Everyone says the immigration issue needs to be addressed. And everyone seems to disagree as to how to do it.

Should the emphasis be on enforcement? Is a guest worker program doable? What do we do with the undocumented immigrants already here? What about their children?

No less than nine plans have made their presence known, with varying degrees of success. None seem to address every facet of the problem to the satisfaction of all who would be affected.

What's a good plan for Florida agriculture?

Walter Kates, FFVA's director, Labor Division, says most ag interests are backing the AgJOBS bill.

Walter Kates, FFVA's director, Labor Relations Division, says most ag interests are backing the AgJOBS bill, officially known as the Agricultural Job Opportunities, Benefits and Security Act of 2005. On April 19, 2005, a majority of the members of the Senate voted in favor of it, but the 53 to 45 vote was not enough to pass it. A total of 60 votes were needed first to overcome a threatened filibuster.

Senators Larry Craig, R-ID, and Edward Kennedy, D-Mass, are putting their weight behind it for passage later this year. The agriculture industry is hopeful for passage.

"We still believe AgJOBS is doable this year," said Sharon Hughes, president of National Council of Agricultural Employers.

AgJOBS, originally sponsored by Senator Craig and Representative Chris Cannon, R-UT, would allow undocumented alien agricultural workers to complete a two-step process in order to become permanent U.S. residents.

• Step one would be to apply for temporary residency. A worker would have to prove that he or she worked in agriculture at least 100 days during any 12 continues months between July 1, 2003 and December 31, 2004.
  
• The worker could then take any job, not only those in agriculture, but would be able to take the next step only if he/she works 360 days in ag during the next three to six years. At that time, the worker could apply for a green card, which indicates permanent residency status.

Ag JOBS would change the H-2A guest worker program by reducing the federal government's role in the process, freeze the wage rate for three years, and give those workers the right to file a lawsuit in federal court (but not in state court) to enforce their wages and working conditions.

Senator Larry Craig of Idaho is one of the original sponsors of the AgJOBS bill and continues to push for passage.

Both farmworker advocacy groups and ag employers back AgJobs.

Another earlier bill, sponsored by Republican Senator Saxby Chambliss of Georgia, would have specifically addressed reforms in the H-2A guest worker program, which establishes a means for ag employers who anticipate a shortage of domestic workers, to bring non-immigrant foreign workers to the U.S. to perform agricultural labor of a temporary or seasonal nature. The Senate voted Chambliss' bill down, 67 to 22 on April 19, 2005.

"Certainly the Chambliss bill would have been nice, but there was no chance of passage," said Kates. "We've always been behind AgJOBS."

COMPETING BILLS COVER MORE THAN JUST AG JOBS

Two competing bills would revamp immigration laws for workers in all fields, not just agriculture. The Secure America and Orderly Immigration Act, sponsored by Senators Kennedy and John McCain, R-Ariz., proposes a new guest worker program and stronger enforcement of immigration laws. It would create 400,000 new temporary worker visas, which would be renewable for up to six years. Those workers who are already in the U.S. illegally could apply for a temporary visa. It would also increase the number of permanent residency slots for foreign workers.

Unfortunately, under this bill, agricultural occupations are exempt from the guest worker program, Kates said.

This legislation would require an illegal alien to pay all the regular fees in order to become legal, as well as a $1,000 fine allowing him/her to join the guest worker program. Then, after six years, the worker would pay another $1,000 for a green card. Its sponsors say the bill's fines and fees signify an admittance of wrongdoing, and therefore cannot be considered, as critics charge, an amnesty bill.

The bill would also require workers to carry a tamper-proof ID card. Employers who hire workers who don't have a card would be fined double the previous amounts. As an example, those who knowingly hire an undocumented worker (first incident) would now be fined not less than $500 and not more than $4,000. Previously, those amounts were $250 and $2,000. Subsequent violations would incur higher fines.

Kennedy and McCain presented their case for the bill July 26 before the Senate Judiciary Committee. Senator John Kyl, R-Ariz. And John Cornyn, R-Texas also spoke in favor of their version of immigration reform, the "Comprehensive Enforcement and Immigration Act."

Kyl and Cornyn's bill is similar to the McCain-Kennedy proposal in that it advocates a tamper-proof ID card and stepped up enforcement. It differs in that it would require illegal workers to return home before being permitted to participate in a new guest worker program. Those who don't leave the U.S. within five years would not be eligible for work. If hired, the employer would, like the McCain-Kennedy bill, face increased fines. The bill would also create an investment fund available to workers once they leave for their homeland.

Senator John McCain attacked the Cronyn-Kyl version of reform saying, "The reality is, 11 million people are not going to voluntarily come out of the shadows just to be shipped home."

McCain attacked the Cronyn-Kyl version of reform at the committee hearing saying, "The reality is, 11 million people are not going to voluntarily come out of the shadows just to be shipped home. Report-to-deport isn't workable and it's not economically feasible," he said.

Another bill, called the "Illegal Immigration Enforcement and Social Security Protection Act of 2005," sponsored by Rep. Silvestre Reyes, D-Texas, (a former border patrol agent), T.J. Bonner, president of the National Border Patrol Council, and Rep. David Dreir, D-Calif., would up the sanction for hiring illegals to $50,000 and five years in prison.

And then there's Tom Tancredo's idea of reform. Tancredo, a Colorado Republican, has proposed making unlawful presence in the U.S. a felony. The "Real Guest Act" would offer no pass to citizenship at all, put anyone hiring an illegal immigrant in jail, and it advocates use of the military in assisting border patrol agents.

ENTER THE PRESIDENT

President Bush has called the country's immigration system "a bureaucratic nightmare." He first asked Congress to adopt temporary-worker legislation in 2004 and has repeated his stance earlier this year.

The president advocates matching up willing foreign workers with willing U.S. employers when no U.S. workers can be found for a job. He would also like to see migrants enjoy the same employment rights and protections as other workers.

Of course, the Bush administration and other Republicans face a dilemma - do they try to please business and industry by helping them find cheap labor? Or do they respond to voters who are concerned with national security?

A WORLD OF HURT

Sharon Hughes, president of National Council of Agricultural Employers, says that if any immigration reform other than AgJOBS passes, the agriculture industry would be competing for workers with industries offering full-time, year-round employment.

Sharon Hughes worries that should any of those concepts except AgJOBS take root, agriculture would suffer. "These bills do not address the unique needs of agriculture with perishable crops and temporary, seasonal employment patterns," she said. "They would have us vying with other industries for workers - industries that can offer full-time, year-round employment. AgJOBS is the only bill out there addressing the unique needs of agriculture," she added.

Kates agrees. "And if any of those bills move forward without a reform of the guest worker program, then ag is going to be in a world of hurt," he said.

Congress doesn't like to deal with immigration reform, Kates points out. "Immigration is a very emotional issue; it's a very divisive issue," he said. "It's tough to grapple with. So if you're forced to grapple with it, my guess is that rather than take several bites of the apple, as in one bill for ag, another for this and another for that, Congress will pass one big, overall package similar to what they did in the 1980s."

If that happens, agriculture interests must stay on top of the latest developments or be left behind.

"The important thing for ag is, whatever vehicle takes the lead, when it's put together and starts to move, we need to be very diligent in seeing that we're a part of that package. We have to convince everybody that ag is a unique industry. It has special problems and special needs that must be addressed," said Kates.