LANSING, Mich. (Michigan News Source)- Ten Michigan Democrats and one Republican introduced House Resolution No. 66 last week in an effort “to urge the United States federal government to take action to expand pathways for legal immigration, help Michigan fill legal immigrant positions, and increase access to nonimmigrant work visas.”

The legislators cite the fact that migrant and seasonal farm workers are vital to Michigan’s agricultural and economic growth and report that Michigan farmers employ approximately 46,000 migrant and seasonal farm workers during peak season and 10,000 workers during non-peak season.

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Rep Fitzgerald (D-Wyoming), a co-sponsor of the bill, gave the following statement to Michigan News Source about HR 66: “This resolution seeks to address critical needs in America’s economy, workforce, and immigration system that are most appropriately addressed by our federal partners. The need for legal and qualified seasonal workers is apparent in Michigan’s agricultural industry. Ensuring that workers can navigate our systems for legal immigration or work visas is vital, and we must consider the human impact of any legislation to fight against potential abuse and injustice for these people.”

In the Resolution, the legislators point out that the H-2A temporary agricultural workers program is a federal program intended to help American farmers fill employment gaps by hiring workers from other countries. The visa program allows farmers who cannot find labor to hire nonimmigrant workers for seasonal or temporary work that lasts no longer than one year but that United States Citizen and Immigration Services may extend migrant workers ’ H-2A classifications for qualifying employment in increments of up to one year for a maximum stay of three years. After that, the “nonimmigrant” workers must depart and remain outside the United States for an uninterrupted period of three months before seeking readmission as an H-2A nonimmigrant.

The legislators say that there has been a steady increase in applications for the H-2A visa program in recent years and that the number of H-2A visa applications has increased 157% in the past five years and quadrupled in the last decade. 

They report that in fiscal year 2022, the Department of Labor certified 371,619 H-2A positions, an increase of 17% from fiscal year 2021 and an increase of nearly 100,000 positions from fiscal year 2020. In Michigan, the Great Lakes Ag Labor Services (GLALS) reported a 50% increase in the number of new clients requesting administrative support services to utilize the H-2A visa program in 2022.

The Resolution states that Michigan farmers rely on the H-2A visa program to address labor shortages and that experts have cited numerous factors for the farm worker labor shortage, including the dwindling rural population spurred by growing opportunities away from the farm. The legislators say that these factors are leaving a void in the workforce that cannot be filled by United States citizens alone. 

The legislators continue to say that while the H-2A visa program helps to fill labor shortages, the program has significant flaws that prevent it from effectively achieving its purpose. Instead of having a consistent workforce, farmers are forced to watch their workers repeatedly renew their visas and leave the United States for months at a time. 

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The Resolution says that workers are at higher risk of suffering serious abuses, such as paying exorbitant fees to labor recruiters, being underpaid and overworked, discovering that the jobs they applied for do not exist, and, in some instances, becoming victims of human trafficking. Because employers control workers’ visa statuses, many workers feel powerless to defend and enforce their rights. The legislators say that expanding pathways to legal immigration would provide employers with a consistent workforce and give workers a mechanism to protect their rights.

With the Farm Bill due for renewal this year, the legislators say that the debate about this bill by Congress provides an “opportunity to take action to improve the H-2A visa program and expand pathways for legal immigration” and they “urge the United States federal government to take action to expand pathways for legal immigration, help Michigan fill legal immigrant positions, and increase access to nonimmigrant work visas.”

Co-sponsor and Rep. Julie Brixie (D-Okemos) also responded to Michigan News Source about the bill by saying, “Michigan’s agricultural sector is facing a labor crisis. Generational farm owners are aging out of the profession. Young people are leaving rural communities in droves. I’ve heard from farmers throughout the state (I’m the chair of the Agriculture and Rural Development and Natural Resources Appropriations Subcommittee). The top problem I hear again and again is that they don’t have the workers they need.”

Brixie continued, “Employed on low wages, Michigan’s agricultural labor force works tirelessly to ensure farmers can grow and harvest crops on a massive scale. That workforce powers our agricultural and food industries, which contribute nearly $105 billion annually to the state’s economy. Americans are increasingly unwilling to do this grueling work, often moving to cities with greater economic opportunities. As a result, farms don’t have the workers they need to stay productive.”

The Resolution was referred to the Committee on Agriculture and the legislators asked that it be transmitted to the President of the United States and the members of the Michigan congressional delegation.