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February 16, 2009
Editorial
Too many ifs hamper state labor recruiter idea
The business of harvesting perishable commodities presents inherent
problems. If an orchardist doesn't have enough laborers, fruit may be
lost.
There's also an issue with the workers themselves. That happens every
time agricultural employers put up a sign that reads "Workers wanted."
They are required to check documents, but what looks legit often isn't.
Experts say nearly half of those who work harvesting crops carry fake
documents.
The situation begs a solution.
Rep. Bruce Chandler, R-Granger, thinks he might have one. Let the state
get into the business of being a labor recruiter for seasonal industries
like agriculture, construction and the hospitality field.
Under House Bill 1896, that's the proposed outcome. The legislation
would allow the state to take on the recruiter role for employers who
can demonstrate they are unable to fill jobs with domestic workers.
Its ultimate goal is to offer certainty in obtaining seasonal workers
who pass legal muster.
There's little question the state has already benefited from temporary
foreign labor. Last year, nearly 3,000 workers were brought into the
state to help harvest fruit and vegetables under the federal H-2A
program.
The H-2A allows immigrants to come into the United States on a temporary
visa and work at a government-established minimum wage. Growers are
required to provide transportation and pay for visa fees and housing.
So far, so good.
Chandler, the bill's main sponsor, sees a lot of advantages by having
the state serve as a job recruiter for foreign workers.
Chandler points to spot labor shortages last year as proof that
something must be done to shore up what has become a recurring problem
of insufficient farm workers for crops like cherries, for which every
day counts.
Chandler also sees little hope in expanding the number of domestic
workers to help pick fruit. While some news reports indicate a rising
wave of out-of-work laborers heading to the fields in California, it's
just not happening in this state, Chandler argues.
At a hearing Wednesday in Olympia to discuss the merits of the measure,
a grower in North Central Washington told lawmakers about contacting the
state's employment security office for some 200 workers. The office
could only produce two prospects and both failed to show up.
Of course, there's one hitch to Chandler's bill as it is now written. It
requires the state Employment Security Department to petition Congress
for the creation of an essential worker visa classification.
That's a big hitch.
An essential worker is defined as an immigrant who is issued a
nonimmigrant visa and allowed into this country to perform seasonal
labor. These workers would have to submit proper documents and fees, get
a biometric identification card and complete a criminal background
check.
Furthermore, the federal government, which is solely responsible for
issuing visas, must also be asked to take one more step and permit the
state to offer a pilot program before the essential worker visa is
created. Only then can the state start down the road of becoming a job
recruiter.
That's a mighty steep mountain to climb. Do we foresee the federal
government granting this state a waiver so it can get into the business
of issuing visas for temporary foreign workers?
The short answer is no. So is the long answer.
This bill does send yet another message to Congress that something must
be done with immigration reform. Change is not an option; it's
mandatory.
However, having states like ours get into the business of recruiting
seasonal labor is asking for trouble.
That's probably why Chandler has indicated he may amend his measure by
reducing its scope. Instead of seeking a federal waiver, he would have
the state help ease the bureaucratic tangle created by the current guest
worker provisions of the H-2A visas for agricultural workers and the H-2B
classification for nonagricultural laborers.
This amendment may allow the bill to move out of committee. Otherwise,
we see little hope for its survival in its original form.
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