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Support:
AgJobs: currently has bi-partisan support with 50 co-sponsors, an
equal number of Republicans and Democrats. Farmworker advocates
and agricultural employers both support this proposal. The leadership
of both parties in the House and Senate also support this bill.
President's proposal: Unclear, as no bill has been
proposed. Immigrant rights groups, labor, and the Democratic Party
have all strongly criticized the proposal, as have many conservative
Republicans
Impact:
AgJobs: Applies to agricultural workers only, an estimated 500,000
nationwide
President's proposal: Undocumented workers working
in industries where "documented" worker
shortage exists, estimated to be 8 million workers
Who Qualifies:
AgJobs: Any agricultural worker who has worked at least 100 days
in any twelve month period between March, 2002 and August, 2003.
President's proposal: Worker who works in industries
where "documented" worker shortage exists,
who in turn is sponsored by their employer
Road to Legal Status:
AgJobs: Upon qualifying workers will receive a temporary work permit.
Their immediate family members will receive the right to live in
the U.S., but not to work. The qualifying worker will then have
to work a total of 360 days over the next 6 years to qualify for
permanent legal status, at which point his or her family will also
receive legal status.
President's Proposal: Upon qualifying, a worker will
be allowed to work a maximum of three years, at which point they
must return to their country of origin. It is unclear if family
members will also receive legal status to reside in the U.S. during
the three year period. In order to re-enter the country, the worker
must again be sponsored by their employer. The President's
proposal is unclear as to when, if ever, a worker will finally attain
permanent legal status
Other differences:
AgJobs: Provides for streamlining the current "guestworker"
program, which allows for foreign workers to come into the U.S.
to fill positions where there are insufficient domestic workers
(in Washington, for example, Peruvian sheepherders have been brought
in under this program).
Why we support SB 1645:
This bill was the result of three years of negotiations between
the United Farm Workers of America and the nation's
agricultural industry and reflects an historic compromise between
farmworker advocates and agricultural employers. President Bush
did not consult with any immigrant, farmworker, or labor representatives
in developing his proposal. AgJobs establishes objective criteria
for workers to qualify and ultimately obtain permanent legal status.
The President's proposal subjugates workers to their
sponsoring employers and creates an on-going dependency. If a worker
dares complain about the conditions of their employment, chances
are better than not that the employer will decline to sponsor that
worker in the future. Many of the workers who may qualify for the
President's proposals are established members of our
community. To require them to leave every three years is unfair
and unjust, given the vital role they fill in the U.S. workplace.
Finally, the President's proposal does not outline a
clear path for workers to obtain permanent legal status. In fact,
their legal status may very well expire years prior to ever becoming
eligible for permanent status given the current applicant backlog.
In essence, this proposal will create a subclass of workers more
subject to employer abuse with vague at best hopes of ever obtaining
true legal status.
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