2021: Fitzpatrick Voted To Provide Eligible Undocumented Workers A
Pathway To Apply For Certified Agricultural Worker Status And Eventually
Permanent Residency Status. In March 2021, Fitzpatrick voted for the
Farm Workforce Modernization Act of 2021 which would, according to
Congressional Quarterly, "allow certain undocumented agricultural
workers in the United States to apply for certified agricultural worker
status and subsequently permanent residency status [...] The bill
would allow undocumented agricultural workers who have worked for at
least 180 work days in the previous two years and lived continuously in
the U.S. since that time to apply for certified agricultural worker
status, which would allow them to continue working in the U.S. for five
and a half years. It would also allow such individuals to eventually
apply for legal permanent resident status (a green card), if they have
worked in agriculture for at least 10 years prior to enactment and at
least 4 years as a certified agricultural worker, or for at least 8
years as a certified agricultural worker." The vote was on passage. The
House passed the bill by a vote of 247-174. The Senate did not take
substantive action on the bill. [House Vote 93,
3/18/21; Congressional
Quarterly, 3/18/21;
Congressional Actions, H.R.
1603]
With Approximately 1 Million Undocumented Farm Workers Residing In
The U.S., The Legislation Would Offer Them, Their Spouses And
Children A Pathway To Legal Status. According to Congressional
Quarterly, "The legislation would expand the H-2A visa program that
provides agricultural employers with temporary foreign workers while
offering undocumented farm laborers, spouses and minor children
already in the U.S. a path to legal status. About half of all farm
workers, an estimated 1 million people, are in the country
illegally." [Congressional Quarterly,
3/18/21]
The Bill Would Create A System For Farm Workers To Acquire
Temporary Status And Followed By The Option To Seek Permanent
Residency. According to NPR, "The House also approved the Farm
Workforce Modernization Act, which would establish a system for
agricultural workers to earn temporary status with an eventual
option to become a permanent resident." [NPR,
3/18/21]
Agriculture Workers Who Have Worked In The Industry For At Least
180 Days Over The Last Two Years Would Be Able To Apply For
Certified Agricultural Worker Status And Seek Renewals. According
to Vox, "The bill would give farmworkers who have worked in
agriculture for at least 180 days over the past two years the
ability to apply for 'Certified Agricultural Worker' status, which
can be renewed in six-month or five-year increments if they continue
to work in agriculture for at least 100 days a year." [Vox,
3/18/21]
Long-Term Farm Workers Would Be Offered A Pathway To Permanent
Residency, Which Would Require At Least Four More Years Of Work
Experience In The Agriculture Industry And A $1,000 Fee.
According to Vox, "It also offers long-term farmworkers a path to a
green card, which requires at least four more years of experience in
the industry and a $1,000 fee." [Vox,
3/18/21]
Congress Has Been Struggling On How To Address Agricultural Labor
Shortages And Decrease Dependence On Undocumented Workers.
According to Vox, "Congress has been wrestling with how to respond
to labor shortages in agriculture and reduce the industry's reliance
on undocumented workers ever since." [Vox,
3/18/21]
The Bill Would Prevent DHS From Deporting Eligible Undocumented
Farm Workers Before They Are Able To Apply For The Bill's Program,
Require DHS To Create A Grant Program For Non-Profits To Help
Eligible Workers With Their Applications, And Provide Hardship
Waivers For Certain Workers. According to Congressional Quarterly,
"Among other provisions, it would prohibit DHS from removing
individuals who appear eligible for a status under the bill's
provisions before providing them an opportunity to apply; require
DHS to establish a grant program for nonprofit organizations to
assist eligible individuals in the application process; and provide
for hardship waivers for workers unable to fully satisfy lawful
permanent residence work requirements due to age or disability."
[Congressional Quarterly,
3/18/21]
2021: Fitzpatrick Effectively Voted Against The Farm Workforce
Modernization Act Of 2021. In March 2021, according to Congressional
Quarterly, voted for the "Fischbach, R-Minn., motion to recommit the
bill to the House Judiciary Committee." The vote was on a motion to
recommit. The House rejected the motion by a vote of 204-218. [House
Vote 92, 3/18/21;
Congressional Quarterly,
3/18/21; Congressional Actions,
H.R.
