing along the U.S.-Mexico border, as well as advanced border enforcement.

Despite signing this bill, Bush has been an advocate of a "comprehensive" approach to immigration reform, which includes a new guestworker program and an earned path to legalization for undocumented workers. The president also supports creation of a better system to help employers verify documents to confirm legal status of their workers.

While most Democrats support comprehensive reform, most House Republicans have been pushing for border security first; they believe providing any path to legalization for undocumented workers will only result in more illegal immigration.

Support of Comprehensive Reform is Still Important

As the elections approach, immigration reform continues to be a top issue on many voters' minds, as well as in the political media. 

This week Rep. Doc Hastings (R-4-Wash.), whose district includes many growers suffering from the current labor shortages, initiated a "Dear Colleague" letter to House of Representatives members, titled "The Farm Labor Shortage is Real." Hastings' letter contained quotes from e-mails he received from farmers in his district, including: "This is the worst period through the years of finding and having enough workers in the farms and orchards." and "The labor shortage has hit our ranch as we had to shut our picker down tonight ... Fruit growers are panicking."
 
Hastings' letter to his congressional colleagues read, "These are just a few of the emails I have received from farmers in my district who, despite advertising and offering high wages, cannot get the workers they need to harvest their crops....Without the workers [farmers] need, crops are left to rot in the fields, farms are forced to shut down, our entire economy is harmed and we are at risk of losing our fruit and vegetable industry to foreign countries."

Agricultural businesses have been alarmed by the fact that immigration enforcement continues to be on the rise. Some growers have been raided and have lost much of their workforce. 

No matter what the election results, communication between business owners and their Members of Congress in support of comprehensive immigration reform continues to be of highest importance. If you have not recently emailed or phoned your congressional representative to help shore up support for comprehensive reform, please do so. The agriculture industry must make its voice heard to prevent legislation that would penalize employers without providing a viable solution to the current immigration and worker shortage problems.

October 5, 2006

Immigration Update

On Sept. 28, cloture on the Fence Bill passed, with a vote of 71-28 in favor of limiting debate on the measure, and the Senate is likely to vote on and pass the bill before recess, according to ANLA. The House-passed Secure Fence Act (H.R. 6061) would erect 700 miles of double-layered fencing along the parts of the U.S. border with Mexico that are considered the most "porous," while the remaining sections of the border would be under increased surveillance.

Sen. Larry Craig (R-ID) and Sen. Dianne Feinstein (D-CA) are continuing pressure to offer the AgJOBS bill as an amendment, which would create a guest-worker program for agricultural workers and allow earned legalization for our trained and trusted workforce. Senate Majority Leader Bill Frist (R-TN) wants to prevent amendments to H.R. 6061 but if AgJOBS is included, the House may not support it.

In addition, the House and Senate passed to temporarily fix the H-2B visa cap and sent legislative language to the President's desk. According to ANLA, the fix was passed as part of the Defense Authorization Bill and will allow workers who entered the country with an H-2B visa during fiscal years 2004, 2005 and 2006 to do so and not count against the 66,000 per year cap.

September 21, 2006

(Source: OFA - An association of floriculture professionals)

A Senate Grassroots Alert from Our Advocacy Partners at the American Nursery & Landscape Association.

Your Action is Needed!

The Senate appears poised to take up and pass a House bill authorizing construction of 700 miles of fences and barriers along the U.S.-Mexico border, and further studies of options to bring the rest of the southern and northern border under "operational control." The move reflects the looming elections and desire by Republicans to be positioned as the "party of security." 

This action is yet another delay of badly needed reforms that ensure the nursery and landscape industry has adequate access to a legal workforce. 

Legislative champions of broader reform, including Sens. Larry Craig, Dianne Feinstein, and Arlen Specter, have argued passionately for the need for broader reforms. However, they will likely be blocked from attaching broader reform amendments to the fence bill. 

To maintain our position in the debate, it is critical that the Senate Majority and Minority Leaders hear from business owners across the country. This is an urgent call for all to take action today or tomorrow! The fence bill may be voted on Monday. 
Instructions and message points are below:

INSTRUCTIONS:
Please spend five minutes and call the following Senate leadership offices:
Majority Leader Bill Frist - 202-224-3135 Minority Leader Harry Reid - 202-224-5556
Also, if possible, please call your own U.S. Senators

MESSAGE POINTS:

* I hear the Senate may be about to vote on a border fence bill. I support secure borders, but this is only one aspect of the problem and shouldn't be dealt with piecemeal. 

* We have a labor crisis now, [including your own story, if appropriate] and we need access to legal workers now! 

* Last May, the Senate did the right thing by passing a bill that takes a comprehensive approach to immigration reform, including the "AgJOBS" and "H-2B Cap Relief" provisions, which would solve this problem.

* The Senate should stand its ground and insist on a comprehensive approach now-not in the future.  We cannot wait until next year.

* Thank you for your leadership.

If you have any questions, please contact the American Nursery & Landscape Association at 202-789-2900.

