The Perplexing Law and Practice Surrounding Farm Workers
The complex relationship between the legality of farm workers and their employment in the United States has long been a controversial topic. While the law restricts the hiring of undocumented immigrants, many continue to work in agricultural roles, leading to confusing and often frustrating situations.
Why is it Illegal to Hire Illegal Immigrants?
One major reason behind the enforcement gaps is the increasing ownership of farms by large corporations. These corporations have the financial resources to make significant political donations. Consequently, elected officials and government agencies can be heavily influenced in terms of how laws are enforced and regulatory actions are implemented.
Moreover, the influence of politicians is particularly pronounced among certain political parties. Republican farmers often ignore legal issues and avoid accountability due to their political affiliations. This enables them to continue exploiting undocumented workers, even when government agencies like the Customs and Border Protection (CBP) arrest them for workplace violations. The cycle of elected officials accepting campaign contributions from these farmers further perpetuates the problem.
Correct Terminology and Legal Status of Farm Workers
It is important to use the correct terminology and understand the legal status of farm workers. The proper term is 'illegal aliens,' not just 'illegal immigrants.' It is rare to find undocumented individuals who work on farms for the produce, as the majority of non-citizen workers in agriculture carry valid work visas.
Many of our non-citizen farm workers are legally documented through H-2A visas, which represent Temporary Agricultural Workers. This visa program facilitates the employment of foreign workers to address seasonal labor shortages in the US agricultural sector. As mandated by the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), this program ensures that workers receive fair wages, safe housing, and proper transportation.
Empowering and Protecting H-2A Workers
The H-2A Visa Program includes several key provisions that protect and support workers:
Employers are required to guarantee employment hours of at least 75% of the contract period for H-2A workers.
H-2A workers are exempt from paying Social Security and Medicare taxes, and the employer is not required to pay these taxes either.
Workers may owe U.S. federal income tax upon filing their tax returns for the year.
However, despite these protective measures, many workers, especially those unfamiliar with the H-2A program, struggle to connect with potential employers. This can result in a mismatch between labor supply and demand, thereby increasing exploitation.
The Preferential Treatment of Unlawful Practices
It is disconcerting to note that many US farmers deliberately choose to break the law to maximize profits. By hiring undocumented workers, farmers can potentially save on labor costs, as these workers are willing to do agricultural work without the proper documentation. This illegal activity is often driven by the high demand for cheap labor in agriculture.
Despite the existence of legal avenues and protections provided by programs like E-Verify, many farmers remain unmoved. These situations highlight a broader issue of systemic neglect and a lack of meaningful accountability for those who choose to circumvent legal responsibilities.
Ultimately, addressing these issues requires a multi-faceted approach, involving better education, more robust enforcement mechanisms, and a commitment to fair labor practices across the agricultural industry.