The United States reformed the rules of the work program for agricultural workers

The United States Department of Labor (modified the rules of the temporary employment program H-2A, by which hundreds of thousands of day laborers from Mexico They work in their fields. For a long time, various organizations had demanded a reform in the face of the existence of trafficking, exploitation, abuse and discrimination in said public policy.

Its structure “has systemic flaws,” said the Polaris Project, an organization dedicated to combating sex and labor trafficking in North America. These failures allow abusive, fraudulent and non-transparent recruitment methods, lack of information for workers about their employment or job offer, terrible conditions in the workplace and threats of deportation, it indicates.

In 2021, the Department of Labor’s Wage and Hour Division found 358 cases of violations in el programa H-2A and collected more than $5.8 million in back wages for more than 7,000 workers.

The changes “will support the Wage and Hour Division’s enforcement capabilities to address fraud and abuse of the H-2A program, which undermines workers rights and harms law-abiding employers,” says the Department of Labor.

One of the main goals of the reform is to “better protect farmworkers.” Also, facilitate the temporary work certification process, a requirement for companies. The changes will take effect on November 14thsome of them have to do with:

• Decent accommodation conditions
• Employer Responsibilities
• Barring attorneys and agents
• Identification of the level of salaries

They seek to guarantee salaries and housing

The program was created in 1986 to alleviate the deficit of labor in the field. The hiring of people from other countries is authorized under the premise of the insufficiency of citizens “available, capable or qualified” for that job.

Thus, the US government issues H-2A temporary work visas. Migrants who obtain it cannot work in another industry other than agriculture, in another company other than the one that hired them, not even for more than one year.

According to the report Exploitation and Trafficking under H-2A and H-2B Work Visas: Mexican Persons in the United Stateswhich Polaris delivered to the Mexican Senate, in fiscal year 2020 that country issued 213,394 H-2A visas, of which 92% were granted to day laborers from Mexico.

An investigation by the Center for Migrant Rights (CDM) carried out in 2020, indicates that 100% of the laborer population surveyed experienced at least one serious legal violation of their rights and 94% experienced three or more.

According to the CDM report, Reform Time: Abuse of Farmworkers in the H-2A Visa Program“45% experienced cramped conditions and/or unsanitary housing conditions.”

One of the new program rules stipulates that the accommodations must meet local, state, or federal health or safety regulations, such as minimum space per occupant, sanitary food preparation and storage areas, laundry, and washing facilities. Employers must prove that the housing meets the standards “and contains sufficient beds and rooms.”

It also establishes new mechanisms to ensure that contractors comply “with their payroll and other obligations.” Replaces “obsolete guidelines” of the survey of prevailing wages (average wages for a specific area or crop) and allows more state entities to carry out surveys to have more information and parameters.

The CDM report indicates that the 43% of those who work with one of these visas he did not receive the promised salary. Additionally, 86% of women who applied for the job were not hired or were offered a lower salary than men.

More teeth against abuse

Due to abuse of lawyers and agents against migrants, the Department of Labor will have greater powers to disqualify them for misconduct, regardless of the sanctions imposed on companies.

Companies will be able to carry out procedures to obtain authorization and hire migrants electronically. With this, assures the US dependency, they will reduce costs and burdens.

Other modifications are aimed at “providing small employers that they cannot offer their full-time H-2A employees the opportunity to participate in the program and ensure that each employer is jointly responsible for meeting all requirements.”

With these new regulations, “we strengthen the worker protections, fulfilling our main mission”, said the Secretary of Labor of the United States, Marty Walsh a few days ago when referring to this reform. “The new rules enhance the integrity of the H-2A program and provide employers and other stakeholders with greater clarity.”