Congress Wrestles with Immigration Reform

Congress returned from its Spring recess on April 25 to a plate heaping with legislation. But perhaps the most difficult issue, and the one with the most potential for political heartburn, is immigration reform.

Immigration, and particularly what to do with the estimated 12 to 15 million illegal and undocumented workers in the U.S., may be the most contentious that Congress has tried to deal with in many years. Not only do the Republicans differ with the Democrats on whether border security must be strengthened first and on how to handle illegal aliens, but there are also splits within the parties over what to do. Indeed as this Newsletter went to press, the Senate was debating its legislation and had set aside two weeks, a long time legislatively, for the controversial measure.

“The issue of comprehensive immigration and guest worker reform is important to the horse industry,” said Jay Hickey, President of the American Horse Council. “Horse breeders, ranchers, training facilities, horse shows, trainers and others depend on seasonal and long-term foreign workers to fill labor demands not met by American workers. We need workable programs, not only for our H-2A agricultural workers, but also for our H-2B non-agricultural workers. Many employers in the horse industry also see comprehensive immigration/guest worker reform as a way to legitimize their current workforce and meet their labor demands.”

House-Passed Bill

Last December, the House of Representatives passed “The Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005.” That bill takes an “enforcement first” approach to the immigration issue, providing for tighter border control, stricter enforcement to deal with illegal and undocumented alien workers, and harsher penalties on American employers that hire them. The bill does not include provisions dealing with the status of the millions of undocumented aliens in the U.S. or changes to the programs available to employers to hire alien workers.

“The enforcement-only approach adopted by the House bill could have adverse affects on the horse industry and those local communities dependent upon their business,” said Hickey. “The AHC supports border security, but we are concerned that an ‘enforcement first’ approach may overwhelm the attempt at needed, broader reform.”

Senate Debates Broader Reform

Fortunately, the Senate is considering broader legislation that attempts to deal with the illegal and undocumented aliens in the U.S. In mid-March, the Senate considered several bills for nearly two weeks, but left Washington for Spring recess unable to vote on any. Although Senate leadership thought it had support for a bi-partisan reform bill, the Democrats raised procedural issues and blocked final consideration. The Senate has now returned and agreed to procedures to consider the legislation. It is in the midst of a two-week debate that has been heated at times.

The starting-point for the Senate debate are the Judiciary Committee-approved bill put together by Committee Chairman Arlen Specter (R-PA) and the Hagel-Martinez-McCain compromise, cobbled together by Senators Chuck Hagel (R-NE), Mel Martinez (R-FL) and John McCain (R-AZ).

Both of these bills include provisions to strengthen enforcement, such as hiring more border patrol agents, using new technologies, like tamper-proof identification cards to replace social security cards, and increasing penalties on employers who hire illegal aliens. But they also include measures to allow undocumented workers to “legalize” their status and work their way toward permanent residence and citizenship, along with changes to the current programs for the admission of new temporary alien workers.

Both bills also would initiate a new guest-worker approach with a new H-2C category for year-round workers who could be admitted for up to three years. Although this program is primarily for non-agricultural workers, it is possible it could be used for jobs in agriculture that are not seasonal or temporary. Many jobs in the horse industry fit into that category.

Both bills also include an extension of the current H-2B program for three additional years. That program was amended last year to provide that returning foreign workers, who had been admitted previously under the H-2B program, would not be counted against the cap of 65,000 annually.

Agricultural Provisions Included in Both Bills

Importantly, both bills now include the AgJOBS bill, introduced by Senator Larry Craig (R-ID) and included in the Judiciary Committee bill be Senator Dianne Feinstein (D-CA). That bill has been supported by the agriculture industry for some time and includes some favorable changes. These new provisions would amend the current labor certification process and replace it with an expedited process to hire foreign workers in the H-2A category, the workers used in the agricultural segment of the horse industry.

The bills being considered would also allow aliens who have been doing agricultural work in the United States, but do not have valid documentation, to earn adjustment to legal status by meeting specific agricultural work requirements. The adjustment provisions would provide an opportunity for agricultural employers, including horse farm employers, to retain an experienced workforce while also using a revamped H-2A program. Entitlement to use the program would require an alien worker to show he or she had been employed and was committed to continue to work in agriculture for a period of years before they could earn permanent residency or citizenship.

An Ongoing Debate

The Senate will continue to consider this immigration package with the hope of passing some bill prior to the Memorial Day recess. That is what the President requested. But many amendments, including some that would trim the provisions supported by agriculture, will be offered and voted on before a final package is considered. And even if the Senate can pass a broad immigration reform bill, a final bill would have to be put together by a conference committee made up of members of both the House and Senate and presented for another vote by Congress before going to the President. And all of this is in the face of strong opposition to a broader approach by the House of Representatives, which feels that stronger enforcement provisions must be passed before broader reform can be considered.

What is going to happen? “’Reform’ is still a long way off,” said Hickey. “An immigration bill, whether it is only enforcement, reform or a combination, will continue to be hotly-debated. It is impossible to predict what Congress will ultimately do in this an election year. But at least this important issue if getting a lot of national focus now.”