On January 17th Senator Dianne Feinstein (below) and Representative Zoe Lofgren of California introduced The Agricultural Worker Program Act of 2019 to the House (Resolution 641) and the Senate (S-175). The written purpose of the bill is “to improve agricultural job opportunities, benefits, and security for aliens in the United States and for other purposes.” Functionally, the bill would provide blue card status for immigrant agricultural laborers and their families so long as they: have been living in the US prior to passing of the act; pay an application fee prior to the expiration of an 18-month period following enactment; are represented by a recognized organization; and pass background checks. Once workers obtain the blue card and maintain it for between three and five years, they could apply to obtain a green card for permanent lawful residence. Though the bill is a long way off from becoming law, it could have significant implications for US growers and consumers of fresh produce.

Produce growers constantly reference a major shortage of farm labor in the US – the result of work that is too hard for domestic citizens and difficulty keeping migrant workers employed from one year to the next with the current foreign labor program (the H-2A program). Some industry experts claim only 10% of the labor force is provided legally through the H-2A program, while many of the rest are illegal, undocumented migrants who could face deportation – something the bill will attempt to address.

If the bill is successful, it could have several notable impacts on the farm economy. First, it would stabilize the existing labor force, meaning farm owner/operators would be able to fill their annual labor needs more easily and cheaply and they wouldn’t have to break the law to do so. Second, farm workers would have higher take-home wages by cutting out the rent-seeking middle-men that they currently use to gain access to job opportunities. And if the previous two come to fruition, consumers might see slightly lower retail prices for fresh produce and dairy. However, the bill wouldn’t solve the labor shortage that produce farmers regularly report. There would still be the problem of attracting new workers (most likely from out-of-country) – and it’s hard to see what the real problem is there. Farmers blame the existing H2A program and have been calling for reform, but it could also be that a strong farm economy in Mexico is keeping workers at home – in which case a policy reform would not be a viable solution. Farmers may need to consider the need to raise wages (enter robotic harvesting).