As it is, the H2A visa programme is already uncapped, meaning there is no legal limit to how many workers it can bring in. The only limits are the costs it imposes on employers required to provide housing, food, and transportations, with growers frequently cutting corners to keep costs down and ignoring the requirement to first offer jobs to local workers.
Still, employers are bent on expanding the H2A programme to year-round industries, and worst of all, they want to reduce the federally mandated wages they must pay these workers. In a bitter irony, the prospect of mass deportations is now being used by some industry lobbyists as just the latest excuse to expand the H2A programme, saying, in effect: If you get rid of one cheap foreign workforce, we’ll need another one to replace it.
Shockingly, the agricultural lobby, with help from several Republican attorneys general, has even opposed a Biden administration rule requiring seat belts on company vehicles transporting H2A workers. This includes the attorneys general of Idaho and Washington state, where deadly bus crashes involving seatbelt-less company vehicles have left dozens of H2A workers dead.
Unbelievable as it may seem to many conservatives, it was the Biden administration that sought to protect jobs of American workers against displacement by H2A workers. In sharp contrast, it was the first Trump administration that accommodated Big Ag’s priorities on H2A, cutting their wages and thus making it cheaper to displace American workers. Donald Trump even granted H2A workers a special exemption to his Title 42 executive order closing down the border, making sure H2A workers could continue to enter the country during the pandemic.
Put another way: the populist Right, on its own, doesn’t have the influence within the Republican coalition to restrict programmes like H1B and H2A in the face of powerful corporate constituencies like Big Tech and Big Ag. The populist Right’s arguments against mass migration may have helped the GOP make historic gains among working-class voters, including with many Latinos who compete in the same economic sectors with new arrivals. But that doesn’t change the fact that Right-wing populists lack the muscle to take on Silicon Valley’s preferences on H1B or Big Ag’s preferences on H2A. The nonstop pilgrimages of tech barons such as Elon Musk, Tim Cook, and Mark Zuckerberg to Mar-a-Lago will see to that.
Thus, any serious effort to reform the legal immigration system will need to attract progressives like Sanders who understand the negative impact of guest-worker programmes on American workers of all races. Trade unions would be critical in forging such a bipartisan coalition. However, labour has one major demand from any immigration reform effort: an amnesty for existing undocumented workers.
This demand is born out of the most basic duty of any union: loyalty to members. Every union has a legal duty to represent every member of a bargaining unit, regardless of immigration status. The threat of deportation isn’t theoretical to labour. Organisers know from bitter experience that workers who are afraid of getting deported are harder to organise. Many have seen first-hand how the immigration status of outspoken worker leaders is used to silence or even deport them.
Expanding union density in the 21st century, then, requires taking into account the interests of undocumented workers. While employers may be happy to exploit these workers indefinitely without ever extending citizenship rights, the labour movement is locked in as a powerful constituency in favour of a pathway to citizenship. This disposition unavoidably complicates the populist Right’s efforts to consolidate into a coherent pro-worker project.
Despite this, there remains the outline of a deal here for those paying attention: legislation that restricts exploitative guest-worker programmes such as H1B, H2B, and H2A, while extending a pathway to citizenship to the undocumented workers who are already here. Such a compromise could be combined with E-Verify provisions to effectively ensure a closed labour market going forward and assuage concerns on the Right about spurring further migration.
This would be an immigration platform designed to appeal to Main Street, not Wall Street, and one which the emerging populist centre of American politics can rally behind. Call it the American Workers First Act, with four major provisions: restrictions on guest-worker programmes; amnesty for undocumented workers without criminal records; mandatory E-verify going forward; and substantial investments in US workforce development.
This is admittedly a long shot in the current political climate. Any deal would need to include a sizable enough amnesty for Democrats to turn on powerful constituencies that would oppose any restriction to guest-worker programmes, such as Silicon Valley. In turn, any deal that includes the dreaded A-word, would have to overcome significant scepticism on the Right, and likely necessitate other significant concessions to restrictionist priorities.
But despite the obvious challenges, it’s easy to see what both the populist Right and the labour Left have to gain from such a bargain. For the Right, America would keep the predominantly Latino (and mostly socially conservative) longtime residents already living here, while compelling them to learn English and pay taxes. In exchange, restrictionists would get to slash the number of migrants coming legally for the first time since 1924.