August 28, 2006

(Source: ANLA)

ANLA Meets with US Secretary of Commerce in Colorado

Washington, DC - Washington, DC - Matt Edmundson of Arbor Valley Nursery (Brighton, CO) met with United States Secretary of Commerce Carlos M. Gutierrez this afternoon in Colorado Springs, CO, to discuss the issue of comprehensive immigration reform and the positive economic impact immigrant workers provide in the U.S. economy.  Edmundson, a member of the American Nursery & Landscape Association (ANLA), joined several other local business and community leaders in discussing the need for comprehensive reform with the senior Bush Administration Cabinet official.

"We have a broken immigration system and real labor shortages in agriculture in Colorado and throughout the United States," said Edmundson.  "Without a realistic way to retain the current labor force - much of which is feared to be unauthorized - and a plan for a future flow of temporary workers, our industry would be placed in a position where we could not meet the needs of our customers.  Without seasonal and entry level labor, there would be damaging ripple effects including the loss of American jobs felt throughout our industry and our economy."
Following up on previous visits to Atlanta and Las Vegas, Secretary Gutierrez visited the Broadmoor in Colorado Springs to meet with local business leaders in an effort to gain insights into how their businesses would be affected if Congress acts on a comprehensive immigration reform bill this year.  "In order for the U.S. to remain competitive, we must pass a comprehensive immigration reform bill this year," noted Gutierrez during the meeting.

"As an immigrant himself, Secretary Gutierrez understands the need for immigrant labor in our workforce," said Edmundson, "I'm pleased to have seen such support and understanding from the Bush Administration regarding our issues and the need for reform soon, not later."  He continued, "Business and agriculture must refocus and double our efforts on advocating for comprehensive immigration reform. This is a battle that must be won in the districts - Members of Congress need to know what the consequences of inaction will be."


Agricultural Industry to Rally in D.C. on Immigration Reform

(Source: SAF)

This election year is a critical time to drive home the importance of comprehensive immigration reform.  SAF encourages members to participate in an agricultural industry rally in Washington, D.C. Sept. 13.  Please click here to download information and a response form. SAF is an active member of one of the sponsoring groups -- the Agriculture Coalition for Immigration Reform (ACIR). If you plan to attend, please return the form to the sponsoring organization and also let us know that you plan to participate.

August 24, 2006

(Source: ANLA)

Washington, DC - Richard Sperber, President and Chief Operating Officer of ValleyCrest Companies (Calabasas, CA) met with United States Secretary of Commerce Carlos M. Gutierrez this morning in Las Vegas, NV, to discuss President Bush's plan for comprehensive immigration reform.  Joined by other local business leaders, Sperber, a member of the American Nursery and Landscape Association (ANLA), represented the nursery and landscape industry during the meeting with Secretary Gutierrez.

"I was pleased to participate in such a fruitful and lively discussion regarding comprehensive immigration reform," said Sperber.  "It's refreshing to know that our industry does in fact have advocates within our Government, who understand the need to address our broken immigration system in a comprehensive manner."

August 18, 2006

Roundtables, Lobbying Keep Immigration Debate Alive

(Source: SAF)

Secretary of Commerce Carlos Gutierrez is keeping comprehensive reform in the spotlight with two roundtable discussions later this month. Business leaders, including senior executives, company owners and association leaders, will meet Aug. 24 in Las Vegas and in Colorado Springs later in August to discuss: the effects of no reform, the current and future agriculture labor shortage, the need for seasonal labor and the potential loss of foreign-born workers who have already gained years of experience. 

While working with the administration's domestic policy staff during the August congressional recess, SAF also is expressing its voice at House hearings nationwide. Keeping agriculture and its needs at the front of this debate is the foundation that will spur action in September when Congress returns. 


You Can Help with Press Events

SAF needs your participation at an upcoming House Judiciary Committee hearing. It is important that the agriculture industry voice its concerns.   

Sept. 1: House Judiciary Committee, Chairman James Sensenbrenner, Dubuque, Iowa, 9 a.m. 

On the House side of Capitol Hill, the United Fresh Fruit and Vegetable Association will host a Sept. 13 press event, combining agriculture and the general business community. Key speakers -- who advocate SAF's commitment to enforcement and broader reforms -- include Gutierrez and Secretary of Agriculture Mike Johanns. The groups will lobby key offices following the rally. 

August 8, 2006

Agriculture Stands Up at Immigration Hearings

Sen. Larry Craig (R-Idaho) isn't giving up on the immigration debate. He told members of the Agriculture Coalition for Immigration Reform (ACIR) this week that agriculture should protest the House's immigration field hearings across the country. Why? Because the agriculture industry has been denied the right to testify at these hearings.

Craig strongly urged D.C.-based organizations to rally their members outside the hearings with placards telling agriculture's story: Crops are rotting and the shortage of labor is real. It will grow tighter as the border is further shut down. 

SAF's Leo Roozen of Washington Bulb Co. in Mt. Vernon, Wash., hopes to attend a closed-door hearing in Blaine, Wash., on Tuesday. Roozen contacted Rep. Rick Larsen (D-2-Wash.) and asked to be invited as his guest. Agriculture groups, including Washington Bulb Co., are planning to set up a table outside that hearing to distribute informational fliers giving agriculture's view on  immigration reform.

