Farmworker plan violates law, panel told
By Tim Hoover
The Denver Post
Article Last Updated: 03/14/2008 02:42:23 AM MDT

Legislation meant to make it easier for Colorado farmers to legally import migrant laborers from other countries would violate federal law, immigration attorneys said Thursday during a hearing.

The hearing marked the second time House Bill 1325 had come before the House state affairs committee without a vote from the panel. Chairman Paul Weissmann, D-Louisville, said a vote might come next week .

Sponsored by Rep. Marsha Looper, R-Calhan, and Sen. Abel Tapia, D-Pueblo, the bill would seek a federal waiver so the state Department of Labor could help speed the process to obtain H-2A visas for migrant farmworkers.

Farmers have complained that a crackdown on illegal immigration has led to a severe shortage of farmworkers in the state.

The bill would allow Colorado to help recruit foreign workers, something that could mean opening offices in other countries.

Employers would have to pay for travel, housing and meals for the workers and the costs of obtaining the visas and workers' compensation insurance.

Employers also would have to withhold up to 20 percent of workers' pay, refunding it only when the laborers return to their home countries.

Critics testifying Thursday included immigrants' rights groups who said many workers are exploited under the H-2A program and the state should not help further the misery.

Others said the bill might not withstand legal scrutiny.

"I don't see that this bill can legally pass because of its conflicts with federal law," said Joy Athanasiou, a Denver immigration attorney.

Jennifer Rodriguez, a staff attorney with Colorado Legal Services, said the bill runs afoul of federal law that requires laborers to be paid in full.

Labor Department officials have said it's unclear whether Colorado could get such a waiver. No other state has done so.

Weissmann offered a more blunt assessment: "The likelihood of a federal waiver is near zero."
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