BNA Daily Labor Report
July 21, 2004
Immigration
Sen. Craig 'Confident' of Gaining
Senate Vote on AgJobs Bill This Year
By Fawn H. Johnson
Sen. Larry Craig (R-Idaho) July 20 told BNA that he expects his "AgJobs" bill (S. 1645), which would enable
an estimated 500,000 illegal immigrant farmworkers to earn green cards, will receive a Senate vote before
Congress adjourns this fall.
Craig said he would "find a vehicle" for the bill, allowing the Senate to vote on it as an amendment to other
legislation. "I'm confident I can," he said.
Craig said he discussed the AgJobs bill July 19 with White House officials, who oppose the measure,
according to a Bush administration spokeswoman (138 DLR A-2, 7/20/04). He also said he is in "almost
constant contact" on the issue with the office of Senate Majority Leader Bill Frist (R-Tenn.).
Both the White House and Frist opposed Craig's attempt in early July to attach his bill to an unrelated class
action litigation bill (S. 2062). The class action measure later was pulled from the Senate floor after
supporters failed to garner the 60 votes necessary to cut off debate and limit amendments.
Craig declined to comment on the substance of his discussions with the White House about the AgJobs bill,
stating only, "I would be anxious to get it to the desk of the president, and that is what I intend to do." When
asked what he expects President Bush to do with the bill if it reaches his desk, Craig said, "I think he'll sign it."
Under the bill, foreign workers who are currently in the United States and working in the agriculture industry
would be guaranteed legal permanent residency after continuing to work for a certain period in agricultural
obs. The measure's earned legalization opportunities would not be extended to newly arrived illegal workers
or to new entrants into the Labor Department's H-2A agricultural guestworker program.
The bill has 63 co-sponsors in the Senate.
Craig 'Going His Own Way,' Kyl Says
Sen. John Kyl (R-Ariz.), who chairs a Senate Republican task force focusing on immigration issues, said he
hopes to negotiate with Craig about alternatives to the AgJobs bill before the end of the congressional session.
But, he said, Craig "is going his own way. You can't stop a member from trying to do that."
Kyl told BNA that the immigration task force has not formally met since Craig offered his amendment to
the class action bill. During the debate on the class action bill, Craig "made it clear he was going to proceed
despite the wishes of the leadership," Kyl said.
The goal of the task force, according to Kyl, is to craft a Republican bill that reflects the principles outlined by
Bush when he announced a plan for a broad guestworker program in January (4 DLR AA-1, 1/8/04). Craig's
earned legalization provisions do not fit with those principles, according to both Kyl and the White House,
because they constitute "amnesty" for illegal immigrants.
Administration officials also have said they oppose Craig's bill because it constitutes "piecemeal" immigration
reform, rather than a comprehensive approach as presented by Bush. Craig has argued in response that passage
of his AgJobs bill would represent a "down payment" from the administration promising further reform.
Sen. John McCain (R-Ariz.), who also is on the immigration task force, defended Craig's efforts to amend the
class action bill with his AgJobs measure. "Sooner or later, the Senate will allow amendments," said McCain,
who was thwarted in his own attempt to add an amendment on global warming to the class action bill.
Amendment Strategy Called 'Difficult.'
McCain appeared dubious, however, about the chances that he or Craig would have to offer their proposals
this year. "We're going to keep trying to force votes" by offering amendments, he said, but Senate GOP leaders
have made it clear "that's not the way we're going to proceed."
Sen. John Cornyn (R-Texas), another task force member, also expressed doubt about Craig's ability to force a
vote on the AgJobs bill this year. "Realistically, I think that's going to be very difficult," Cornyn said. He also
disagreed with Craig's efforts to amend the class action bill. "You can't just jam something down senators'
throats," he said.
If Craig succeeds in getting a vote for his bill this year, Cornyn said he would offer an amendment to it that would
create a new guestworker program for all foreign workers, but it would limit their time in the United States to three
years, after which they would be required to return to their home countries. Cornyn has introduced a bill (S. 1387)
with similar provisions.
Cornyn said he would rather postpone the immigration debate until the next congressional session in 2005, which
would allow for a broader debate on the issue.
Senate Judiciary Committee Chairman Orrin Hatch (R-Utah) said legislation is necessary to reform the current H-2A
temporary visa program for foreign agricultural workers. Absent congressional action, "the agriculture industry is
really going to be hurt," he told BNA, adding that not enough American workers will work in the industry.
Craig's bill includes provisions sought for years by agricultural growers that would replace the H-2A program's
cumbersome labor certification process with an attestation process similar to that used by employers seeking
highly skilled foreign workers under DOL's H-1B visa program. In addition, the bill would appoint a commission
that would make recommendations about changing the current method of calculating wages for temporary farmworkers,
which employers say artificially inflates wages.
Hatch declined to comment specifically on Craig's bill, stating only that it is "controversial." According to Craig:
"Every immigration bill is controversial."