[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2801 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2801
To provide temporary resident status and employment authorization for
certain non-seasonal agricultural workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2019
Mr. Collins of New York introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide temporary resident status and employment authorization for
certain non-seasonal agricultural workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Labor Personnel on Farms
Act'' or the ``HELP Farms Act''.
SEC. 2. TEMPORARY RESIDENT STATUS AND EMPLOYMENT AUTHORIZATION FOR
CERTAIN NON-SEASONAL AGRICULTURAL WORKERS.
(a) In General.--
(1) Treatment of principal aliens.--In the case of an alien
described in subsection (b) who satisfies the requirements of
subsection (c) and is not ineligible under subsection (e), the
Secretary of Homeland Security, in consultation with the
Secretary of Labor and the Secretary of State, shall--
(A) adjust the status of the alien to that of an
alien lawfully admitted for temporary residence for a
two-year period not subject to renewal, and issue
documentary evidence of such temporary resident status;
(B) grant the alien authorization to engage in
employment in the United States during such two-year
period in an agricultural labor or services occupation
not of a seasonal nature; and
(C) provide the alien an ``employment authorized''
endorsement or other appropriate work permit valid
during such two-year period.
(2) Treatment of spouses and children.--A spouse or
unmarried child under 21 years of age of a principal alien who
is included in an application under subsection (c)(1) and is
not ineligible under subsection (e) shall be eligible for the
same temporary resident status (and documentation of such
status) as is granted to the principal alien.
(b) Aliens Described.--
(1) In general.--An alien is described in this subsection
if the alien--
(A) during the preceding calendar year, was
considered a United States resident for purposes of the
Internal Revenue Code of 1986;
(B) does not qualify for status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(a)); and
(C) is, and during the 2-year period preceding the
date of the filing of the application under subsection
(c) has been, employed by the sponsoring employer
described in subsection(c)(2) in an agricultural labor
or services occupation not of a seasonal nature.
(2) Definition.--For purposes of this section, the term
``agricultural labor or services'' includes--
(A) agricultural labor as defined in section
3121(g) of the Internal Revenue Code of 1986;
(B) agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f));
(C) all activities required for the preparation,
processing or manufacturing of a product of agriculture
(as such term is defined in such section 3(f)), or fish
or shellfish, for further distribution;
(D) the handling, planting, drying, packing,
packaging, processing, freezing, or grading prior to
delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state;
(E) dairy cattle and milk production;
(F) range production of livestock;
(G) sheep herding or goat herding;
(H) commercial beekeeping and pollination;
(I) animal shearing;
(J) the killing of animals for meat or poultry
processing and the breakdown of their carcasses; and
(K) activities related to the management and
training of equines.
(c) Application Requirements.--
(1) In general.--An alien shall apply for adjustment of
status and work authorization under this section during the 6-
month period beginning on the date of the enactment of this
Act. The application shall collect such information as the
Secretary of Homeland Security determines necessary and
appropriate. The Secretary shall establish a process through
which an alien may submit a single application under this
section on behalf of the alien and the alien's eligible spouse
and children.
(2) Sponsoring employer.--
(A) In general.--An application under paragraph (1)
shall be accompanied by an attestation from the alien's
employer that the alien continuously has been employed
by the employer in an agricultural labor or services
occupation not of a seasonal nature during the 2-year
period preceding the date of the filing of the
application.
(B) Employer protections.--
(i) Use of employment records.--Copies of
employment records or other evidence of
employment provided by an alien or by an
alien's employer in support of an alien's
application under paragraph (1) may not be used
in a civil or criminal prosecution or
investigation of that employer under section
274A of the Immigration and Nationality Act (8
U.S.C. 1324a) or under the Internal Revenue
Code of 1986 for the prior unlawful employment
of that alien regardless of the adjudication of
such application or reconsideration by the
Secretary of Homeland Security of such alien's
prima facie eligibility determination.
Employers that provide unauthorized aliens with
copies of employment records or other evidence
of employment pursuant to an application under
paragraph (1) shall not be subject to civil and
criminal liability pursuant to such section
274A for employing such unauthorized aliens.
(ii) Limit on applicability.--The
protections for employers and aliens under
clause (i) shall not apply if the aliens or
employers submit employment records that are
determined to be fraudulent.
(d) Special Rules for Applicants.--
(1) Documentation.--Upon the filing of an application under
subsection (c)(1), the Secretary of Homeland Security shall
furnish the applicant or applicants with documentation of
status as an applicant under this section.
(2) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the last day of the application period described in
subsection (c)(1) appears prima facie eligible for temporary
resident status under this section, the Secretary of Homeland
Security--
(A) shall provide the alien with a reasonable
opportunity to submit an application for such status
under this section during such period; and
(B) if such an application is submitted, may not
remove the individual until a final administrative
determination is made on such application.