"We are squarely in the middle of the game," Craig says. "It's where we wanted to be." He's pushing for comprehensive immigration reform and highlighting the AgJOBS bill. He has distributed press clippings about crop and labor shortages nationwide to every Republican member to educate them on the reality of the situation.
The House field hearings are widely viewed as a means to delay any conference committee and therefore any resolution on a comprehensive solution on immigration.

See a partial list of meetings at http://www.safnow.org/wir/fieldhearings.pdf

SAF members are encouraged to call their representatives' and senators' district offices for additional town meetings and field hearings.

(Source: SAF)

August 3, 2006

UPDATE FROM ANLA

As the smell of jet fuel fills the air of Washington, Members of the House are now in full campaign mode as they have now enjoyed their first full week back home for the August summer recess.  The Senate; however, continues to finish up some last minute business, but will soon be out too…

Here are some highlights from the week:

• Several House hearings are taking place this week.  We were able to get an ag witness in one of them -- on August 5, at a House Resources Committee Hearing in Santee, CA, Tom Nassif, President of the Western Growers Association, will be testifying on behalf of the Agriculture Coalition for Immigration Reform (of which the ANLA is a co-chair).  At several of the others, we were able to line up business reps to participate in press conferences.
  
• The Congressional Field Hearings on Immigration Reform will continue through August into early September.  We are working to be involved in the hearings, where our story can be told from within the process, and where we can’t be in the room; we will be working on telling our story through other means (grassroots and media efforts).
  
• ANLA is going to continue to push hard throughout August, telling our industry’s story to Members of Congress in their home districts.  Focusing on comprehensive immigration reform, along with AgJOBS and H-2B relief, we will be working closely with our members and state associations to get that very important personal connection made between our industry and Members of Congress.
  
• Finally, below is an article that was in today’s CongressDaily; highlighting Agriculture’s fight in the immigration debate, and ANLA’s own role.

August 2, 2006

Congress Daily

Ag Employers Want Their Story Told In Immigration Fight

Agricultural employers are finding themselves excluded from some of the immigration hearings House committees have scheduled during the recess but are determined to get their message out that immigrant laborers are needed, a key agricultural immigration lobbyist said Wednesday.

"We are going to try to be inside the room wherever we can be inside the room, but we will also tell our story from outside the room," said Craig Regelbrugge, a lobbyist for the American Nursery and Landscape Association who chairs the Agriculture Coalition for Immigration.

Regelbrugge said the House Education and Workforce Committee and the House Resources Committee have invited agriculture representatives to testify while the House Judiciary Committee has not.

The coalition and the American Farm Bureau Federation are backing the Senate version of immigration legislation, which includes provisions to allow agricultural workers to stay in the United States with a path toward legalization and a guestworker program to supply future workers.

The House bill focuses on border security and does not have a guestworker program.

"The momentum appears in many respects to be on the crackdown side," Regelbrugge said, adding that President Bush's position backing a guestworker program might aid his side's position. "This is a new day having a president who is personally engaged and not going to back off," he said.

Farmers and other agricultural employers are expressing a "a lot of dismay, discouragement, fear and a lot of anger," Regelbrugge said of the atmosphere surrounding immigration legislation. "The industry is absolutely scared, viewing the option of going out of business," he said.

But he also said that farms, ranches and other agriculture businesses have not been directly targeted very much in the government's current crackdown on employers who hire illegal workers because the government has focused on "the most egregious violators."

Republican farmers, ranchers and other agricultural business owners are particularly frustrated at the difficulty of convincing other Republicans of the need for labor, Regelbrugge said.

Regelbrugge said public sentiment on immigration makes the time "ripe" for action the issue and that the agricultural community would prefer action sooner rather than later. But he said it still the "$64,000 question" whether Congress will act before the election, in a lame-duck session or not at all. By Jerry Hagstrom

August 1, 2006

Bridging The House And Senate Bills

Another plan that is capturing a lot of attention as a workable compromise on immigration reform is a bill introduced by two conservative members of Congress -- Sen. Kay Bailey Hutchison (R-Texas) and Rep. Mike Pence (R-Ind.). In addition to investing in border security and enforcement, it does provide for a temporary worker program called the Good Neighbor SAFE (Secured Authorized Foreign Employees) Visa program. To participate in the program, all documented workers would need to leave the United States and be processed through their country of origin to come back and continue to work. Once workers leave and come back through legal means, they will be legal.

Workers can participate in the SAFE Visa program for 12 years and then graduate to an Xchange Visa for five years with the opportunity to become a citizen. "Having the ability to become citizens is huge," Farner says. "But is it the right model for our industry? We're not sure. It seems to be an umbrella guest worker program for all industries. How will it affect our industry on the grower side and service side, which use the H2A and H2B guestworker programs?"

The most pressing matter is the exemption cap for H2B, the service side, expiring at the end of September. If the exemption is not renewed, only 56,000 H2B visas will be granted a year nationally, which will not cover the dire need. ANLA and its coalition partners are pushing to renew the exemption through 2009 to provide enough time to implement more comprehensive immigration reform.

