The Farm Workers Modernization Act and the Fragility of the Immigration System

Farm Workers in Oxnard, California. Photo by Alex Priomos

It is no secret that America’s immigration system is in need of vast reform. Our current legal immigration system is restrictive, relies heavily on congressional action, and lacks an efficient pathway to citizenship for a large number of immigrants. Among these, one notable flaw in the system is the amount of power the president holds, particularly the authorization to ban immigrants and drastically limit refugee admissions. 

During his term, former President Donald Trump took advantage of this executive power passing over 400 anti-immigration executive actions. These actions included, but were not limited to, a call for more active deportation policies, a reduction in the number of refugees admitted, and restrictions of the issuance of green cards and work visas. Trump’s vast anti-immigration reform exposes a considerable flaw in the United States immigration system: without binding laws and framework, every coming president has the opportunity to modify the system and risk uprooting the livelihood of the approximately 50 million immigrants in America.

Despite this anti-immigration rhetoric, the United States continued to rely on immigrants as a labor force, especially in the agricultural sector. The nation’s 3 million farmworkers, 72% of whom are immigrants, contribute largely to the prosperity of America’s agricultural system. However, nearly half of all farmworkers are undocumented. Despite the American workforce’s strong reliance on undocumented immigrants, the path to citizenship became increasingly more difficult during the Trump Administration.

Considering the importance of immigrants to the U.S agricultural system, immigration reform that creates an easier path to becoming a U.S citizen is essential. In California alone, approximately 75% of the farm workforce are undocumented immigrants. Unfortunately, their path to gaining citizenship is nearly impossible. Under current legislation, unauthorized immigrants who entered the United States without presenting themselves to the Department of Homeland Security or Immigration Customs Enforcement and are not eligible to apply for green cards. The vast amount of undocumented immigrants in the United States is not the fault of the immigrant, but rather the fault of the government for not allowing enough immigrants to enter the country legally. Lawful immigration to the U.S only exists for a select group of individuals (for example, those with family relationships or asylum seekers). Because most immigrants are unable to qualify under this status, they enter the country illegally. Furthermore, because they entered the country illegally, these immigrants are not able to obtain a green card and apply to become legal citizens.

The irony that most farmworkers are undocumented yet essential to United States’ food security is no coincidence. By keeping farmworkers undocumented, employers have leverage over their workers who are less likely to report labor law violations or bargain for better pay or working conditions due to fear of retribution. 

On March 18, 2021 an important step towards revamping our immigration system took place in the House of Representatives. The Farm Workforce Modernization Act was passed in the House and now awaits a vote in the Senate. This act enables undocumented immigrants who lived or worked inside of the U.S to apply for a green card. It also reforms the current H-2A temporary workforce visa program by streamlining the application process and stabilizing H-2A worker wages. This act is especially important for states like California that rely heavily on a large immigrant workforce. Several farm labor and agricultural businesses have shown support for this legislation as they see the bill as necessary for the prosperity of our country’s farms and important to eliminating the fear of deportation for workers and employers.

While the bill is a bipartisan one, it faces a difficult path in the Senate. The bill would require the support of nine Republican senators to avoid a filibuster and proceed. Several Republicans against the bill claim that it will increase migration to the United States. However, the bill focuses primarily on providing an opportunity for farmworkers who already work in the United States to apply for a green card.

While this act is promising and certainly opens up conversations for comprehensive immigration reform, it is not the panacea for the current farmworker dilemma. The bill does not provide the ability for farmworkers to organize and ties farm workers' legal immigration status to a commitment to continue working in the agriculture department. Farmworker groups such as Community to Community argue that “that the expansion of H-2A would, “continue a trend that has been displacing domestic farmworkers for the last twenty years.” This Act works under the guise of expansive immigration reform, when it actually strengthens the discriminatory system of employers holding power over farmworkers. While this Act does create a path to citizenship for undocumented farmworkers, it is important to note the dangerous precedent this act sets in terms of immigration reform. An immigration system that thrives on the discrimination of farmworkers and ties immigrants to low-paid and harsh working conditions reinforces the irony of relying on immigrants while treating them as less than human.

During his campaign, President Biden made the promise to revitalize America’s immigration system.  Biden has shown support for the bill stating that it would “...finally enact the long-term solutions we need to create a safe, orderly, and humane immigration system.” Long-term solutions are certainly needed, especially as the Biden Administration begins to reverse the anti-immigration legislation of the Trump Administration, and prevent such legislation in the future. While the prospect of bipartisan immigration reform is promising, we must continue to recognize the fragility of immigration reform. To avoid the continuation of a prejudiced immigration system, we must continue to advocate for immigration legislation that considers immigrants in terms of personhood, rather than economic value.

Jocelyn Fahlen is a Staff Writer for CPR and a first-year student studying Environmental Science.