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Immigration Reform -
Possibilities in 2018
wafla
January 18, 2018
Labor Conference - Wenatchee, WA 1
H-2A Review
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3
4
0
50,000
100,000
150,000
200,000
250,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
H-2A Use Nationwide 2005-2017
Positions certified by DOL Visas issued by DOS
H-2A Use Nationwide 2005-2017
Since 2005 –
# of H-2A positions certified by DOL
# of visas issued by DOS
Average # of positions per application
# of applications approved by DOL
= up 314% to 200,000
= up 423% to 167,000
= up 179% to 20
= up 48% to 9,800**may be more than one employer per application
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6
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
2010 2011 2012 2013 2014 2015 2016 2017
H-2A Use in Washington 2010-2017
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-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
0
50000
100000
150000
200000
250000
2010 2011 2012 2013 2014 2015 2016 2017
H-2A Use in Washington vs. Nationwide
Nationwide Washington
H-2A Use in Washington In 2009, Washington wasn’t even in top 15 states in H-2A use
fewer than 2,000 H-2A positions
By 2010, Washington is #8
3,000 H-2A positions
By 2014, Washington ranked #4
9,100 H-2A positions
In 2017, Washington ranked #4 for fourth consecutive year
18,500 H-2A positions
Since 2010 H-2A use in Washington is up 460%
Nationwide up 153% during that time
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Top 10 States for H-2A in 2017
Florida 25,000
Georgia 23,500
North Carolina 21,000
Washington 18,500
California 15,000
Louisiana 9,000
Kentucky 7,500
New York 7,000
Michigan 6,500
Arizona 6,000
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Trump Administration
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Trump Administration Cabinet with role in
Immigration and Guest Worker Programs --
Department of Labor
Alex Acosta
Law School Dean, US Attorney (FL),
Ass’t Attorney General DOJ
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Andrew “Andy” Puzder
CEO, CKE Restaurants
(Hardee’s and Carl’s Jr.)
Trump Administration Cabinet with role in
Immigration and Guest Worker Programs --
Department of Homeland Security Kirstjen Nielsen
White House Deputy Chief of
Staff, Chief of Staff at DHS
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John Kelly
General, USMC (retired)
Trump Administration Cabinet with role in
Immigration and Guest Worker Programs
Attorney General
Jefferson “Jeff” Sessions
U.S. Senator – Alabama
Secretary of State
Rex Tillerson
CEO, ExxonMobil (retired)
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Congress
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Composition of 115th Congress –
Senate
51 Republicans
49 Democrats (2 Independent)
**51 votes prevail only rarely – often need
60 votes
Leader McConnell (KY)
Minority Leader Schumer (NY)
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Composition of 115th Congress -
House of Representatives
239 Republicans
193 Democrats
3 vacancies as of Jan 2018
**218 votes to prevail
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Speaker Ryan (WI)
Minority Leader Pelosi (CA)
Reform Efforts
Executive Branch Agencies and Congress
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Executive Branch
Regulatory Reform
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History of Department of Labor’s
H-2A Regulations
1987 - Original H-2A Regulations
Remained largely unchanged for 20 years
2008 – Regulations updated in Bush Administration
Streamlined bureaucracy
Increased penalties
In effect for two seasons
2010 – Regulations changed in Obama Administration
Basically returned to 1987-era regulations
Revived bureaucratic approach to program
2018 – ?? 19
Ideas for Regulatory Reform
The Government Must Recognize the Realities of Agriculture in 2018
Reduce unnecessary bureaucracy
duplicative filings at SWA and DOL
Should not have to start application from scratch every year
Improve application processing / timing
Increase flexibility for employers and workers
Amendments to applications and extensions
Expedite processing of returning workers
Broaden participation by agriculture
Reform cost structure
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Legislative Branch
Legislation
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House Legislation – New H-2C Temporary
Worker Program for Agriculture
H.R. 4092(“Agriculture Guestworker Act” or “AG Act”)
Introduced by House Judiciary Chairman Bob Goodlatte (VA)
Reported from Judiciary Committee in October 2017
Overview
Creates new H-2C Program to replace H-2A
450,000 visas annually + escalator
Program administered by USDA
36 month and 18 month visa term
Broadens definition of agriculture to allow wider participation
Reforms housing and wage requirements
Streamlined application process
Current undocumented workforce eligible for H-2C, but must obtain visa abroad 23
Enter DACA –
Deferred Action for Childhood Arrivals
Last fall President said the program will end in March
directed Congress to craft a legislative solution providing
legal status for the DACA recipients
President says legislation dealing with DACA should also
include border security, interior enforcement and some
changes to green card system (chain migration) and the
diversity visa lottery
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DACA Legislation: HOUSE
Securing America’s Future Act (H.R. 4760) – reflects President’s priorities – introduced by Rep. Goodlatte and Rep. McCaul
Legal status for those brought to the U.S. as children
Border Security
Interior Security/Enforcement – E-verify
End Diversity Visa Lottery
End Chain Migration
Goodlatte’s AG Act / H-2C program
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DACA Legislation: SENATE
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White House meeting with Senators last week about
DACA legislation
Outlook for H-2C Program as part of DACA?
DACA fix was going to part of Government spending bill
that has to be passed by Friday to avoid government shut
down
As of now, not likely to be in funding bill
Likely another short-term funding bill for a month
DACA fix had to be passed by first week of March when
President said the current DACA program would end
Not likely now
Federal judge says DACA program can continue as-is
Trump administration has appealed and asked for Supreme Court
to intervene 27
Outlook for H-2C Program as part of DACA?
So, will Congress act if there is no threat of impending
doom?
Not clear how Senate feels about ag immigration issues
on DACA bill
Ag not unified in its view of Goodlatte’s Ag Act / H-2C
program
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Review
Avenues for Ag guestworker reform –
Executive Branch agencies may reform H-2A regulations
Congress may pass H-2C legislation as part of DACA
Congress may tackle “comprehensive” immigration reform
after DACA
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