Now is the time to contact your congressional representatives and make your voice heard on this issue. "We're going to hearings and engaging the media and members of Congress in a civil manner," Farner says. "But we're only as strong as our advocates are on the ground throughout the United States."

July 24, 2006

House and Senate Hearings Continue

Hearings being held by both the Senate and House of Representatives are making for a very shaky situation in the area of immigration reform.
"There is a very tumultuous environment right now, through July and August," says American Nursery and Landscape Association (ANLA) Senior Director Of Government Relations Craig Regelbrugge. "Anyone that is predicting what will happen is just guessing."

The business and agriculture segments have had good press, including at a hearing in Philadelphia held by Sen. Arlen Specter. Of nine witnesses at that hearing, two represented green industry interests.

Regelbrugge says there may be up to 30 House hearings, some in the field, some with the full committee present, some in front of subcommittees. ANLA is trying to place witnesses in as many as it can, even the hearings that would be considered hostile to ANLA's stance.

In the hearings Regelbrugge has witnessed, he sees "committee members that are listening intently, clearly interested and struggling with what to do."
Look for Rep. Tom Davis (R-Va.) to hold balanced hearings on the topic and more from the Senate, also. Regelbrugge's advice for seeing the immigration fight through to the end? "We've just got to live through them and make the most of them. For the hearings that are one-sided, we need to expose them for what they are."

July 28, 2006

Source: SAF
Agriculture to Make Presence at House Field Hearings During August Recess

Will the new immigration proposal introduced this week trigger some movement this summer toward a Senate-House conference committee? It's too soon to tell, but many see it as a way to begin bridging the gap between the House and Senate on immigration reform.
Sen. John McCain (R-Ariz.), who authored much of the Senate's compromise bill, says the bill that Sen. Kay Bailey Hutchison (R-Texas) and Rep. Mike Pence (R-Ind.) introduced this week has merit because it's comprehensive.

July 28, 2006

What's the bill about?

The Hutchison-Pence bill uses a three-part approach, according to a document outlining the proposal. The bill calls for:
• border-security measures, including increasing personnel, equipment, technology and barriers.
• a Temporary Worker Program (TWP) called the Good Neighbor SAFE (Secured Authorized Foreign Employee Visa) Program.
• interior enforcement, employment eligibility and employer sanctions. 
This bill, however, doesn't specifically address agriculture. And, while it doesn't increase the number of green cards issued for low-skilled workers, it requires undocumented workers to sign up for a new guest-worker program only if they report to a processing center outside the United States. 

July 24, 2006

Everybody's Talking...

Sen. John Cornyn (R-Texas), who voted against the Senate bill earlier this summer, is open to anything that will advance the immigration debate. House Majority Leader John Boehner (R-Ohio) believes the Hutchison-Pence proposal is a "contribution, a step in the right direction." He says the House is deeply invested in the enforcement-based approach to immigration. 

Democrats don't seem pleased with the Hutchison-Pence proposal, because they don't think all undocumented workers must leave the country, even for a short time.

Congressional Recess,
House Field Hearings

The House departs Friday for its summer recess and will return after Labor Day. During this time, it will hold field hearings throughout the country. As a member of the Agriculture Coalition for Immigration Reform (ACIR), SAF is working to ensure that an industry representative is present at each hearing. The coalition is requesting to testify at several other hearings. Its goal: to paint a picture of an industry at risk if Congress fails to approach immigration reform in a comprehensive way.

July 21, 2006

ANLA Immigration Reform Briefing

Hearings being held by both the Senate and House of Representatives are making for a very shaky situation in the area of immigration reform.
"There is a very tumultuous environment right now, through July and August," says American Nursery and Landscape Association (ANLA) Senior Director Of Government Relations Craig Regelbrugge. "Anyone that is predicting what will happen is just guessing."

The first week of hearings, held during the week of July 5, included a closed door hearing about border security and terrorist threats. The business and agriculture segments have had good press, however, including at a hearing in Philadelphia held by Sen. Arlen Specter. Of nine witnesses at that hearing, two represented green industry interests.
Regelbrugge says there may be up to 30 House hearings, some in the field, some with the full committee present, some in front of subcommittees. Some of the hearings are completely one-sided dog and pony shows, he says, but ANLA is trying to place witnesses in as many as it can, even the hearings that would be considered hostile to ANLA's stance.

In the hearings Regelbrugge has witnessed, he sees "committee members that are listening intently, clearly interested and struggling with what to do."

Look for Rep. Tom Davis (R-Va.) to hold balanced hearings on the topic and more from the Senate, also. Regelbrugge's advice for seeing the immigration fight through to the end? "We've just got to live through them and make the most of them. For the hearings that are one-sided, we need to expose them for what they are."

Regelbrugge says he has found the media to be open to agriculture's side of the story and respectful of the bipartisanship on the issue.

