"The immigration issue is once again in the spotlight as Kentucky farmers are watching to see how the new immigration measures announced jointly last week by the Departments of Homeland Security and Commerce may impact how they will hire migrant labor in future growing seasons.
Though much of the discussion on a national platform has been about the crackdown on illegal workers, Kentucky's agriculture community is focused on the proposed reform of the H-2A Agricultural Seasonal Worker Program.
According to a Homeland Security release, the president has directed the Department of Labor to review the regulations implementing the H-2A program and to institute changes that will provide farmers with an orderly and timely flow of legal workers, while protecting the rights of laborers.
The H-2A program is used extensively by Kentucky farmers, and the reform of the program is a major issue Kentucky farmers and farm organizations have lobbied behind.
"I'm encouraged with what I'm seeing in Washington right now," said Marshall Coyle, Kentucky Farm Bureau president. "We do need reforms in the H-2A program to ease the process and help our farmers retain a reliable and dependable source of seasonal labor."
As Kentucky's tobacco industry continues to transition to larger farming operations, labor continues to be an issue for producers, especially in the Bluegrass region. Yet the struggle for a reliable labor force is not an issue limited to just tobacco producers.
"To me it is the most critical issue right now in certain areas of agriculture, such as dairy, equine, tobacco and horticulture," said Al Pedigo, a farmer in Allen County. "Across the country, these industries are dependent upon migrant help."
To help farmers navigate the current federal guest workers program, the Commodity Growers Cooperative (CGC) launched a new program last year, the Agriculture Workforce Management (AWM) program.
"Farmers know when they have H-2A workers, the workers are legal," explained Rick Alexander with the CGC, "so we work with the farmer to fill out all the paperwork and process the application to make it easy on the farmer to get the labor they need."
According to the statistics, H-2A education and programs such as the AWM are working. In 2007, there have been 545 H-2A contracts filed by 755 farmers bringing in 4,815 legal migrant workers to farms in Kentucky. This is up from 2006, when 576 farmers filed 425 contracts to bring in 3,417 workers.
"Our farmers are dependent on the migrant labor force," said Coyle, "and I think the support programs like the Commodity Growers and education in the state is helping our farmers to know how to hire legal workers in their operation."
Kentucky farmers are still looking to Washington to help with other issues surrounding the H-2A program, including the current requirement for paying the prevailing wage rate.
The prevailing wage rate coupled with the requirements in the program to provide transportation and housing have many Kentucky farmers struggling to find the money to hire "legal" workers, even with the education and support to get through the H-2A application process.
Ultimately Congress will have to act on the controversial immigration issue, but for now Kentucky's agriculture community is encouraged to see renewed discussions about reform of the H-2A program.
As for the "no-match" letter regulation announced on Friday that will be implemented over the next 30 days, farmers see it as just another tool to ensure they are on a legal playing field with their workers.
"Kentucky farmers want to be legal; in fact, most of them can't afford the consequences that come with hiring illegal workers," said Coyle. "I see the no-match letter as another way they can be sure they are legal on their operation."