Proposed Immigration Bill is Only Option for H-2B Fix, ANLA Says

The proposed immigration bill currently being discussed on the Senate floor is the only chance there will be for a fix to the H-2B program, according to the American Nursery and Landscape Association. 

ANLA staff members recently held a briefing to relay the latest information on the proposed Secure Borders, Economic Opportunity and Immigration Reform Act of 2007, which calls for several changes to the immigration policy, including improvements to border security, internal enforcement of the program, new employer requirements, paths to citizenship for illegal immigrants and a temporary worker program.

“It’s remarkable that senators (John) Kyl (R-Ariz.) and (Edward) Kennedy (D-Mass.) found the ability to negotiate their way through a bipartisan bill,” says Craig Regelbrugge, ANLA’s vice president for government relations and research. “There were those of us who wondered if it could actually happen.”

He also credits the Bush administration for playing a more active role than it has in the past and stepping up to support the measure.
 
The worker program, called Y-2B, would replace the current H-2B temporary guest worker program.

The H-2B amendment that exempts returning workers from counting against the cap of 66,000 workers is set to expire Sept. 30. While employers are worrying about not having enough workers next year if the exemption isn’t renewed, it is likely that the program won’t be around at all, Regelbrugge says. The program included in the new bill, if approved, would likely replace it, so the industry should rally behind it, he says.

“This is the vehicle,” he says. “If we want to get to our destination in our industry, this is the only way.”

Under the current proposal, the Y-2B program would allow workers to return the next year provided they reside outside the U.S. for a period of at least two months. The cap would initially be 100,000, with a market-based regulator in place (see sidebar).

If the law is passed, the Y-2B program would not go into effect until a series of border enforcement performance measures are met. It is unclear how long that will take.

“Optimists say 18 months; pessimists say two years or longer,” Regelbrugge says.

The H-2B program would remain in place until those measures are met. The current language allows for the returning worker exemption to be in place in the meantime.

Senate continues to debate the bill and probably won’t arrive at a vote until mid-June, Regelbrugge says. The bill likely won’t be signed into law until at least late July, he adds.

ANLA is joining forces with the Professional Landcare Network to try to persuade lawmakers to vote in the best interest of the green industry. H-2B users should monitor the process and be vocal about their expectations for the proposed program, he says.

“We’ve got to be screaming loudly for this,” he says. “It is time to accept this; it’s as good as it’s going to get and we’ve got to move forward.”

For more information, visit www.anla.org or www.landcarenetwork.org.