[Congressional Record Volume 151, Number 159 (Tuesday, December 13, 2005)]
[Senate]
[Pages S13504-S13505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAMBLISS:
  S. 2087. A bill to amend the Immigration and Nationality Act to 
provide for the employment of foreign agricultural workers, and for 
other purposes; to the Committee on the Judiciary.
  Mr. CHAMBLISS. Mr. President, I rise to introduce the Agricultural 
Employment and Workforce Protection Act. My home State of Georgia is 
one of the most diversified agricultural producing States east of the 
Mississippi. The livelihood of many of my constituents and many 
Americans across the country depends on the quality of the crop, the 
bounty of the harvest, and the health of the livestock.
  In drafting this legislation I am introducing today, I was guided by 
four principles:
  1. Prevention--if we do not stem the tide of illegal immigrants 
coming into our country then there is no point in Congress attempting 
to have a positive impact on our immigration policy. Strict enforcement 
of our immigration laws is essential and we should demand no less.
  2. Protection--the United States has always been a welcoming country 
to immigrants, and many non-immigrants are admitted for temporary 
periods to perform necessary jobs--particularly in the field of 
agriculture--that employers cannot fill. However, any temporary worker 
program must provide adequate protections for American jobs. Employers 
should not view alien workers as a way to get cheaper labor--it is not 
fair to Americans willing to work hard and looking for a well-paying 
job and it is not fair to the aliens who are exploited by working for 
sub-standard wages.
  3. Accountability--if Congress, through reform legislation, provides 
employers with an avenue to obtain legal temporary workers, there 
should be no tolerance for employers who hire illegal aliens. We all 
know that many illegal immigrants come to the United States seeking 
employment. Employers who flaunt the rule of law by hiring illegally 
are hampering our efforts to secure the border by providing incentives 
for people to illegally come to the United States, and they must be 
held accountable.
  4. Compassion--We are a Nation of immigrants and immigrants have made 
many wonderful contributions to our country--not the least of which is 
helping ensure there is a stable supply of food in the grocery stores 
for all Americans. We need to ensure that those workers who come to the 
United States on a temporary basis to perform agricultural work are not 
exploited and are treated with fairness and respect. The best way to 
show compassion for illegal immigrants is to stop illegal immigration.
  I know the Senate is planning to take up debate on comprehensive 
immigration reform early next year, and I think it is important that we 
engage in this discussion. The purpose of my legislation is to ensure 
that reform for the agricultural community is included in whatever 
reforms Congress considers. The agricultural sector of our economy has 
been historically plagued by illegal immigration. We already have an 
avenue for agricultural employers to obtain legal temporary workers--
the H-2A program. However, many agricultural employers do not use the 
program because its bureaucracy is difficult to navigate, it is costly, 
and it is litigious. In addition, it excludes certain occupations from 
agriculture. My legislation provides needed reforms to the H-2A 
program, provides for the creation of a temporary blue card program, 
establishes an H-2AA worker program for cross-border commuter workers, 
and, above all, provides for increased border security.
  First, it mandates that the Department of Homeland Security establish 
and present to Congress a comprehensive plan for increased border 
security and stricter enforcement of our Nation's immigration laws, 
including detailed strategies, timelines, and estimated costs. Until 
such time the Secretary presents and Congress approves the plan, some 
interim measures would apply.
  Second, the legislation streamlines and modernizes the H-2A program. 
H-2A is not a new guestworker program. It has been around for many 
years, but underutilized because of its high costs, red tape, and risks 
of drawn out litigation. To increase the use of the program, the bill 
expands the definition of ``agriculture'' to include industries that 
have been excluded from use of the program previously--industries such 
as poultry, seafood, and meat processors, landscapers, and 
reforestation contractors. The bill also bases the definition 
``temporary'' on the duration a worker is allowed to be in the

[[Page S13505]]

United States rather than tying it to seasonality. Some agricultural 
occupations, like poultry producers and dairy producers, do not follow 
seasons but require workers year round. If these employers in 
occupations previously excluded from the H-2A program were offered a 
viable alternative to an illegal workforce, I have no doubt they would 
seize it.
  Third, my legislation creates a cross-border commuter worker program, 
called the H-2AA program. This program is modeled after the H-2A 
program, but recognizes that many farms located close to the Canadian 
and Mexican borders seek to employ workers who prefer to live in their 
home countries and simply come to the U.S. each day. The H-2AA program 
exempts farmers who employ these H-2AA workers from the housing and 
transportation requirements of the H-2A program, and requires those who 
use it to enter and exit the United States each day. It allows these 
agricultural operations to attract workers who live close to the 
borders but do not desire to move to the United States.
  Finally, my legislation establishes a blue card program. This is a 
temporary program that provides for the transition of employees who are 
currently here in an undocumented status filling needed jobs. To 
qualify for a blue card, aliens must have worked at least 1600 hours in 
agriculture in 2005, have never been convicted or a felony or a 
misdemeanor in the United States, and must have a petition filed on 
their behalf by their employer. Only after a background check is 
conducted by the Department of Homeland Security would these blue card 
workers be allowed to work in the United States for a period of 24 
months before they must return to their home country. The blue card 
allows employers who are currently utilizing an illegal workforce to 
transition their workforce into a legal one by having their employees 
leave the country and return on the legal H-2A temporary worker program 
without experiencing a complete work stoppage. There is no amnesty with 
the blue card program--all workers must return to their home country.
  The underlying premise of any guestworker program and explicitly 
provided for in my proposed legislation is that United States employers 
should not be allowed to utilize a guestworker program unless and until 
they have actively recruited American workers and are unable to find 
enough to fill needed jobs. We don't want to stifle American businesses 
but more importantly we don't want to disadvantage American workers.
  I hope my colleagues will join me in supporting practical needed 
reforms for the agricultural community and I look forward to the time 
early next year in which this vital issue will be debated here in the 
United States Senate.
                                 ______