(3) Aliens in removal proceedings.--Notwithstanding any
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) if an alien is in removal, deportation, or
exclusion proceedings during the period beginning on the date
of the enactment of this Act and ending on the last day of the
application period described in subsection (c)(1) and is prima
facie eligible for temporary resident status under this
section, upon motion by the Secretary of Homeland Security and
with the consent of the alien or upon motion by the alien, the
Executive Office for Immigration Review shall--
(A) terminate such proceedings without prejudice to
future proceedings; and
(B) permit the alien a reasonable opportunity to
apply for such status.
(4) Period pending adjudication of application.--During the
period beginning on the date on which an alien applies for
temporary resident status under this section and ending on the
date on which the Secretary of Homeland Security makes a final
decision regarding such application, the alien--
(A) is eligible to apply for advance parole;
(B) may not be detained by the Secretary or
Homeland Security or removed from the United States
unless the Secretary makes a prima facie determination
that such alien is, or has become, ineligible for
temporary resident status;
(C) shall not be considered unlawfully present
under section 212(a)(9)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
(D) shall not be considered an unauthorized alien
(as defined in section 274A(h)(3) of such Act (8 U.S.C.
1324a(h)(3))).
(e) Ineligible Aliens.--
(1) In general.--An alien shall be ineligible for
adjustment of status and work authorization under this section
if the Secretary of Homeland Security determines that--
(A) the alien ordered, incited, assisted, or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion;
(B) the alien has been convicted in the United
States by a final judgment of a particularly serious
crime (as defined in paragraph (2));
(C) there are serious reasons for believing that
the alien has committed a serious nonpolitical crime
outside the United States prior to the arrival of the
alien in the United States;
(D) there are reasonable grounds for regarding the
alien as a danger to the security of the United States;
(E) the alien is described in subclause (I), (II),
(III), (IV), or (VI) of section 212(a)(3)(B)(i) or
section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) (relating to terrorist
activity), unless, in the case only of an alien
inadmissible under subclause (IV) of section
212(a)(3)(B)(i) of such Act, the Secretary of Homeland
Security determines, in the Secretary's discretion,
that there are not reasonable grounds for regarding the
alien as a danger to the security of the United States;
or
(F) the alien has not satisfied all Federal, State,
and local tax liabilities.
(2) Definition.--For purposes of paragraph (1)(B), an alien
who has been convicted of the following shall be considered to
have been convicted of a particularly serious crime:
(A) A felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months.
(B) Murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and
slavery) or 113B (relating to terrorism) of title 18,
United States Code.
(C) Three or more felonies of any kind.
(3) Termination of benefits.--Temporary resident status and
work authorization granted under this section shall be
terminated if the Secretary of Homeland Security determines
that the alien--
(A) meets a condition described in paragraph (1);
or
(B) is not employed in an agricultural labor or
services occupation not of a seasonal nature.
(f) Documentation Features.--Documentary evidence of temporary
resident status provided under this section shall--
(1) be machine-readable and tamper-resistant;
(2) contain a digitized photograph;
(3) during the alien's authorized period of admission,
serve as a valid travel and entry document for the purpose of
applying for admission to the United States; and
(4) include such other features and information as the
Secretary of Homeland Security may prescribe.
(g) Confidentiality of Information.--
(1) In general.--Except for purposes of carrying out
paragraph (2), and consistent with subsection (c)(2)(B), the
Secretary of Homeland Security, the Attorney General, or any
other official or employee of the Department of Justice or the
Department of Homeland Security shall not--
(A) use the information furnished by the applicant,
or the sponsoring employer described in subsection
(c)(2)(A), pursuant to an application filed under this
section for any purpose other than to make a
determination on the application;
(B) make any publication whereby the information
furnished by any particular applicant or sponsoring
employer can be identified; or
(C) permit anyone other than the sworn officers and
employees of the Department of Homeland Security to
examine individual applications.
(2) Penalties for false statements in applications.--
Whoever files an application under this section and knowingly
and willfully falsifies, misrepresents, conceals, or covers up
a material fact or makes any false, fictitious, or fraudulent
statements or representations, or makes or uses any false
writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry, shall be subject
to section 1001 of title 18, United States Code.
SEC. 3. MODIFICATION OF H-2A REGULATIONS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Labor shall modify the Secretary's regulations
governing the program under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) so as
to ensure that aliens desiring to come temporarily to the United States
to work in an agricultural labor or services occupation not of a
seasonal nature are eligible to be granted authorization for employment
in the United States on an annual, rather than a seasonal, basis under
such program.
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