JOURNAL-NEWS (White Plains, New York)

August 14, 2008

 

Farmers: Immigration raids imperil harvests

Jay Gallagher and Leah Rae
The Journal News

ALBANY - With the harvest season beginning, farmers around the state say crackdowns on immigrants are causing a widespread labor shortage that threatens this year's harvest of some fruits and vegetables.

"Some farmers are flat-out short of hands," said Pete Gregg, a spokesman for the state Farm Bureau. "They're worried about leaving fruits on the trees and vegetables on the ground."

New York is home to a labor-intensive farming industry that expects this year to produce 3 billion apples, second to Washington state, as well as cabbage, corn, cherries, peaches, strawberries and blueberries. Most of those crops have to be picked by hand.

At Cascade Farm in Patterson, David Frost is preparing to work harder and longer hours when four of his employees return to high school and college, halfway through the growing season. It's impossible to find replacements, he said, even though there is no shortage of willing laborers nearby.

"We've checked with a lot of day laborers, and none of them have papers," said Frost, who runs an educational farm with a range of organic produce. "And we're a not-for-profit, so we don't want to jeopardize our status with any kind of problems. So we're doing it by the book.

"They all need work. We need them. But they don't have papers," Frost said.

About half of the nation's 1 million hired farmworkers do not have legal authorization to work in the United States, according to the U.S. Department of Labor. Earlier migrants have had opportunities to legalize their status, but Congress has deadlocked over a proposed legalization program. Of farmworkers who entered the United States since 2001, only 2 percent have legal status, according to the National Agricultural Workers Survey.

Interviews with 113 Hudson Valley farmworkers in 2002, conducted by the Migrant Labor Project at Bard College, found that 71 percent were undocumented and 21 percent were foreign guest workers.

Gregg said a crackdown on illegal immigrants across the western part of the state has led to a diminishing labor supply.

"They've gotten aggressive in the last couple of years," he said of immigration officials. "We hire workers who to our knowledge are here legally. Then a raid occurs, and we find out paperwork has been forged."

Mike Gilhooly, a spokesman for U.S. Immigration and Customs Enforcement, said he was unaware of any recent raids. He said that deportations usually occur after an encounter with local police.

He said 2,755 people in the country illegally had been deported from upstate (north and west of Westchester and Rockland counties) from Oct. 1 to Aug. 1. For the federal fiscal year that ended Sept. 30, the figure was 2,917.

Two farmers contacted for this article said they didn't want to be quoted for fear of retribution by ICE.

The enforcement issue looms large in western New York, where the Border Patrol is present and federal detention beds are available. Still, Hudson Valley growers have taken note of the fact some police departments are moving to work more closely with immigration officials and that the Orange County jail has agreed to house ICE detainees.

In the Hudson Valley, most farmers have found the workers they need, but some were short at the start of the season, said Chris Pawelski, an onion farmer in Pine Island. He serves on the New York Farm Bureau's labor task force and on the board of the Orange County Vegetable Growers Association.

"Year after year, it's been getting more difficult," he said.

A number of local apple growers, such as Orchards of Concklin in Rockland County, said they've been able to handle the harvest through their year-round staff and the "pick your own" business.

Some growers are tapping the H-2A visa program. Cornell University professor Max Pfeffer, who studies agriculture and other rural issues, said more aggressive enforcement of immigration laws along the Mexican border and within the state has diminished the number of immigrant workers in New York, who typically number between 15,000 and 30,000 during the harvest season.

"There's a real cause for concern here," he said. "Clearly there is the need for these farmworkers, and there are fewer of them arriving. … There is no clear alternative to these workers."

Gregg said the jobs typically pay from $9 to $20 an hour, depending on how skilled a picker is. But he said the temporary nature of the work, two months or so, and the physical demands make the jobs undesirable to most local workers.

Pfeffer said the solution is a more formal way to recruit and transport workers from Latin America to New York - both to assure the farmers of adequate labor and the workers a safe trip paid for by their employers.

H-2A has been helpful in doing that, Gregg and Pfeffer agreed. But it is done on a relatively small scale. Last year, 276 New York employers and just less than 4,000 workers participated.

The program gets mixed reviews. Farmers complained earlier this year that the state Labor Department was gumming up the works in that program by requiring farmers to first consider Puerto Rican workers before those from other parts of Latin America could be hired. But the state reversed its policy and has been helpful since farmers protested, Gregg said.

At Stuart's Fruit Farm in Somers, two men have come from Jamaica under H-2A visas for 30 years to help with Bob Stuart's apple harvest. Except for a glitch in the red tape earlier this year - Stuart said he needed the help of Sen. Charles Schumer's office to sort out an error by the federal government - the program has been satisfactory to him.

The problem could be solved if Congress passed a bill to overhaul the country's immigration policy, but that's unlikely to happen soon, said Rep. John R. Kuhl, R-Schuyler County. Congress has deadlocked over the question of what should happen to illegal immigrants already in the country. The AgJOBS bill, which would legalize hundreds of thousands of farmworkers, has also stalled.

Kuhl, a member of House Agriculture Committee, said he favors as a temporary solution a measure that would make it easier for farmworkers to get into the country.

"We need some sort of a system that will allow people to come in on a temporary basis, for maybe up to three years," he said.

Pawelski said it's essential to reform the existing guest-worker program and make it a long-term source of seasonal workers. He considers the AgJOBS bill a mere "five-year buyout" - one that would supply newly legalized farmworkers only to see those workers move on to other kinds of jobs.

"That's just the American way," he said.

In Patterson, Frost said he's focused on what he will do in the fall with only three remaining employees.

"There's crops that won't get tended to, so the harvest won't be as abundant as it would otherwise be," he said.

And if he were calling the shots?

"I would wish that our government would find a way to have a program where individuals who are in this country already could work and could be paid and could pay their taxes," he said.