Immigration Reform Finally Bears Fruit in Congress

In its closing days, the 99th Congress is considering a comprehensive immigration reform bill that tests our nation’s ability to deal intelligently and compassionately with one of the most difficult issues of our time.

A key element of the bill is a program that addresses the labor needs of growers of perishable agriculture products while giving maximum protection to workers. Such a program is essential not only to the passage of an immigration bill but to its effective enforcement.

Given the controversial nature of the immigration issue, the odds of reforming our nation’s embarrassingly unenforceable laws have always been slim at best. However, there is hope that Congress, the President and the American people will realize that carefully crafted changes in immigration law can only improve the present situation.

Generally, there are two ways to approach immigration reform. We can let emotions rule our judgment or we can address the problem in practical terms. Emotional reactions range from rejecting absolutely the idea of accepting any worker who has crossed our borders illegally, to condemning all reform efforts as discriminatory and unenforceable. These are legitimate concerns, but if we do not move beyond them we will never solve the problem.

Even a practical approach must conclude that the illegal invasion of our borders is unacceptable. Still, it recognizes the need for reform. It also recognizes the need for a balanced package, the individual elements of which might be one-sided if considered alone but together can form the basis for a reasonable solution. Finally, it recognizes the reality that we now have thousands of illegal immigrants working throughout our country, particularly in agriculture, and that we cannot just snap our fingers and make them disappear.

The approach taken in the House bill, as well as by a parallel measure passed by the Senate, is to penalize employers for knowingly hiring undocumented workers and to provide an amnesty for persons who have resided continuously for several years in our country and have become productive members of society.

A key to the House package, though, is the recognition of the current reliance of Western agriculture on undocumented workers. In previous years, competing factions on this specific issue--namely growers and representatives of agricultural labor--have joined hands to kill immigration reform legislation.

This coalition was prepared to do the same this year. But a few House members decided to take on the task of finding a positive solution. Through months of bargaining, we crafted an agricultural worker program for perishable crops, which passed the Judiciary Committee.

We reached an agreement because we were able to get past the usual institutional perceptions. Both sides--growers and workers--realized that there are common issues between them. More important, they realized how much they depend on one another. This made the task less difficult, and an agreement viewed as unlikely when negotiations began last October became a reality a few months ago. Last week we worked with other House and Senate members to address concerns they raised, and reached what we believe is a conclusive agreement.

The agreement provides temporary resident status to individuals who have worked in perishable agriculture. The cornerstone of the program is that growers of perishable crops are ensured an adequate and flexible supply of workers, who in turn will have legal status that gives them the full protection of the law. If growers do not provide proper wages or conditions, workers may leave without fear of reprisal. This removes the greatest weapon that has perpetuated the grower-worker conflict: the element of fear and manipulation.

The agreement also reduces each year the number of workers who may enter the country under this program. Thus a program that establishes legal protections for workers also will eventually reduce the dependence that growers now have for undocumented labor.

Traditionally, we have welcomed people who come to this country hoping to improve their lives and contribute to the nation at the same time. Today that is not the case. The lack of enforceable immigration laws has turned much of the country against new immigrants. But we must remember the faith, hope and spirit that inspired so many of our own ancestors to come here. We can make that spirit live again, through meaningful and compassionate reform of our immigration laws.