Labor Looms Large. Farmers Need Action

Heading into another harvest season, no policy issue looms larger in agriculture than the acute, worsening shortage of workers on American farms.

An independent analysis of Labor Department data suggests that the U.S. agricultural workforce decreased by 7% between March and July. Well-publicized stories of aggressive immigration enforcement, including on dairies, can’t help but raise concerns.

The need for a stable, secure workforce is certainly top-of-mind in dairy, where in some ways the shortage is even more challenging because of milk production’s year-round nature. Many dairy farmers rely on foreign-born labor to care for animals, operate complicated equipment, and the physical rigors of chores that goes on day and night. With the U.S. border effectively closed, with many workers returning to their home countries, and with more intense immigration enforcement, the finances and futures of many dairies are less certain now than they would be with a solid immigration policy that brought reassurance to anxious farmers.

And that’s why, on this politically and emotionally difficult issue, we’re working with both the administration and with lawmakers to find solutions that put the dairy workforce, and dairy farms across America, on sound footing moving forward.

The hard-working folks who contribute to dairy farms and rural economies have documents. They’ve been on these farms 10, 15, 20 years. Meanwhile, dairy farmers have done their best to navigate the less than perfect process of immigration documentation requirements as they pursue the necessity of having employees on their farms.

But the lack of an adequate visa program that meets dairy’s needs injects unnecessary risk and uncertainty into the foreign-born workforce that’s necessary to fill positions that native-born Americans have time and again proven unwilling to do. The current H-2A program for seasonal workers doesn’t meet year-round needs, and simply churning through workers every six months for positions that require specialized skills and knowledge of animals—who can be as idiosyncratic as people—is a recipe for a failed business. If you work on a dairy farm, you are unquestionably a skilled worker.

People who know agriculture and the unique needs of dairy farmers understand this; we’re not lacking for advocates in Washington. Secretary Brooke Rollins has been a vocal supporter of a stable workforce. Secretary of Labor Lori Chavez-DeRemer has shown a great grasp of dairy’s needs and a willingness to hear what we have to say. President Trump also has made encouraging statements that show his understanding that not all foreign-born workers need to be included in the same dragnet meant to expel criminals from U.S. soil.

On the congressional side, we’re excited to see House Agriculture Committee Chairman GT Thompson working on legislation that would modernize the H-2A program to recognize dairy’s unique labor needs. Chairman Thompson has been a tireless advocate for dairy farmers and their cooperatives, and has the ability, through ag-labor reform, to help solve one of the longest-running challenges for farmers. We’ve been thrilled to speak with him on proposed legislation, and we certainly stand ready to throw our full weight behind it as it moves forward.

To avoid empty store shelves or greater reliance on imported foods, we need solutions. In the end, the most lasting solution to agricultural labor challenges needs to come from Congress and better law, even more so than any help that can come from the executive branch. But even then, the power of the executive is meaningful—this Congress is much more likely to act with a positive signal of support from the president. Many members of Congress are eager for this. We’re hoping to see it too.

The last time we passed major immigration legislation in this country was in 1986. We are painfully aware of previous reform efforts that, despite every effort by agricultural interests, failed to pass Congress. Let there be no illusions here, it will require an enormous effort in order to bring success. But at the end of the day, we’ve got to figure out a way to have a program that works for us, and we’ve got to get Congress engaged on this. Finding immigration solutions for dairy is important to the nutrition of Americans, the livelihoods of rural communities, and the continued promise of America as a land of opportunity for those who want to work hard and play by the rules.

As a nation, we can do better, and we need to do better. Dairy promises to do its part.


Gregg Doud

President & CEO, NMPF

 

Dairy Pivotal to July Ag Labor Reform Progress

Ag labor reform activity heated up in July, with dairy at the heart of action crucial to advancing long-term goals of greater workforce stability.