July 21, 2006

From The Oval Office

John Farner, director of legislative relations at ANLA, says President Bush has been unwavering in his stance in the debate and has tasked his cabinet to get out, talk to people about comprehensive reform and to think about how it affects each cabinet post.

A Cuban refugee himself, Commerce Secretary Carlos Gutierrez sent a recorded message to ANLA's recent meeting and thanked the group for its commitment to leadership on this issue. Gutierrez will be visiting a Chick-Fil-A restaurant in Atlanta to talk immigration reform with employees in a roundtable discussion of business leaders. Several ANLA constituents will be part of the meeting.

July 21, 2006

Possible Scenarios

"Volatility is the key word," Regelbrugge says. "Flexibility is the challenge." Going forward, Regelbrugge reports the immigration debate does have a bit more momentum at this point and says Congress may try to tackle the issue before elections.

A new dynamic in the mix is a draft bill by Rep. Mike Pence (R-Ind.) that is a no amnesty plan, proposing all illegal immigrants return to their countries of origin. The bill is a conversation shifter, with a major Republican figure standing up for a comprehensive reform plan. It has been attacked viscously by others in his party.

The level of focus and resolve on the issue is as high as it's ever been and it should only grow through the end of the summer. The issue strikes those in the agriculture industry at an emotional level, which is being communicated to committee members through ANLA witnesses at hearings.

"These workers aren't labor, they're family," says Regelbrugge. "They share in joys and sorrows. The only way to change people's minds on this issue is one on one."

July 14, 2006

Source: SAF

States Enact Immigration Reform Laws, Senate in Line

Thirty-three conservatives signed a statement in an op-ed in the Wall Street Journal earlier this week, including Jack Kemp, George P. Shultz, Jeanne Kirkpatrick, Lawrence Kudlow, and J.C. Watts among others: "Some counsel that Congress should start with tougher enforcement and borders security, but wait to create a guest-worker program or address the illegal population. Only that way, it is said, can we avoid the mistakes of the failed 1986 immigration reform. But in fact, the lesson of 1986 is that only a comprehensive solution will fix our broken immigration system." 

But, as the public's concerns about illegal immigration increase and Congress continues to debate the issue, states are passing their own laws to make it difficult for illegal immigrants to work and for businesses to employ them.

This year, states have enacted 44 bills concerning illegal immigrants, according to the National Conference of State Legislatures and the Society for Human Resource Management. Georgia, Colorado and Pennsylvania have enacted laws that sanction employers, and Louisiana and Tennessee may follow.

The law in Georgia requires state and local government employers to: 1) register and participate in the federal government's Basic Pilot electronic work authorization verification program and
2) do businesses with service contractors who participate in the program.

The federal Basic Pilot program allows participating employers to enter new hires' I-9 forms into a computer to match it with the databases of the Social Security Administration and the Immigration and Naturalization Service. But the system has some well-documented shortcomings.

In Colorado, public employers are barred from working with contractors who knowingly employ illegal immigrants.

In Louisiana, Senate Bill 753, which is still pending, authorizes the state attorney general or local district attorney to issue a cease and desist order against any employer with 10 or more workers, who has undocumented workers in the workforce.

Would states have developed these measures if Congress had not been deadlocked on the issue for so long? Most say no.

June 24, 2006

Possible Scenarios

"Volatility is the key word," Regelbrugge says. "Flexibility is the challenge." Going forward, Regelbrugge reports the immigration debate does have a bit more momentum at this point and says Congress may try to tackle the issue before elections.

A new dynamic in the mix is a draft bill by Rep. Mike Pence (R-Ind.) that is a no-amnesty plan, proposing all illegal immigrants return to their countries of origin. The bill is a conversation shifter, with a major Republican figure standing up for a comprehensive reform plan. It has been attacked viscously by others in his party.

The level of focus and resolve on the issue is as high as it's ever been and it should only grow through the end of the summer. The issue strikes those in the agriculture industry at an emotional level, which is being communicated to committee members through ANLA witnesses at hearings.

"These workers aren't labor, they're family," says Regelbrugge. "They share in joys and sorrows. The only way to change people's minds on this issue is one on one."

June 21, 2006

Dept. Of Homeland Security Issues New Enforcement Regulations

A Fact Sheet, Press Release and Talking Points/Q&A page from the Department of Homeland Security concerning immigration enforcement can be found at:
http://www.greenhousegrower.com/benchrunner/

June 16, 2006

(Source: SAF)
Doubts Rise on Comprehensive Immigration Reform Deal Lawmakers on Capitol Hill are uncertain whether Congress can pass a final immigration reform bill this year. House Majority Leader John Boehner (R-Ohio) says if comprehensive immigration reform legislation is going to pass this year, it's got to happen in the next six weeks -- and that's his goal. (The House recess is July 21 to Sept. 5, and the Senate recess is Aug. 7 to Sept. 4.)

Congress in Limbo
The House and Senate have passed two vastly different immigration reform bills. Last December, the House passed its "enforcement-only" bill (HR 4437). In May, the Senate passed the "Comprehensive Immigration Reform Act of 2006," (S. 2611), a strong bipartisan bill with a path to permanent legal status for undocumented workers, a temporary guest-worker program and an employee verification system. The next step is a House-Senate conference, when the two chambers will reconcile. At press time, conferees had not been named.