For the labour Left, such a deal is first and foremost a pathway to citizenship for very deserving and hard-working people. Extending full citizenship and labour rights to the undocumented workers who make up a large share of the workforce in sectors such as agriculture, hospitality, caregiving, and construction also creates new organising opportunities. Many Democrats would no doubt still strongly oppose a compromise that went against the interests of major corporations. But the political pressure to seize the long-awaited opportunity for a pathway to citizenship would be unavoidable.
Could any Democratic senator really tell her constituents that she voted to keep the Mexican grandmothers undocumented in order for Elon Musk to continue bringing in tech workers on demand from India?
This is the conversation we should be having. The days of relying on business interests to deliver Republican votes for immigration reform are clearly gone, and have been since at least 2013. For a labour Left looking to protect and empower our undocumented members, it is the populist Right we should be negotiating with.
An immigration policy truly concerned with the interests of American workers would recognise a highly exploitable permanent immigrant underclass as a threat to American jobs and wages — one best eliminated by extending the rights and responsibilities of citizenship, not by the cruel and unworkable fantasy of removal. American workers would be the biggest winners of a compromise which would leave them able to compete on a fair and level playing field.
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SubscribeGreat article, implicitly highlighting how much the soon to be incumbents of the White House are leaning with the Billionaire’s Club and not the ‘little guy’. No fan of Steve Bannon but he’s correct to call MAGA attention to ‘con-job’ they’ve fallen for buying into the Trump/Musk rhetoric. Trump even uses H2A at Mar-a-Lago. ‘America First my posterior if it costs me more!’
Author also correct though there is a possibility of a Congressional alliance here that gives Main street what it really wanted. The Democrats could just let Trump and Johnson stew in their own contradictions as they try for one all encompassing Reconciliation Bill with a fragile majority. Or they could exact a ‘price’ for support of which this is one. Now that would tie a number of Republicans in knots, caught between their voting base and their Billionaire funders.
Personally I’d let Trump swivel and allow it to become ever clearer his favouring Americans had limits if it adversely impacted on himself and his Billionaire backers and Tech Bros. But also poss enough Democrats might take a longer view and include H-1B to hit Musk too.
Has Unheard been hacked?
After reading this article I reflected that AI together with advanced robotics will almost certainly revolutionise the agricultural industry within the course of this decade – especially in USA.
Some of those tech smart immigrants that Elon wants no doubt well be required- but a large pool of low skilled labour for picking, packing, ploughing , sewing and weeding? I really doubt it. Same for livestock farming too. The days of teams of milkmaids are long gone. And if the current workforce decided to get really militant the process of automation would significantly accelerate.
An interesting notion, in no imminent danger of being taken up by many labor activists or border hawks. Whatever you think of them, there aren’t too many prominent politicians like Bernie Sanders and John McCain these days: those willing to reach across the aisle and make pragmatic alliances when it counts, on certain key points. I guess the rarity of the breed is shown by the fact that one is over 80 and the other is dead! (Or maybe I’m missing a bunch of younger/living examples).
I don’t agree with general amnesty for illegal immigrants who are already here. A pathway to citizenship for those with a clean record (putting aside jaywalking or minor traffic stuff, etc.) and a good employment record does seem fair. Keep in mind that a large number of Latinos subject to deportation have American-born children; birthright citizens. For most adults who contribute and behave ok by loose American standards, summary deportation isn’t correct, let alone needed*.
But I’m curious about the author’s claim that aspiring citizens would be “forced” to learn English. From what I hear, people can pass the citizenship test by memorizing, with very little general comprehension. I’m pretty traditional and even a bit reactionary when it comes to making some effort to learn English over time once you’re here. I don’t know that anything, such as an English-immersion program, should be mandated. But what if it were made available at little or no charge to learners? The benefits would likely outweigh the costs, and let’s not pretend that deporting millions won’t be expensive, plus disastrous for a lot of businesses, large and small.
Short of coercion, English acquisition can be more strongly encouraged, and expected. It is in the single greatest factor in acculturation or failure to acculturate. You should not spend decades living here in
Los Estados Unidos de Americathe USA in a “no ingles” condition. (There could be rare exceptions: perhaps you arrive as an elderly, illiterate war refugee or suffer a head injury soon after arrival).This atomization under one flag has spun out of control. What country, outside of the Anglosphere, doesn’t expect you to learn the national language over time?! Or at least have the courtesy to arrive wealthy!
On this issue and others, we should be more willing to hear and actually consider opposing arguments. We need to stop treating every instance of compromise and consensus-building like some apostasy or “illegal border crossing”.
*But far fewer immigrants should be let in, or allowed to stay, than what we have had under several presidents this century, Biden being the worst offender.