Immigration Reform:
Implications for Farmers
Craig J. Regelbrugge
Co-chair, Agriculture Coalition for Immigration Reform
VP, Govt Relations and Research
American Nursery & Landscape Assn.
cregelbrugge@anla.org
ACIR
Ad-hoc coalition
comprised of over
300 organizations that
represent laborintensive crop and
livestock producers
 Employer side of the
AgJOBS coalition
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Some active ACIR participants
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AMERICAN AGRI-WOMEN
AMERICAN FROZEN FOODS INSTITUTE
AMERICAN HORSE COUNCIL
AMERICAN MUSHROOM INSTITUTE
AMERICAN NURSERY & LANDSCAPE ASSN
AMERICAN SHEEP INDUSTRY ASSOCIATION
DAIRY FARMERS OF AMERICA
FARM CREDIT EAST
NATIONAL ASSOCIATION OF STATE
DEPARTMENTS OF AGRICULTURE
NATIONAL CATTLEMEN’S BEEF ASSOCIATION
NATIONAL CHRISTMAS TREE ASSOCIATION
NATIONAL COUNCIL OF AGRICULTURAL
EMPLOYERS
NATIONAL COUNCIL OF FARMER COOPS
NATIONAL FARMERS UNION
NATIONAL GREENHOUSE MANUFACTURERS
ASSOCIATION
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NATIONAL MILK PRODUCERS FEDERATION
NATIONAL POTATO COUNCIL
NEW ENGLAND APPLE COUNCIL
NISEI FARMERS LEAGUE
NORTH AMERICAN HORTICULTURAL SUPPLY
ASSOCIATION
NORTHWEST HORTICULTURAL COUNCIL
PRODUCE MARKETING ASSOCIATION
SOCIETY OF AMERICAN FLORISTS
TURFGRASS PRODUCERS INTERNATIONAL
UNITED EGG PRODUCERS
UNITED FRESH PRODUCE ASSOCIATION
U.S. APPLE ASSOCIATION
WESTERN GROWERS
WESTERN RANGE ASSOCIATION
WINEAMERICA
WINE INSTITUTE
Immigration: The Perfect Storm
Down on the Farm…
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Most workers lack proper legal status
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50 to 75% are unauthorized
2 to 4% come via only legal program, H-2A
Recession isn’t changing the fundamentals
“Culture of Agriculture”
Immigration enforcement continues
◦ ICE I-9 audits happening at record pace
◦ State, local laws: “Death by 50 (or more) cuts”
Beware the
Ides of
March…
New H-2A Regulations
A program that is headed for failure
 Current users face wage and liability
increases, more recruitment costs, more
bureaucratic processes and greater DOL,
SWA discretion
 Some are abandoning program
 Litigation: tried, failed
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Best Way Out?
An Act of Congress….literally
 Strategic Question:
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¿Can we “harness the destructive
energy of the perfect storm” to good
effect for the future of U.S. agriculture
and horticulture?
AgJOBS (S.1038, H.R.2414)
Negotiated compromise reflecting years
of careful negotiations
 Extensive H-2A program reform, and
earned legal status for experienced
farmworkers
 Broad bipartisan support
 Best hope for ag employers going forward
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Legislative Scenarios
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‘Comprehensive’ happens this year…
◦ A bridge too far
A ‘down payment’ bill moves this year…
 Nothing happens this year…
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Comprehensive…
If comprehensive bill comes together, it
will feature reforms of AgJOBS
 Time and momentum running out
 Slim shot at a bill moving in a “lame duck”
session
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Narrower “Down Payment” Bill
AgJOBS could be at heart of a smaller bill
that seeks step forward
 Legislative action could happen later in
June, July, or possibly lame duck session
 Agriculture has essentially made its case,
and AgJOBS has prospect of bipartisan
support
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Nothing Happens
If nothing happens this year, be prepared
to live with the Obama
Administration’s H-2A rule for the
foreseeable future
 2011 and 2012 look bleak. Don’t bet the
farm on an “AgJOBS renegotiation”
bearing fruit
 Next shot at reform may not materialize
until 2013 or 2015
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AgJOBS and Farm Wages
AgJOBS as written would mean real and
lasting wage relief for H-2A user growers
 An alternative wage formula for AgJOBS
has been discussed, and can be achieved if
ag interests were to unify and bring new
political support to the bill
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If AgJOBS Had Passed in 2007
YEAR
NC AEWR*
AGJOBS*
SAVINGS/HR
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2010
9.34
7.53
1.81
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2011
9.69
8.78
0.91
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2012
10.06
9.01
1.05
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2013
10.44
9.24
1.20
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2014
10.84
9.48
1.36
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2015
11.25
9.73
1.52
* AEWR based on long-term average annual increase of 3.8%. AgJOBS
wage based on long-term average annual increase in CPI of 2.6%
Another Alternative
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Disaggregate USDA-NASS Farm Labor
Survey results by state, type of work
◦ Crop worker; livestock worker; equipment
operator; first-line supervisor; grader and
sorter
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Estimated current wage under this system
would be roughly $8.50
Why the “Minimum Wage +” Dog
Won’t Hunt
The Sad Truth
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We cannot trust either political party
◦ Democrats may opt to hold agriculture
hostage rather than push to solve the
problem now
◦ Republicans will promise us a better deal…if
we just wait. Yet even if November’s elections
bring a political tsunami, the reality remains:
President Obama would veto an H-2A bill
that is staunchly opposed by organized labor
What This All Means for Farmers…
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Those using H-2A either unify behind
AgJOBS, or face at least several more years
of the worsening status quo
Those not using H-2A are one I-9 audit away
from chaos
Failure to achieve reform is leading to:
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Decisions to scale back, switch crops, sell out
Next generation leaves farming
More imports
Lost US jobs in upstream/downstream economy
(3:1)