In backing a new bill by far-right Republican senators, growers have broken their word to support breakthrough legislation allowing undocumented farm workers to legalize their immigration status that was negotiated last fall between the nation's major farm groups and the United Farm Workers. "The industry has chosen the path of keeping undocumented workers in the shadows of fear that have plagued them for decades rather than doing something positive to end the abuse and poverty," states UFW President Arturo Rodriguez.

Rodriguez, National Council of La Raza Vice President Cecilia Munoz and U.S. Rep. Howard Berman (D-Calif.) will use a cross-country conference call with reporters on Thursday at 11 a.m. (2 p.m. EST) to blast the bill principally authored by conservative Sen. Larry E. Craig (R-Idaho) as "a fraud that would bar many farm workers from legalizing their status and only serve as cover for flooding the country with exploitable temporary foreign workers," Rodriguez says.

Reporters wishing to participate in the conference call should contact the UFW's Jocelyn Sherman at 213-368-0688, ext. 269 by no later than 10 a.m. (1 p.m. EST) on Thursday, July 12. A conference call in Spanish will be conducted at 12:30 p.m. (3:30 p.m. EST). Call to sign up no later than 10:00 a.m. (1:00 p.m. EST).

Undocumented farm workers could use the historic UFW-grower compromise to earn temporary legal status for themselves and their families, and eventually permanent status. By reducing paperwork and government oversight, it would also make it easier for growers to obtain workers under the existing federal H-2A program under which field laborers can be imported from outside the country to fill legitimate labor shortages. The compromise plan won broad bipartisan support in both houses of Congress last December when it was nearly enacted during the lame-duck session but for strong opposition by Sen. Phil Gramm (R-Texas).

"The growers--perhaps under the erroneous impression a new President will allow them to cast aside the interest of U.S. farm workers--seem more interested in addressing the restrictionist position of Sen. Phil Gramm than in getting legislation through Congress that could help U.S. farm workers and agricultural employers," says Rep. Berman. Growers abandon key parts of the negotiated agreement in the Craig bill:

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• To be eligible for legalization, the UFW-grower compromise plan requires farm workers to perform 100 days a year of farm work--and 360 days over six years; 240 of them must be recorded in the first three years. The Craig bill substantially ups the requirement to 150 days a year or 600 days within four years.
  

Studies have shown U.S. agriculture is marked by seasonal employment, often short harvest seasons, frequent oversupplies of labor and chronic unemployment. U.C. Davis agricultural economist Phil Martin recently estimated that in California 800,000 farm workers compete for 500,000 jobs.

By hiking the eligibility requirements, many if not most undocumented farm workers would be precluded from legalizing their status under the Craig measure. Then the hoped-for benefits of the legalization program--assuring a stable and legal work force--would not be met.

• In a classic "Catch 22" scenario, the Craig bill says workers seeking to adjust their status could take non-agricultural jobs only after satisfying their farm labor requirement--which many would not be able to do given the increased standards under the Craig proposal. In many parts of the nation, few farm jobs are available during non-harvest months. Those farm workers unable to find agricultural jobs could not take non-farm positions. But the Craig plan also says they cannot stay in the country for more than 60 days without actively seeking employment. Farm worker advocates say this is just another way to make it difficult for undocumented farm workers to qualify for legalization.
  
  
• The primary worker protection in the current H-2A program is ensuring that imported foreign laborers receive the "average" wage paid to farm workers in a state--often more than $7 an hour. The Craig bill would replace it with the "prevailing wage" paid to workers for a specific crop in an area, which would typically be no more than the federal or state minimum wage ($5.15 per hour and $5.75 per hour in California, respectively). However, farm worker advocates point out many workers could end up earning less than the minimum wage since the prevailing wage would usually be a piece rate--so many cents per unit picked--where there are persistent violations of minimum wage and hour laws.
  
  
• Under the UFW-grower compromise, H-2A workers would be covered under the federal Migrant and Seasonal Worker Protection Act, from which they are currently excluded. This basic federal law protecting domestic farm workers offers guarantees of safe transportation, decent housing and the right to go to federal court to enforce working standards. The Craig proposal would continue the discriminatory exclusion of H-2A workers from the law.
  

"Late last year, the growers agreed with farm worker advocates to jointly support this historic compromise," the UFW's Rodriguez notes. "Since then, the agricultural industry has broken its word. We hope it will return to the compromise agreement and honor its commitment."

Also expressing dismay at introduction of Sen. Craig's legislation are major religious organizations and other farm worker unions and advocacy groups.

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Remarks by Arturo S. Rodriguez, President
United Farm Workers of America, AFL-CIO
on Farm Worker Legalization and Sen. Craig's Bill
July 12, 2001--La Paz, Keene, Calif.

First, let me thank Representative Howard Berman--who for years has been one of the farm workers' leading advocates in Congress on labor rights and legalization issues--as well as Cecilia Munoz and the leadership of National Council of La Raza for joining us today.

Last year, weeks of tough negotiations between our United Farm Workers and the nation's agricultural employers resulted in a breakthrough compromise agreement on legislation that undocumented farm workers could use to earn temporary legal status for themselves and their families--and eventually permanent status. The growers agreed with farm worker advocates to jointly support this historic compromise.

That compromise won broad bipartisan support among lawmakers in both houses of Congress in December during the lame-duck session. It almost passed except for fierce opposition from Texas Republican Sen. Phil Gramm.

Now it appears the growers have broken their word by supporting a new bill by right-wing Republican lawmakers principally authored by GOP Sen. Larry Craig of Idaho. By doing so, the industry has chosen the path of keeping undocumented farm workers in the shadows of fear that have plagued them for decades rather than doing something positive to end the abuse and poverty.

Sen. Craig's bill is a fraud that would bar many farm workers from legalizing their status. It only serves as a cover for flooding the country with exploitable temporary foreign workers.

It would hike the eligibility requirements for legalization from working 100 days a year in agriculture under the compromise proposal to 150 days a year--and 600 days within four years--under the Craig bill.

Many farm workers just don't work that many days in an agricultural industry often distinguished by short harvest seasons, oversupplies of labor and chronic unemployment.

The Craig plan would also lower the pay for temporary foreign workers imported to work on U.S. farms under the existing federal H-2A program. It would bar the families of workers here now from becoming legalized. And it would continue the discriminatory exclusion of imported foreign workers from the Migrant and Seasonal Worker Protection Act, the basic federal law protecting the job rights of domestic farm workers.

It is our hope the growers will return to the compromise agreement and honor its commitment. For our part, we will fight hard to oppose Sen. Craig's bill.

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