At press time, movement has stalled because the Senate bill contains revenue-raising provisions. By constitutional law, tax bills must originate in the House, not the Senate. Senate Majority Leader Bill Frist (R-Tenn.) has solved the latest roadblock, but Senate Minority Leader Harry Reid (D-Nev.) continues to delay the process.

Speaker of the House Dennis Hastert (R-14-Ill.) and Boehner have decided against holding further hearings on the Senate bill, in order to expedite the conference and finish work on the bill before the August recess, which is six weeks away.

Meanwhile, Labor Shortage Grows
An estimated 70 percent of the agricultural workforce is undocumented, and the Agriculture Coalition for Immigration Reform (ACIR) reports growing labor shortages across the country. Losing the agriculture workforce, and in turn production, would have a direct impact on the U.S. economy.

SAF growers continue to express concerns about  the House's emphasis on only border security and the increasing scarcity of labor.

U.S. Secretary of Agriculture Mike Johanns last week addressed the California Farm Bureau, which, along with SAF and American Landscape & Nursery Association (ANLA), supports the Senate-passed bill. He said the Bush administration remains firmly committed to comprehensive immigration reform and is pressing for a resolution: "This administration is very, very committed to getting to the finish line."

"For every ag job we lose, we also lose three to four other related jobs," Johanns said. "Many individuals like those who are involved in the packaging, transportation and marketing of the agricultural products depend on agriculture for a living."

June 16, 2006

Congressional Update
(Source: ANLA)
Little public progress has been made relative to naming conferees, or scheduling a conference committee. This lack of progress reflects the extreme divisions among House Republicans. In essence, we see them falling into three camps: 
The first are the "No Bill Needed" Republicans. They would be happy going home to campaign for November on the premise that they have voted to increase funding for enforcement, and have blocked the "evil Senate amnesty bill."    

The second are the "We Need a Bill, But..." Republicans. They feel lack of legislative progress could hurt Republicans, but they would prefer to pass a bill before November that only deals with enforcement, or perhaps border efforts only. 

The third are the "Comprehensive Reformers." They believe that the vast majority of Americans support a comprehensive approach, and that the politics are good for Republicans, especially over the longer term. 

Earlier this week, Speaker Hastert floated a trial balloon suggesting House hearings. Most viewed this as a delaying tactic. By the next day, Hastert had retreated somewhat. On Tuesday, we attended an event where Majority Leader Boehner spoke. Boehner has suggested that the issue should be dealt with this summer, but blamed Harry Reid and the Democrats for stalling. 

The environment will continue to be very volatile over the next couple weeks, as competing factions jockey for position. Our view is that if real progress is not made by the end of July, prospects dim for action before November. Still, the pressure to do something is strong.

Meanwhile, on the H-2B front we're looking at all options for cap relief extension.  There is a chance that a pending appropriations bill could serve as a vehicle. 

Administration
Last week, Agriculture Secretary Johanns did three stops in California's Central Valley. ANLA was asked to help coordinate the events, and we had representation at the Fresno and Sacramento stops. This was part of the Administration's ongoing effort to garner pro-comprehensive-reform media. It was a major success. 

On a more ominous note, the Department of Homeland Security has published regulations dealing with Social Security no-match letters. While the regs as proposed do not really contain new employer obligations, they are a "tightening of the noose" for green industry employers who have received no-match letters over the years (and most have). The proposed rule and background points are posted at www.anla.org

June 15, 2006

June 9, 2006

(Source: ANLA)

United States Secretary of Agriculture Mike Johanns met with more than 40 leading growers, producer associations, and local politicians at a June 8 immigration roundtable in Fresno, California. It was the first of two stops in the state. Johanns opened the meeting by noting that "California is a state where immigration can be highlighted because of its need for a workforce. One-fourth of farm labor payroll of the nation is here in California."

Farmers who attended the event expressed their anger with Congress' failure to address immigration reform in a thoughtful and forward-looking way. The lack of action has led to a worsening reality in the fields, with an estimated 70 percent of the labor force estimated as lacking proper legal status, and growing labor shortages being reported across the country. "This issue has been around for a long time. It has been the can kicked down the street for too long. The President knows that we need a comprehensive solution to solve it," responded Johanns. 

May 31, 2006

In a show of bipartisan support, the Senate passed the Comprehensive Immigration Reform Act of 2006 with 22 Republicans, 39 Democrats and 1 independent voting for the bill. The bill now heads to a conference committee with the House, which is unlikely to act before the 2006 election cycle. Despite attempts from opponents to break up or kill off the AgJOBS component of the bill, the coalition held and AjJOBS survived completely intact. AgJOBS is important for the green industry as it allows currently undocumented farm workers to earn legal citizenship through labor. The bill also creates a temporary worker program and requires a verification system for employers, as well as tightening border security. See how your Senators voted at

http://www.senate.gov/

May 10, 2006

(Source: Society of American Florists – SAF)

Senate Likely to Pass Comprehensive Immigration Reform The Senate is expected to pass an immigration bill this week that would strengthen national security and create a guest-worker program. The legislation, known as the Hagel-Martinez-Specter compromise (S. 2611), keeps comprehensive reform intact despite senators batting down several amendments that would fracture key components to comprehensive reform.