In the House of Representatives, Congressmen Henry Cuellar (D-TX) and Dan Newhouse (R-WA) introduced an amendment to the FY 2022 appropriations bill funding the Department of Homeland Security that would allow dairy producers to access the H-2A agricultural guestworker program for the fiscal year. The amendment would remove the seasonality requirement for H-2A visas for the fiscal year and allow farmers working in year-round sectors to hire H-2A workers to supplement their domestic workforce during the fiscal year that begins Oct. 1.

Although the amendment was approved by the full House Appropriations Committee on July 13, that doesn’t make the much-needed reform real, as amendments to appropriations measures that focus on immigration reform typically are removed from final packages. Still, as explained by Claudia Larson, NMPF Senior Director of Government Relations, in a July 15 “Adams on Agriculture” podcast, the amendment’s positive effects go beyond the amendment itself, as it adds momentum to our wider effort bipartisan ag labor reform efforts.

On the Senate side, the Senate Judiciary Committee held a hearing July 21 focusing on the importance of immigrant farmworkers, with testimony from USDA Secretary Tom Vilsack followed by farmers and farmworker organization representatives. Former dairy farmer Linnea Kooistra of Illinois was invited to testify by Committee Chair Richard Durbin (D-IL) on her more than 40 years of experience in the industry, sharing the urgency of dairy’s labor needs.

NMPF in a statement thanked the committee and Durbin for highlighting the importance of immigrant farmworkers to the nation’s food supply and rural communities and called on the Senate to craft its own ag labor reform measure, building on and improving upon the Farm Workforce Modernization Act that passed in the House in March.

Beyond Capitol Hill, Vilsack and Rep. Antonio Delgado (D-NY) hosted an ag roundtable in dairy-dense Cobleskill, New York on July 16, hearing from farmers and farmworkers on the unworkability of the current ag labor system, with dairy producers speaking to the special challenges the industry faces. NMPF president and CEO Jim Mulhern commended USDA and Rep. Delgado for supporting ag labor reform and organizing the roundtable meeting, noting that conversations need “to turn into action in congressional corridors so that farmers and farmworkers can benefit from a workable labor system.”

NMPF will continue its work building bipartisan support for ag workforce reform legislation that will address dairy’s workforce challenges, including protecting current workers and providing dairy meaningful access to a guestworker program that allows producers to remain competitive.

NMPF Statement on Senate Judiciary Hearing on Essential Immigrant Farmworkers

From NMPF President and CEO Jim Mulhern:

“NMPF thanks the Senate Judiciary Committee and its chairman, Sen. Dick Durbin (D-IL) for holding today’s hearing highlighting the importance of immigrant farmworkers to our nation’s food supply and rural communities. We are also grateful to Linnea Kooistra, formerly an Illinois dairy farmer for over 40 years, for testifying at the hearing and giving voice to this critical issue for dairy.

“Immigrant employees are vital to the dairy industry, with an estimated 79% of the U.S. milk supply produced on farms that employ immigrant workers. Dairy farmers know firsthand of dedicated and skilled teams that are led by and include immigrants; most producers also can speak to the challenges farms and rural communities face due to uncertainty surrounding the farm workforce.

“That’s why NMPF has been a leader in agricultural workforce reform efforts that address two areas of reform that are essential to solve America’s ag labor crisis. First: We must provide an earned legal protection for our current workers and their families. Second: We must reform the agricultural guestworker visa program so dairy and other year-round industries can use it to supplement the domestic workforce when needed.

“Dairy farmers currently cannot use the H-2A guestworker program because they produce milk year-round. Providing an earned legal protection for current workers is crucial, but it narrowly addresses only one aspect of the crisis. We must also reform the ag labor system so dairy farmers can hire legal guestworkers and do not remain trapped in a still-broken ag labor system moving forward. Both features must be present in any real solution.

“NMPF again thanks the Senate Judiciary Committee for today’s hearing and urges the Senate to seize the present opportunity to craft its own ag workforce reform bill that both provides legal protections to our current workers and restructures H-2A. Do not miss this chance for a real solution that helps farmers and farmworkers and supports them as they continue their crucial work of feeding our nation and the world.”