Thread: Guest worker plan in Alabama? State has eye on Utah program

Guest worker plan in Alabama? State has eye on Utah program

1:46 AM, Oct. 30, 2011 |
Written by Brian Lyman

Bill Wright is a self- described conservative critical of what he calls an "entitlement mentality" in the nation. And he says undocumented immigration to the country is part of a lack of "due diligence" by the federal government and states.

But Wright also said that it's impractical to send everyone back, and thinks deportation efforts should focus on "bad actors," not working people.

"One of the best ways to distinguish a person's values is whether they're employed," Wright said by phone from his dairy farm in Utah last week. "And that's the criteria to navigate this maze."

Wright, who is also a Utah state representative, sponsored a bill to create a guest worker program for undocumented aliens. Utah's Gov. Gary Herbert signed the bill in March as part of a package of immigration legislation, just a few months before Alabama Gov. Robert Bentley signed this state's immigration law June 9.

Some state officials have looked at Utah's law as a potential model for a solution for worker shortages created by Alabama's immigration law.

Brett Hall, a deputy commissioner with the Alabama Department of Agriculture and Industries, said "everybody who's passed one of these immigration laws" is looking at Utah's program, and how the federal government responds to it.

"We see that as a possible solution," Hall said. "However, it would be an even better idea for the federal government, Congress and the president to take leadership and pass a guest work program that works and serves the needs of agriculture."

The debate, for now, is stalled. The guest worker program, which needs federal approval, won't take effect until July 2013, and a federal judge has blocked the rest of Utah's immigration law.

The program has its critics.

Linton Joaquin, general counsel of the National Immigration Law Center, which is suing to overturn Alabama and Utah's immigration statutes, said Utah's program violates federal supremacy on immigration matters and creates other problems.

"They can't create a guest worker program. They can't create immigration status," Joaquin said. "And unfortunately, the passage of that law involved people being taken advantage of by people advertising work visas."

The proposal

Alabama's immigration law bans businesses from entering into contracts with undocumented aliens, and requires all businesses in the state to enroll in the federal E-Verify program starting April 1. Farmers around the state have reported labor shortages since the law took effect in late September.

The federal government extends H-2A visas for temporary or seasonal agricultural workers, but farmers are required to pay those in the program a set wage of $9.15 an hour and provide housing for them. Some farmers in northern Alabama are exploring the possibility of co-ops to share the cost, according to Hall and Rep. Jeremy Oden, R-Vinemont.

Hall said there has been some talk among legislators about bringing something similar to Utah's program to the legislature, although discussions are inchoate at this point.

"I think everyone is at the same point on the education curve, and we're trying to get up there," he said.

The guest worker program in Utah would extend guest worker permits to those unlawfully present in the country who lack outstanding criminal histories or medical debts. Those applying would have to pay fines: $1,000 for those who overstayed a visa, $2,500 for those who never had lawful presence.

The extent of potential participation in the program is unknown, and it would not protect participants from federal immigration prosecution. Wright, however, said he hoped immigration enforcement would not spend resources going after those with families working in this country.

"Go after the guys who don't want to work," he said. "If you pick up 20 people, you might end up picking up 18 people with families who have jobs."

Some concerns

Sen. Scott Beason, R-Gardendale, one of the co-sponsors of HB 56, Alabama's immigration bill, expressed skepticism about the proposal.

"I don't believe the state can do that unless it's in concert with a program the federal government has in place," he said.

That's also Oden's position.

Oden said he looked at the Utah model but believes the solution will have to come from the federal government, possibly in the form of a "blue card." Debated at the federal level, a blue card would extend temporary status to undocumented workers who can prove they have worked in agriculture for at least 150 days and lack a criminal background. Those applying for the blue card could be placed on a path to permanent legal status.

"Our problem is the state can't say whether a person is going to be a U.S. citizen or not," he said. "What we're looking at, we could do migrant worker program on state level, but we still need approval from the federal government. I'm at the point where we have to push the federal government for an answer."

Beason said he "wouldn't want to be" the state agency in charge of administering such a program.

"Those workers would be in the country illegally," he said. "I'm not sure how far that liability goes. Would the state then be harboring illegal aliens against federal law?"

A 'first step'

The blue card proposal, part of a package called the Agricultural Job Opportunities, Benefits and Security Act, has stalled in Congress. Utah's program may have other issues. The size of the fines, Wright acknowledges, might deter people from going into the program. The representative said that element of the bill was added during negotiations.

"If I had my way, I wouldn't charge that fine," he said. "I don't think we need to extort people. And that's a level of extortion."

Wright said his program is a "first step" to try to deal with the issue, one he hopes will assist businesses and workers.

"It is not only unrealistic but impossible to send everybody home," Wright said. "So let's just deal with the facts."

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Federal law already provides ample visas for anyone who wants to work in agriculture in the US legally and employers have to prove they can't find workers here and then pay an approved way, ensure they bring no family with them, and guarantee they leave the country when the work is finished.

Establishing a co op for the introduction, housing and employment of documented H-2A workers would be the solution. they could be kept track of and farmers would have the labor needed drawn from a central worker pool. They should register with the state be checked and then be dispersed according to demand. There could be a fee placed on them at the state level for admin costs , and this could well be within the states right. Rather than finding new way and trying to reinvent the wheel they should work within the existing regulations.