"SAF applauds the Senate for recognizing the importance of tying a guest-worker program with border security," says Jeanne Little, SAF's senior director of government relations. "SAF and its members have a willingness to be part of a workable verification system and are supportive of Immigration and Customs Enforcement efforts to pursue willfully negligent employers."

If the Senate passes this bill, the House and Senate would meet to negotiate a compromise bill. In December, the House passed an enforcement-only bill that makes illegal immigrants felons, cracks down on employers who hire illegal immigrants and beefs up border security. It does not offer a path to citizenship or a guest-worker program.

House Majority Leader John A. Boehner (R-Ohio) told Washington Post reporters yesterday: "You all know how far apart these two bills are, and how far apart the American people's opinions are. So trying to find a pathway that is acceptable to the House and Senate is going to be very difficult."

May 19, 2006

Amendment-A-Thon Rages In U.S. Senate

The immigration compromise that is currently being debated in the U.S. Senate is holding together despite attempts by competing, anti-immigration interests to gut the bill, or amend it so as to divide support and halt its progress. With the terms set forth by Senate party leaders Bill Frist and Harry Reid allowing for open debate, those following this issue closely have witnessed what American Nursery and Landscape Association's John Farner calls an "amendment-a-thon."

Many of these amendments have been proposed by opponents of the bill, such as the recently passed amendment reducing the number of H-2C visas given out per year from 325,000 to 200,000. "The White House is disappointed with this setback, as are we, but that doesn't mean we're going to stop supporting the bill," asserts Farner. "We understand, as does the President, that we've got to give these people a reason to come out of the shadows."

Another such amendment, sponsored by Republican Senator John Kyl of Arizona struck at the heart of the "dual intent" provision of the bill, but was successfully defeated by a two-thirds majority. This amendment was designed to ensure that workers who apply for the H2C blue-card program - temporary workers - would then be disallowed from applying for a green card and attempting to earn legal permanent residency.

"Right now, the legislation allows someone to come in as a guestworker, but they can also apply for legal permanent residency and citizenship," comments ANLA's Craig Regelbrugge. "This is still subject to the numeric limitations that are imposed on these programs and is no guarantee of anything." Calling it a "make or break issue" for this bill, Regelbrugge asserts that "if it (the Kyl amendment) had passed last night, the coalition would have broken up and the bill would be dead."

The next vote is scheduled for 5:30 PM Monday, May 22, 2006, and will concern an amendment proposed by Sen. Saxby Chambliss, Republican from Georgia and chairman of the Senate Agriculture Committee, in which a "prevailing wage" law is applied to the immigration bill. This amendment is particularily dangerous, says Regelbrugge, because of the effect it will have if passed on the economic reality of agricultural businesses, where improperly documented laborers make up 50 to 70 percent of the workforce.

The "prevailing wage" is here defined as the 51st percentile of the wages in an area for a particular job.

"Getting to a prevailing wage is our long-term legislative goal, but we get there differently," Regelbrugge points out. "Any employer who employs ‘adjusting workers' - workers who come forward and get their legal identity established - must pay them at least the prevailing wage." This is an important difference with AgJobs, explains Regelbrugge, because AgJobs treats these employees as ‘domestic workers' who can be paid at competitive market rates determined by the employer.

"If this were a small group of people, the consequences of having the prevailing wage as the minimum might not be so severe, but in Ag, this is 50 to 70 percent of the workforce. If you drop 50 percent of the wage structure out, and the middle (wage) becomes the minimum, guess what happens next year when you do your averaging? It (the minimum) goes through the roof, and each year this cycle feeds on itself, creating an inflationary and unsustainable impact on wages in agriculture."

Speculation exists that this is an attempt to divide mechanized row crop farmers from labor-intensive farmers, or to make the immigrant workers economic "untouchables." As Regelbrugge explains, "Nobody's going to want to hire them because as soon as they do, their entire wage structure skews upward. The workers won't then be able to find a job and fulfill the work requirements of the bill, and be forced to go home."

It is especially crucial that the agricultural community get involved in activism on this issue at this point in history, asserts Farner, because time is running out fast and, with the House bill focused solely on enforcement, the Senate holds the best hope for comprehensive and reasonable immigration reform. "What we're going to see next week is Senator Frist invoking cloture, which will bring up a vote for final passage," says Farner.

Brad Kenney

May 15, 2006

(Source: American Nursery and Landscape Association.)

SENATE IMMIGRATION REFORM DEBATE SET FOR MAY 15

Now May Be Last Chance for You to Contact Senators!

