At long last, Congress has the opportunity to pass historic immigration reform legislation that promises help for thousands of farmworkers whose labor puts food on our tables. Farmworkers in our state work in greenhouses and nurseries, and help to plant, cultivate, and harvest tobacco, Christmas trees, and a variety of vegetables and fruits. These products bring in more than $1.9 billion in sales to North Carolina’s economy, according to the NC Department of Agriculture and Consumer Services. Farmworker labor has helped make us number two in Christmas trees, potatoes, and pickle cucumbers in the nation, and number one in sweet potatoes. We can recognize and reward the contributions of these workers by providing them an avenue to secure legal status.

The Agricultural Job Opportunity, Benefits and Security Act of 2003, the result of arduous negotiations between immigrant advocates and the agricultural industry, while not perfect, has something to offer for both workers and growers.

The legislation allows farmworkers who performed agricultural work for 575 hours or 100 days (whichever is less) during any 12 consecutive months between March 1, 2002 and August 31, 2003 to legalize their status. These workers would qualify for temporary residence, allowing them to work for any employer they choose and to travel freely. Spouses and minor children present in the U.S. will be protected from deportation, but not permitted to work. In order to qualify for permanent residency, the worker must continue to work in agriculture for a specified period of time over the next six years.

One of the guiding principles of American immigration law is the unification of families. This bill helps keep families together without fear of deportation, though unfortunately without providing for status for those family members not already present in the U.S. Once the worker transitions from a temporary to a permanent resident, however, he or she could apply to bring family members here.

The bill is not without problems. Growers are supportive because it makes it easier and cheaper for them to bring guestworkers here on a temporary basis to work in the fields. The Act reduces the paperwork and standards agricultural employers must meet. It also freezes wages for guestworkers for the next three years. Many of the problems H2A guestworkers (named for the section of the immigration law that establishes the guestworker program) suffer from currently are not addressed by this legislation. H2A workers would remain tied to a single employer, making them vulnerable to exploitation. These workers would also still be excluded from the major federal law protecting all other farmworkers, the Migrant and Seasonal Agricultural Worker Protection Act. An important advance, however, is that H2A workers could for the first time enforce their work contracts in federal courts.

Farmworker advocates believe this bill is an important first step in achieving justice for immigrant workers and their families. Much is missing from the bill, including help for the millions of undocumented workers not employed in agriculture. However, the Act offers real hope for farmworkers for the first time in decades. These workers, who have contributed so much to our economy, our communities, and our culture deserve the opportunity provided by the Agricultural Job Opportunity, Benefits and Security Act of 2003.

Submitted by the Farmworker Advocacy Network, a coalition of nine organizations in North Carolina which support the rights of migrant and seasonal farmworkers.