Speech #1090137747

This is a crisis waiting to happen. We have a temporary agricultural worker program that can and should be used by these employers who have jobs that last less than 150 days per year. While this amendment only changes three main things to try to provide parity between the agricultural adjustment program and other adjustment programs within the bill. there are a number of other differences that make the agriculture amnesty program much more attractive to illegal immigrants. Let me run through some of the major discrepancies between what is required of illegal agricultural workers compared to what is required of the general population of Illegal workers in order to adjust status under the base bill. For those here illegally for 5 years or more who receive green cards. they must have worked at least 3 years during the 5year period ending April 5. 2006. and must work for 6 years after the date of enactment of this bill. In contrast. agricultural workers only must have worked 150 hours over a 2year period and going forward only have to work 575 hours per year. In addition to learning English. nonagricultural illegal aliens must demonstrate a knowledge of history and Government in the United States in order to adjust to that status. In contrast. agricultural workers under the bill do not have to learn English. nor do they need to have a knowledge of the history and Government of the United States. For nonagricultural workers. there is a requirement that illegal aliens register with the Selective Service if within the age period required. but agricultural workers do not have to do this. Nonagricultural illegal aliens cannot adjust status until the earlier of either. one. the consideration of all green card applications filed before the date of enactment of this bill or. two. 8 years after the date of enactment of this bill. In the AgJOBS portion of this bill. illegal aliens can get a green card in as short as 3 years without having to go to the back of the line. Nonagricultural illegal aliens and their spouses and children must submit fingerprints to relevant Federal agencies to be checked against existing databases relating to information for criminal. national security. or other law enforcement actions that would render the alien ineligible for adjustment of status. This is not the case for agricultural workers. Illegal agricultural workers must submit proof of their prior work to qualify for a blue card. and the Department of Homeland Security is affirmatively barred from sharing that information with anyone unless a law enforcement entity asks for it in writing to use in connection with a criminal investigation or prosecution or an official coroner asks for it in order to identify a deceased person. And lastly. before a nonagricultural illegal alien is granted employment authorization or permission to travel. the alien must undergo a name check against exiting databases for information relating to criminal. national security. or other law enforcement actions. Not so for agricultural workers. In the AgJOBS portion of the bill. an alien is given employment authorization in the same manner as if that alien is a green cardholder and can travel freely without such a background check around our country. For those nonagricultural workers here illegally between 2 and 5 years. they must have been employed in the U.S. before January 7. 2004. and not unemployed for longer than 60 days. In contrast. an agricultural worker only has to have been employed for 150 hours. To qualify. the alien must complete an application that requires answering questions concerning his physical and mental health. criminal history. gang membership. renunciation of gang affiliation. immigration history. involvement with groups or individuals who engage in terrorism. genocide. persecution. or to seek to overthrow the Government of the United States. voter registration history. claims to U.S. citizenship. and tax history. No such requirement is levied on agricultural workers under the AgJOBS title. Illegal aliens who fall under the category of deferred mandatory departure status must be personally interviewed by the Department of Homeland Security. There is no similar requirement for agricultural workers under the AgJOBS title. The alien cannot obtain the deferred mandatory status until he submits biometric data to the Department of Homeland Security and all appropriate background checks are completed to the satisfaction of the Department of Homeland Security.