Ga. ag industry eyes Congress for workforce reform

Apr. 17—ATLANTA — A consequential bill that would overhaul Georgia's farm worker industry is making its way through Congress with bipartisan support. But both employers and farm worker advocates say they hope for changes in the Senate.

Known as the "Farm Workforce Modernization Act," the bill would expand the federal H-2A guest worker program that Georgia relies on. Another major provision that provides a pathway to citizenship for undocumented farm workers has gotten pushback from most GOP lawmakers. The measure originally passed the U.S. House of Representatives in 2019 and again last month, with 30 Republicans voting in favor.

Stakeholders on both sides say the effort — that took extensive negotiations — is not perfect and the eyes of the agriculture industry have turned toward one of Georgia's newest senators for potential changes in the upper chamber.

Peach State farmers have long advocated that the federal program — which grants temporary visas to migrant workers for seasonal agriculture work — is critical for getting produce from fields to tables. But the system has been riddled with problems that hurt both farmers and workers.

Migrant farm workers have received a new level of attention for the vital role they play in feeding America during the pandemic. But even before COVID-19 disrupted the agriculture industry, Georgia farmers called for an expanded guest worker program.

"These are individuals who have done some of the hardest work that there is and supported our country supported our economy through one of the most difficult times that we have seen," said Andrew Walchuk, attorney for advocacy organization farm worker Justice. "The fact that we were able to go to grocery stores — when everything else was flying off the shelves and disappeared last March — but we still had a constant supply of food coming to us, that was because of our country's farm workers."

Despite some bipartisan support, the provision that outlines steps to citizenship for workers, albeit long, is starkly opposed by Georgia's GOP Congress members. Many label the bill a product of President Joe Biden's "radical" immigration policy.

Long-awaited changes

Georgia and Florida usually bat back and forth for the title of the state with the highest number of workers contracted through the H-2A program. The Peach State fell behind Florida in Fiscal Year 2020 as the nation's second highest user of the program. Last year, Georgia contracted more than 27,600 migrant workers through the federal program, according to the Office of Foreign Labor Certification.

The number of H-2A visas issued has grown year after year — the number nearly doubling between 2015 to 2020 to more than 213,000 visas.

Under the conditions of the pandemic, the threat of shuttered embassies, which facilitate the temporary visas, caused alarm for employers who were unsure if their workforce would even make it to the farm. The issue was resolved, thankfully for Georgians who still had access to food as the economy shut down.

"All the growers and all the farm workers were working through the pandemic," said Charles Hall, president of the Georgia Fruit and Vegetable Growers Association. "I think our growers and our farm workers rose to the occasion and got things done."

The rapid expansion of the H-2A program and decline in domestic labor force has caused problems for both farmers and workers. Employers say they are stuck navigating a cumbersome system while advocates say workers are vulnerable to exploitation.

Georgia farmers cite troubles from a shortfall of U.S.-born workers coupled with an unwillingness of Americans to do the often grueling farm work — leaving a workforce gap reliant on migrant farm workers to fill. Changes at the federal level to address extending visas to better align with agriculture needs and streamline the complicated paperwork process have been long awaited.

The proposal would create an elongated visa program for agriculture sectors that require workers year-round and requires the Department of Homeland Security and the Department of Labor establish an online portal that farm employers can use.

It also freezes wages where they stand then caps annual increases. According to the Department of Labor, wages currently range from $11.81 to $16.34 across states, with Georgia at the low end of the spectrum.

Bill Brim, chief executive officer of Lewis Taylor Farms in Tifton, said he is concerned some aspects of the proposal would hike expenses for farmers, but noted stakes are high for Georgia's ag industry already hard hit by tariffs and struggling to compete with cheaper imports from Mexico.

"We need the workforce because American workers aren't going to work on the farm," he said.

But for farm worker advocates, the measure builds in much needed protections for H-2A guest workers whom they say are vulnerable to exploitation.

"We want to make sure that those workers who are coming to the U.S. through these programs are able to avail themselves of the rights that they have under U.S. law," Walchuk with farm worker Justice said. " And also to expand those protections that exist for many domestic workers, to cover those guest workers."

Hall said more Georgia growers are using the program, emphasizing the need for extensive changes — and quickly. The Georgia Fruit and Vegetable Growers Association did not support due to various provisions that he says doesn't fit the produce farmer's needs.

"Hopefully we get some H-2A and some farm worker reform done in this in this year," he said. "Before we get into another election year."

Georgia voice at the table

Ag employers are hoping Sen. Rev. Raphael Warnock addresses some of their concerns as the bill moves forward.

The state's first Black senator and Savannah native was slated for the powerful position of chairing the Senate subcommittee that oversees agriculture during his first stint in office. He and fellow Democrat U.S. Rep. Sanford Bishop — who has championed ag issues in the House — toured South Georgia farms last month and met with ag industry leaders.

"We're trying to make sure you know (Warnock) is aware of what our needs are because the fix has got to come in the Senate," Hall said.

Since his appointment, Warnock has championed expanded resources for Black farmers and has promised to delve into other issues plaguing Georgia's ag industry. Warnock said he plans to work with Senate colleagues to make sure steps taken on the bill will "work for both Georgia farmers and farm workers."

"Last week, traveling through Southwest Georgia to meet with farmers and producers, I heard firsthand how critical this issue is for both Georgia farmers and farm workers," he said in a statement to CNHI. "My conversations across rural Georgia have made clear that ensuring our farmers have a reliable, strong workforce and that farm workers, and the essential labor they provide, have appropriate legal protections is critical to maintaining our state's position as one of our nation's agricultural leaders."

The "Farm Workforce Modernization Act" earned bipartisan support — with 30 House Republicans voting in favor of the Democrat-sponsored bill in mid-March. But Georgia's House delegation was split down party lines during the vote.

Georgia Republicans starkly opposed the section of the bill that creates a pathway to citizenship for undocumented workers, many of whom have for years been working in America's fields.

"Congress can focus on addressing farmers' workforce needs without granting mass amnesty," U.S. Rep. Rick Allen said in a statement.

U.S. Rep. Austin Scott added the proposal is "too rigid" and unworkable" for farmers.

With Biden in the White House, the possibility of immigration reform has grown; a priority for advocates is to push changes for the undocumented farm workers already living and working within the U.S.

"The million farm workers who are here undocumented and have been working for our agricultural employers for a very long time keeping this country fed," he said, "have been living with the constant shadow and constant fear of deportation and arrest and separation from their families, hanging over their heads."

But the bill outlines a long process for undocumented workers to gain citizenship for themselves and their families but it is not completely celebrated by advocates, either. Workers who have been harvesting crops in the U.S. will need to log many more years before receiving citizenship and may also not have a history of documentation to prove their work.

Negotiations are ongoing, but farmers and workers alike are hoping for a final solution after years of waiting.

"Everybody made sacrifices on each side," Walchuck said. "But those sacrifices resulted in a compromise that has the sort of broad bipartisan support that you see now."