1603]
2021: Fitzpatrick Effectively Voted Against The Farm Workforce
Modernization Act. In March 2021, according to Congressional
Quarterly, Fitzpatrick voted against the "adoption of the rule that
would provide for House floor consideration of a joint resolution
removing the deadline for the ratification of the equal rights amendment
(H J Res 17), the Violence Against Women Reauthorization Act (HR 1620),
the American Dream and Promise Act (HR 6), the Farm Workforce
Modernization Act (HR 1603) [...] The rule would provide for up to one
hour of debate on each of the five measures; make in order floor
consideration of 41 amendments to HR 1620; and provide for automatic
adoption of a Nadler, D-N.Y., manager's amendment to HR 1620 and a
Nadler manager's amendment to HR 1603." The vote was on the adoption of
the rule. The House adopted the rule by a vote of 216-204. [House Vote
79, 3/16/21;
Congressional Quarterly,
3/16/21; Congressional Actions,
H.R.
1603;
Congressional Actions, H.Res.
233]
2021: Fitzpatrick Effectively Voted Against The Farm Workforce
Modernization Act. In March 2021, according to Congressional
Quarterly, Fitzpatrick voted against the "motion to order the previous
question (thus ending debate and possibility of amendment) on the rule
(H Res 233) that would provide for House floor consideration of a joint
resolution removing the deadline for the ratification of the equal
rights amendment (H J Res 17), the Violence Against Women
Reauthorization Act (HR 1620), the American Dream and Promise Act (HR
6), the Farm Workforce Modernization Act (HR 1603) [...] The rule
would provide for up to one hour of debate on each of the five measures;
make in order floor consideration of 41 amendments to HR 1620; and
provide for automatic adoption of a Nadler, D-N.Y., manager's amendment
to HR 1620 and a Nadler manager's amendment to HR 1603." The vote was
on a motion to order the previous question. The House agreed to the
motion by a vote of 212-200. [House Vote 78,
3/16/21; Congressional
Quarterly, 3/16/21;
Congressional Actions, H.R.
1603;
Congressional Actions, H.Res.
233]
2021: Fitzpatrick Effectively Voted Against An Amendment That Would
Establish A Hardship Waiver For Undocumented Farm Workers Who Would Be
Unable To Satisfy Work Requirements For Legal Status Due To Age Or
Disability. In March 2021, Fitzpatrick effectively voted against the
manager's amendment to the Farm Workforce Modernization Act which would,
according to Congressional Quarterly, "direct the Homeland Security
secretary to establish a hardship waiver for agricultural workers unable
to fully satisfy the work requirements for lawful permanent residence
due to age or disability." The vote was on the adoption of the rule. The
House adopted the rule by a vote of 216-204, thus automatically adopting
the manager's amendment. [House Vote 79,
3/16/21; Congressional
Quarterly, 3/16/21;
Congressional Actions, H.R.
1603;
Congressional Actions, H.Res.
233]
2021: Fitzpatrick Effectively Voted Against An Amendment That Would
Establish A Hardship Waiver For Undocumented Farm Workers Who Would Be
Unable To Satisfy Work Requirements For Legal Status Due To Age Or
Disability. In March 2021, Fitzpatrick effectively voted against the
manager's amendment to the Farm Workforce Modernization Act which would,
according to Congressional Quarterly, "direct the Homeland Security
secretary to establish a hardship waiver for agricultural workers unable
to fully satisfy the work requirements for lawful permanent residence
due to age or disability." The vote was on a motion to order the
previous question. The House agreed to the motion by a vote of 212-200.
[House Vote 78, 3/16/21;
Congressional Quarterly,
3/16/21; Congressional Actions,
H.R.
1603;
Congressional Actions, H.Res.
233]
2019: Fitzpatrick Voted For The Farm Workforce Modernization Act
(FWMA), Which Granted Legal Status To Thousands Of Undocumented
Farmworkers. In December 2019, Fitzpatrick voted for a bill that
would, according to Congressional Quarterly, "allow certain undocumented
agricultural workers in the United States to apply for permanent
residency status." The vote was on passage. The House passed the bill by
a vote of 260-165. [House Vote 674,
12/11/19; Congressional
Quarterly, 12/11/19;
Congressional Actions,
H.R.5038]
The FWMA Allowed Undocumented Farmworkers To Apply For Legal
Permanent Resident Status And Expand The H-2A Visa Program.
According to Congressional Quarterly, "The measure would allow
individuals to gain legal 'certified agriculture worker' status and
eventually apply for legal permanent resident status by
demonstrating experience working in the U.S. agricultural industry.
