Several hundred thousand farmworkers who lack authorized immigration status took a major step forward today toward gaining the right to earn legal immigration status and improve their wages and working conditions. The Senate Judiciary Committee today approved a major piece of immigration legislation that includes a modified version of the AgJOBS farmworker immigration legislation. Since there is widespread support for the farmworker immigration legislation by supporters of farmworkers and agricultural employers, as well as legislators in both parties, there is a good chance that the Senate's final immigration legislation will include AgJOBS.

The United Farm Workers of America played the leading role on behalf of farmworkers in winning this major victory.

AgJOBS contains two basic programs. First, the earned legalization program would allow many unauthorized immigrant farmworkers to earn legal immigration status by demonstrating their recent agricultural work experience in the U.S. and by continuing to work in agriculture for three to five years. Second, it would revise the H-2A agricultural guestworker program to streamline the process for employers while retaining major protections for workers.

The version approved by the Committee is somewhat different from the prior AgJOBS bill (S. 359/H.R. 884) due to an agreement reached between the bill’s primary sponsors and Senator Feinstein, as well as the UFW and representatives from the agricultural industry (an overview of the major differences between the different versions of AgJOBS is found below).

All the Senate Judiciary Committee Democrats, led by Senator Edward Kennedy, supported AgJOBS. The Committee Republicans who voted for AgJOBS were Senators DeWine, Brownback, and Specter. Senators Hatch and Graham “passed,” choosing not to vote on the AgJOBS amendment. The Republican opponents were Coburn, Grassley, Kyl, Sessions and Cornyn.

The Committee finished its work on the overall bill today and voted out the bill as a whole with 12 Senators (all of the Democrats and Senators Specter, Brownback, DeWine and Graham) voting in support of the bill. The bill was reported to the Senate floor with Senator Specter stating that it was his understanding that Senator Frist would substitute the Committee bill for his own bill and begin the full Senate’s debate and vote on immigration this week. However, it’s not clear, as this is being written, what Senator Frist will do.

Today’s action is an important victory for farmworkers. AgJOBS is now part of the immigration bill passed out of the Committee, making it much more likely that AgJOBS will become law and that hundreds of thousands of farmworkers and their family members will win permanent resident status. Still, there are challenges ahead in winning passage in the Senate and then by the full Congress following a possible House-Senate Conference Committee.

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Differences between the prior and current versions of AgJOBS.

For those familiar with the AgJOBS legislation for the last few years, there are some key differences in the Feinstein amendment (agreed to by Sen. Kennedy and Craig) that was passed by the Senate Judiciary Committee. They are as follows:

* To enter the earned legalization program, farmworkers will have to show that they performed at least 150 days of agricultural work in the U.S. during the 24 month period ending December 31, 2005. (This is NOT a per-year requirement; it is a total of 150 days.)

* Once the person shows eligibility, he or she gets a "blue card" to demonstrate temporary resident status. Previously, there was no special card or color.

* Once the farmworker obtains a blue card, the farmworker's spouse and minor children obtain a temporary resident status and the spouse gets work authorization. These family members may also then travel across the U.S. border.

* To earn a green card, the farmworkers must perform agricultural work for at least 100 work days per year for 5 years, OR perform 150 days per year for 3 years. Participants may work outside agriculture but only if they are continuing to meet the annual agricultural work requirement.

* Disqualification will occur due to conviction of a felony or 3 misdemeanors or a single crime that involves bodily injury or injury to property in excess of $500.

* In addition to an application fee, farmworkers will have to pay a fine of $100 upon obtaining a blue card.

* To obtain a green card the farmworkers will pay a fine of $400 and must be current on their income taxes.

* The earned legalization program has a cap of 1.5 million.