Senate Republican and Democrat leaders have reached an agreement to proceed with the immigration debate. The Senate will take the issue up on Monday, May 15. The bill they will debate is S.2611, the Specter-Hagel-Martinez compromise. S.2611 combines border and interior enforcement, a future temporary worker program, and ways for most improperly documented immigrants in the U.S. to earn legal status. While the bill itself is over 600 pages and very complex, it contains four provisions of extreme importance to nursery, greenhouse, and landscape businesses:

• The provisions of the Agricultural Job Opportunity, Benefits, and Security Act of 2006, or AgJOBS. AgJOBS overhauls the broken H-2A guest worker program, and allows experienced farm and nursery workers to earn legal status subject to strict conditions including years of future work in agriculture.
• A three-year extension of the temporary H-2B program cap relief Congress passed last year. This provision will expire in September unless Congress extends it.
• A future temporary worker program known as H-2C, which allows employers access to foreign workers for jobs not eligible under H-2A or H-2B.
• A way for most experienced but improperly documented workers in the landscape and other non-agricultural sectors to earn legal status subject to strict conditions.

The Senate hopes to pass legislation before Memorial Day. It will be a fierce and difficult battle. All members of the green industry should press their Senators to pass S.2611, with the AgJOBS and H-2B provisions intact. Urge Senators to oppose any amendments that will damage the bipartisan bill. A sample letter is attached.
To maximize the industry's voice, empower your employees to send letters of their own. And, share this ANLA Legislative Alert with other colleagues in the business who may not have seen it directly.

If the comprehensive bill does not receive enough support, the Senate could vote on an enforcement-only bill that would make our broken immigration system even worse. Or, they could fail to act at all, exposing businesses to raids and audits without a means of ensuring a legal workforce. Act immediately by sending an email or a fax on your letterhead to your two US Senators. You may also call the Capitol switchboard at 202/224-3121 and they can transfer you to your Senators' offices.

May 10, 2006

(Source: Society of American Florists)

Comprehensive Legislation Hovers in Senate On the eve of Cinco de Mayo President Bush hosted a celebration in the White House to celebrate Mexican heritage and culture. But it wasn't all just singing and dancing. Bush also reiterated his call for immigration legislation during the festivities, saying "I support strengthening our borders, and I support a temporary-worker program that would match willing workers with American employers."

With the Bush administration's backing, comprehensive immigration reform legislation is poised for more attention in the Senate. Congress expects a contentious debate on the Hagel-Specter-Martinez compromise bill the week of May 15.

"The current system is broken; essentially, we have an open border and no accountability for undocumented workers," said Sen. Mel Martinez (R-Fla.), the bill's co-sponsor, during the recent congressional recess. "The status quo is unacceptable. We must find a workable policy, one that deals with border security and with the approximately 11 to 13 million persons currently living illegally in our country. The Hagel-Specter-Martinez compromise legislation addresses these issues, provides a strong border and does not reward those that have broken our laws."

This week, SAF and other supporters of the Agriculture Coalition for Immigration Reform (ACIR) continued to meet with members of Congress to push the Hagel-Specter-Martinez bill, which includes AgJOBS. They also wrote to Senate Majority and Minority Leaders Bill Frist (R-Tenn.) and Harry Reid (D-Nev.), urging the Senate to pass legislation that includes workable provisions for agriculture, such as a guest-worker program and a path to earned legalization.

Contact your senators. Let them know you support the Hagel-Specter-Martinez compromise bill, S. 2611.

The upcoming debate comes on the heels of the May 1 nationwide immigration boycott. See how industry members fared during one of the busiest shipping times of the year at
http://newsmanager.commpartners.com/safwed/issues/2006-05-03.html

May 5, 2006

(ANLA Immigration Briefing)

The American Nursery and Landscape Association (ANLA) got a lot of feedback on the Day Without Immigrants boycott from its members. The experience was all over the map for nursery and landscape company owners. In a couple of cases, up to 90 percent of workers did not show up for work. A good number reported between 40 and 60 percent absenteeism and some had no absences at all.

ANLA's Craig Regelbrugge commented that this event has many teachable moments that nursery and landscape company owners took advantage of. One nursery near Columbus had a talk with its staff before the May 1 event, explaining why the issue of labor is important, especially during this spring season. The company sent six staff members to meet with a local Congressman to give a personal view on the issue.

"It was a neat way to show good faith and how committed the company is to solving the problem," Regelbrugge says. The same goes for letter writing campaigns that some companies reported.

What was the reaction on Capitol Hill to the protests? Regelbrugge says he doesn't get the feeling that they changed any Senators' minds on the immigration issue, but they could actually be seen as damaging to the public's support of the immigration movement.

"We do feel there is some risk when the dialog turns to people demanding things," he says. "It turns people off when the protests drift towards a demand for justice."

Behind The Scenes
Senators Bill Frist and Harry Reid are still talking about the best way to bring the immigration debate back to the Senate. The issues are how to deal with the many proposed amendments to the legislation and what a conference committee would look like, should a comprehensive bill pass the Senate. ANLA says that the debate could be taken up by May 15th. Debate on health care plans should be up this week.

Enforcement Raids
Rumors have been flying about more enforcement raids by the Department of Homeland Security, which says that the focus of raids have been on companies that are egregious