Sen. Patrick Leahy, D-Vt. Photo by Terry J. Allen
MIDDLEBURY – A stalled proposal that would give undocumented migrant dairy workers a path to legitimacy is the best hope for resolving the thorny issue of illegal immigration, advocates say.
But the AgJOBS bill, as it’s known, has been languishing in Congress since last year, caught up in the politics of overall immigration reform.
“The obstacle is election-year and immigration-issue politics,” said U.S. Rep. Peter Welch, D-Vt. “This is a practical step we could take to help farmers who are already under enormous pressure, but it’s being held hostage.”
The bill, H.R. 2414, introduced in both the House and Senate, would award “blue cards” to undocumented farm workers if they can demonstrate having worked in American agriculture for at least 150 workdays over the previous two years.
Under AgJOBS, a dairy farmer could petition for a worker to come in for a one-year term, renewable for two additional years. With the card, the worker would be entitled to temporary legal resident status, as would his or her spouse and children.
The program could issue up to 1.35 million blue cards over its five-year lifespan.
To earn permanent legal status, the worker would have to work in American agriculture for another three to five years before becoming eligible to apply for a green card. Participants would also have to pay a fine of $500 for being here illegally, and prove that their taxes are current and that they haven’t been convicted of a crime.
For years now, the 1,500 or so Mexicans and Central Americans who provide the labor that keeps many Vermont dairy farms afloat have been trapped in a shadowy netherworld of quasi-legal immigration status.
Peter Conlon is a recruiter and trainer for Agri-Placement Services, an outfit that provides human resource services for farmers who meet their standards for working conditions and housing.
With respect to hiring, Conlon says, “We follow the law. If a worker presents a green card, and if the pictures and stats on the green card match those of the presenter, it must be accepted as legal. That’s federal law.”
It’s not Conlon’s job to offer any further verification, and he acknowledges that much of the documentation presented to him probably would not withstand closer scrutiny.
Because of the lack of legal clarity, communities have responded differently. Most immigrant dairy workers in Vermont live either in Addison or Franklin counties because that’s where the cows are.
“Middlebury has a written policy of laissez-faire that’s about three years old,” Conlon explains. “The community has been positive and supportive in Addison County.
“But farmers in Franklin County don’t let their workers go off the farm for fear of the U.S. Border Patrol,” Conlon said. “That’s the only law enforcement group that hasn’t been understanding.”
In an effort to eliminate the problem of enforcement by geography, the three members of Vermont’s congressional delegation have lined up behind the AgJOBS bill. Sen. Patrick J. Leahy,D-Vt., is a Senate co-sponsor, as is Sen. Dianne Feinstein, D-Calif.
Leahy has been very vocal about the failings of the existing system – or lack thereof.
“The current system does not work for anyone,” Leahy said. “Instead of lurching from temporary fix to temporary fix, we need a clearly defined system that farmers and workers can depend on.”
Welch echoed that thought. “Dairy is under enormous pressure already. If we also make it hard to get labor, that will compound the problem. It’s extremely important to establish a clear, above-board labor policy.”
At the same time, both acknowledged concerns about the political viability of the bill in this climate. On that point, Leahy cited the obstructionist tendencies of some in Congress: “There is no reason why this reform bill cannot pass with solid bipartisan support, but there are high hurdles at least for now. Some continue to put a premium on obstructing virtually any meaningful legislation, and immigration issues are even more difficult to address.”
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Cheap locked in illegal labor is part of the reason farms are able to flood the market with cheap milk, driving down prices and making more honest farmers unable to afford to pay living wages.
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I could support the idea of a blue card, but not one that leads to a green card. After one to three years these workers should go home. Under Leahy’s plan, we could have up to 6.75 million people in this country after five years who could stay permanently. That’s a lot of people for a country that is already afflicted with congestion, sprawl and resource depletion. Moreover, after these folks got their green cards, they might well move on to other jobs, requiring another program to bring in more farm workers. In the long run, the solution is better wages for farmers and farm workers.
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Clarification: the bill allows a total of 1.35 million blue cards over 5 years, not per year. But with spouses and children, the number of people covered by this could be in the millions.