Burning Atlanta

Basically, I don't trust Saxby. But it seems that since his phones lit-up last year over the last amnesty attempt he's treading lightly. Think the hell that was raised scared him a bit.

This is the response I got from my email to him concerning this underhanded attempt at a mini-amnesty.

Thank you for contacting me to share your concerns about Senator Feinstein's amendment, the "Emergency Agricultural Relief Act (EARA)," to the Emergency War Supplemental. It is good to hear from you.

           I strongly oppose this amendment for several reasons and plan to lead the fight in the Senate to defeat it. As you may know, Senator Feinstein's amendment would give a 5 year visa to 1.35 million illegal aliens who can prove they worked at least 863 hours or earned at least $7000 from agricultural employment any time from January 1, 2004 to December 31, 2007. Once granted the 5 year visa, the illegal aliens must continue to perform only minimal work in agricultural and will be authorized to work in any other job in the United States . Not only will they be authorized to work in other areas, but they will be treated as legal permanent residents for hiring purposes; this means they would displace legal temporary workers who have been properly working and returning to their home country under the existing H-2A and H-2B visa programs.

           The amendment also grants a 5 year visa to the illegal spouses and minor children of the agricultural workers. The spouses and minor children must be illegally present in the United States at the time of application in order to receive the visa. However, the application period does not commence until 7 months after enactment of the legislation, giving time to the illegal agricultural worker to send for his or her family. Astonishingly, if the spouse or minor child is caught crossing the border illegally, the amendment prohibits them from being deported and requires they be given work authorization as long as they can make a non-frivolous claim that they are eligible for the 5 year visa. Spouses will be given permission to work in the U.S. in any job, even if they were not previously working.

           Finally, the amendment seeks to make permanent reforms to the H-2A program, which is the current temporary worker program for agricultural workers. Among the reforms is a provision that would grant a 3 year visa to all sheepherders, goatherders , and dairy workers and then allow those workers to obtain a green card. This new pathway to citizenship will not likely promote stability in the sheepherding, goatherding , and dairy farming workforce.

           I believe it is absolutely inappropriate to put an amendment for illegal alien agricultural workers on legislation intended to fund our troops in harms way. The impropriety is even more glaring considering the underlying bill does not include funding for our border patrol and other law enforcement agents fighting to secure our borders and stop illegal immigration.

           I also fervently disagree with the substance of this amendment. First, I would note that those farmers currently using the legal temporary worker program - the H-2A program - are not experiencing any sort of labor crisis. But even for those farmers and ranchers who use an illegal workforce today, this amendment will not fix their problems. In order to maintain the 5 year visa, the illegal agricultural worker must perform only 100 days of agricultural work per year. Knowing that agricultural work is one of the most grueling and labor-intensive jobs today, it is safe to assume that when these workers complete their minimal requirement, they will seek employment elsewhere for the remainder of the year.

Second, I believe this amendment can seriously harm the economic well being of United States workers. This amendment will result in the influx of an estimated 3 million new people to the U.S. workforce. These illegal alien agricultural workers and their spouses will be authorized to work in any industry and this means they will be competing against American workers for jobs. Unfortunately, I predict the fiercest competition will be for lower income jobs, where the workforce is already feeling the negative impacts of this shaky economy.

Finally, I find this amendment unfair to those agricultural workers who have been adhering to the rule of law by using the H-2A program and unfair to those illegal agricultural workers who might take advantage of the program. The H-2A program requires the payment of the Adverse Effect Wage Rate (AEWR), which is higher than the minimum wage and higher than the prevailing wage. For 2008, the AEWR in Georgia is $8.53. In addition to the AEWR, the employers of H-2A workers must provide free housing and transportation. All of these combined requirements add significant overhead costs to the employer, but they are there to provide protections to the workers. The farmers who have been utilizing an illegal workforce will be allowed to continue to use them and they face none of these costs - there is no wage requirement, nor a requirement to provide housing or transportation.

           I care very much about American agriculture. We are able to produce the most abundant and finest quality agricultural products in the world right here in the United States . I know agricultural production is a labor-intensive process and it is critical that our farmers and ranchers have a quality pool of eligible workers in order to harvest. I am committed to finding a solution to any "agricultural emergency" that is consistent with the rule of law and our commitment to border security. I do not think providing a 5 year visa to millions of people who will be working only a minimal amount of time in agriculture or not working in agriculture at all appropriately addresses the problem.