COMPREHENSIVE IMMIGRATION REFORM FOR AMERICA’S
SECURITY AND PROSPERITY ACT OF 2009

Introduction

On December 15, 2009, Representatives Solomon Ortiz (D-TX) and Luis Gutierrez (D-IL) introduced the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) (H.R.4321). 

Background

The horse industry relies on many semi-skilled and entry-level foreign workers to satisfy the agricultural and non-agricultural employment needs of the horse industry.  Horse breeders, ranchers, training facilities, horse shows, trainers and others depend on seasonal and long-term foreign workers to fill labor demands not filled by American workers.  Additionally, many employers in the horse industry have been concerned that without comprehensive immigration reform that will allow them to legitimize their current workforce and meet their labor demands, the industry could be put in an untenable economic position. 

The Bill

This is a large, comprehensive bill concerning every aspect of the immigration issue including border security, worker verification, visa reform and earned legalization for undocumented aliens.    

The legislation is very complex and includes provisions that could be burdensome to the horse industry, such as a new worker verification system and changes to the H-2B temporary alien worker program.

Currently, the horse industry uses the H-2B temporary worker program to fill nonagricultural jobs.  Unfortunately, this bill would not raise the current cap that limits H-2B visas to 66,000 a year.  This cap is often met very quickly leaving many employers without an adequate workforce and is one of the major problems with the H-2B program.

The current H-2B program requires American business to go to great lengths to recruit American workers first and includes many protections for H-2B workers.  This bill would mandate even stricter requirements for recruitment of American workers and strengthened protections for H-2B workers.

The bill would also require the establishment of a new worker verification system, but it is unclear what that system will be.

All of these provisions could create additional costs for the industry and make a temporary worker system that is already burdensome and costly unusable.

The Bill does include some provisions that are supported by the horse industry, most notably AgJOBS.  AgJOBS would alleviate many of the labor issues facing the agricultural segments of the horse industry that use H-2A workers such as horse farms.
Additionally, the bill would allow undocumented aliens, their spouses and children apply for temporary nonimmigrant status, after they complete a criminal and security background check and pay a $500 fine plus application fees.  During this time they would be able to stay in the United States and work.           These individuals would be eligible to apply for permanent residence six years from the date the bill is enacted.

Due to the complexity of this legislation the AHC is continuing to analyze the bills potential impact on the industry. 

Status

As the last three Congresses have shown, immigration reform will be difficult to pass. The House is expected to wait for the Senate to take action on  immigration this spring before it moves forward on this or any other immigration legislation.  This bill is likely to be just one of many comprehensive immigration bills that will be introduced and debated in the coming months if and when Congress takes up this issue.

This bill has been referred to nine House committees, Judiciary, Homeland Security, Armed Services, Foreign Affairs, Natural Resources, Ways and Means, Education and Labor, Oversight and Government Reform, and House Administration.

AHC Position

The AHC supports some portions of this bill such AgJOBS. However the AHC does not have a position on the broader bill at this time.