It also would remove certain requirements on employers who apply and
participate in the H-2A visa program, which allows U.S. employers to
bring low-skilled workers from overseas for temporary or seasonal
agricultural work, set wage requirements for the program and place
caps on year-to-year increases and decreases for wages for H-2A
workers. It also would mandate use of the E-Verify program, which
allows employers to confirm a person's eligibility to work in the
U.S., in the agricultural industry." [Congressional Quarterly,
11/20/19]
The FWMA Also Allowed Farmworkers To Request Five-Year Visas For
Their Immediate Family. According to The Hill, "The bill would
allow foreign workers who've worked in the U.S. agricultural sector
for at least 180 days over the past two years to request five-year
visas for themselves, their spouses and their minor children. Those
visas would be renewable for workers who prove they've worked in
agriculture for more than 100 hours per year. And some beneficiaries
would be amenable to legal permanent residence, the prelude to
citizenship, by paying a $1,000 fine." [The Hill,
12/11/19]
The FWMA Placed Limitations On Access To Social Services And A Cap
On Wage Growth. According to The Hill, "The bill also provides
limitations on access to social services for its beneficiaries, a
cap on wage growth and universal implementation in participating
sectors of the E-Verify program, a federal database designed to
ensure workers applying for jobs are legally eligible for employment
in the United States. [The Hill,
12/11/19]
Proponents Believed The FWMA Would Ameliorate Labor Shortages In
The U.S. Agriculture Industry. According to The Hill, "The bill's
proponents hope the measure could ameliorate a labor shortage in
U.S. agriculture, an issue that's been aggravated by a complicated
visa process and and enhanced immigration enforcement." [The Hill,
12/11/19]
New American Economy: FWMA Would Help Fill Gaps In The Agriculture
Labor Force, Bolster The U.S.'s Ability To Grow Labor-Intensive
Fruit, And Expand Agriculture Adjacent Industries Such As
Trucking. According to New American Economy, "Research from New
American Economy finds that supporting immigrant farmworkers would
help: Fill crucial gaps in the agricultural labor force not met by
U.S.-born workers [...] Bolster our country's ability to produce
labor-intensive fruits, vegetables, and tree nuts [...] [and]
Expand related non-farm industries like trucking, marketing, and
equipment manufacturing. $3.1 billion in additional farm production
would lead to almost $2.8 billion in added spending on related
services, and it would create more than 41,000 additional non-farm
jobs each year." [New American Economy,
11/8/19]
CATO Institute: The FWMA Would "Expand The Liberty Of
Americans." According to the CATO Institute, "The Farm Workforce
Modernization Act of 2019 would expand the liberty of Americans to
employ, contract, and associate with foreign farm workers and their
families. H.R. 5038 reduces costly and destabilizing government
intervention into the farm labor market by easing the legal
employment of foreign workers --- both for those in the country
already and those who wish to enter in the future. These changes
will grow the U.S. economy, make America's farmers more competitive
internationally, and reduce unnecessary taxpayer‐funded
enforcement." [CATO Institute,
11/20/19]
Some Republicans Opposed The Bill, Calling It An "Amnesty Bill For
People Who Violated U.S. Immigrant Laws." According to
Congressional Quarterly, "opponents said the bill unnecessarily
allows people who entered the U.S. illegally to become certified
agricultural workers if they meet certain standards and gives them
the potential to become U.S. citizens. Rep. Tom McClintock,
R-Calif., called it an amnesty bill for people who violated U.S.
immigration laws. McClintock said time would be better spent on
legislation to 'secure our borders, enforce our immigration laws'
[...] [Rep. Ken] Buck said the bill didn't include strong
enough vetting procedures to ensure that criminals are
prevented from attaining legal status and didn't ensure that once
someone qualified for a certified agricultural worker status and a
five-year visa that they would remain in agriculture."
[Congressional Quarterly,
12/11/19]
Other Republicans Opposed The Bill Because It Would Benefit
Certain Agricultural Sectors More Than Others. According to The
Hill, "Rep. Doug Collins (R-Ga.), the top Republican on the
Judiciary Committee, said the bill would benefit large dairies but
would not have a meaningful impact on Georgia's agriculture. 'I'm
not questioning the motives, I just don't think it was put together
real well,' said Collins. Collins added he's hopeful to sit down
with Lofgren and Senate leaders to work out a bill to improve on the
existing proposal. And Rep. Ken Buck (R-Colo.) the ranking
Republican on the Judiciary Immigration Subcommittee, complained
that Republican amendments were left out in the bill's markup."
[The Hill,
12/11/19]