2021: Schweikert Voted Against Providing Eligible Undocumented Workers A Pathway To Apply For Certified Agricultural Worker Status And Eventually Permanent Residency Status. In March 2021, Schweikert voted against 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: Schweikert 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: Schweikert Effectively Voted Against The Farm Workforce Modernization Act. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert Effectively Voted Against The Farm Workforce Modernization Act. In March 2021, according to Congressional Quarterly, Schweikert 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: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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: Schweikert Voted Against The Farm Workforce Modernization Act (FWMA), Which Granted Legal Status To Thousands Of Undocumented Farmworkers. In December 2019, Schweikert voted against 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]