Speech #980210501

For the most part. producers of this highly diversified industry have not had available sufficient domestic workers to handle the harvesting of their crops. They have had to obtain supplemental sources of labor from outside the United States. principally from Mexico. The H2 program has not been suited to their needs. and accordingly in recent years they have we are told used undocumented aliens to handharvest these laborintensive crops. H.R. 1510 will. for the first time. make the hiring of undocumented workers illegal. It thus becomes necessary to assure that a system is provided whereby to the extent domestic labor is unavailable. the producers will be able under a controlled system to obtain the workers they need from abroad. While an attempt has been made in H.R. 1510. as reported by the Judiciary Committee. to mitigate this situation through a transition program. such a program does not fully respond to the needs of these particular employers. first. because the program is temporary. and second. because the program provides that the numbers of undocumented aliens be reduced each year over the 3year span of the program. While other provisions of the legislation would allow certain undocumented aliens to become permanent residents and thus remain in the country in a legalized status. it is unknown how many aliens currently working on perishable crops would qualify for legalization and once qualified. how many would leave the agricultural sector to find less laborintensive jobs. Further. it is unknown how many who are eligible under the legislation would elect to apply for permanent residence. In the committees opinion. the H2 worker program as provided in H.R. 1510 is much too rigid and unworkable for producers of perishable commodities. and for this reason these producers in the past have relied on undocumented aliens for their needs. The committee believes that the H2 program. with the changes provided in H.R. 1510. can continue to be effectively utilized in certain agricultural areas of the United States having more predictable employment needs and requiring relatively small numbers of foreign workers when domestic workers are unavailable. The H2 program has worked for producers principally in the Eastern and Southeastern parts of the country. The H2 program. however. does not have the flexibility to effectively address the particular needs of producers of perishable commodities whose labor needs are extensive and vary greatly with weather conditions within relatively short periods of time. Under the Panetta amendment. the number of nonimmigrants admitted under the committee amendments would be based on the historical need in the employment area. the number of grower applications for workers. and the availability of domestic workers. The special visas under which the workers would be admitted would limit their entry to certain employment regions. Unlike the H2 program. the foreign worker would not be bound to a particular employer. If the employer is not to his liking. for whatever reason. or if another producer of perishable crops in the area offers better wages or working conditions. the employee would be free to change jobs without fear of deportation. The visas could also allow the worker to follow the harvest season from area to area by designating particular areas of work for particular periods of the year. A number of provisions are included in the committee amendments to project the domestic worker and assure that the foreign worker is not disadvantaged by the employer. These are the same worker protection provisions as are included under the H2 program. The committee amendments are designed to assure that workers admitted under the special program will return to their country of origin upon expiration of their visas and not add to the numbers of undocumented aliens in this country. Sanctions would be imposed on any employer who hires. recruits or refers for employment these special nonimmigrant aliens. unless the employer has an application approved to hire the alien. Incentives are provided for the return of nonimmigrants to their countries of origin by requiring employers to contribute into a trust fund established by the Attorney General.