Perspectives on the Bush Administration's new immigrant guestworker proposal: immigrant labor issues.

• Author: Medige, Patricia

Within days of its unveiling, the Bush Administration's temporary worker proposal was labeled an "amnesty," (1) the "Wal-Mart bracero" (2) program, a "new era of indentured servants," (3) an "election-year ploy," (4) a "huge step backward," (5) a "reward" to "illegal aliens" (6) and "a classic guest worker program on the European model." (7) It was even deemed "dead on arrival." (8)

This heated rhetoric and the political polarization it reflects should not detract from the very real concerns that the plan could harm both the U.S. labor force and the temporary workers themselves. Meanwhile, there exists a threshold question of how serious the proposal is in the first place.

These comments examine the current status of the Bush temporary worker proposal, and compare it with the current H-2A and H-2B programs in place in the United States as well as the former bracero program of 1942 to 1964. In addition, from a worker perspective, these comments point out other concerns about the proposal.

1. A SERIOUS PROPOSAL?

   The Bush Administration temporary worker program, "Fair and Secure Immigration Reform," was announced Jan. 7, 2004. (9) It essentially outlined broad principles, such as protecting the "homeland," serving the nation's economy by matching a willing worker with a willing employer, and providing "incentives" for the worker's return to his or her home country. (10) Little detail was provided about implementation of these principles and other program requirements. For example, under the plan, employers would have to make "every reasonable effort" to find an American to fill a job before extending job offers to foreign workers. (11) But the proposal does not specify how exactly an employer would demonstrate that effort. Other considerations seemed to be omitted altogether. For example, the government fact sheet mentioned wages only once, with a reference to "fair wages," (12) without specifying any sort of scheme to avoid undercutting the current labor market.

   When the Administration provided further details about the plan, it was not through proposed legislation, but in the form of testimony by Department of Homeland Security (DHS) officials before the Senate Judiciary Committee on February 12)3 That testimony still yielded few specifics. For example, Steven J. Law, Deputy Secretary of the U.S. Department of Labor (DOL) testified that the program would "put American workers first" and that the DOL "would protect the rights of workers regardless of citizenship." (14) There appeared to be no testimony about such key issues as how to prevent a downward spiral of wages and what sort of "incentives" would be implemented to encourage the workers to return to their country. (15) The Administration has made occasional references to "a fair and meaningful citizenship process" (16) and applying for permanent residence within the United States. (17) At the same time, it is clear the Administration intends for these workers to remain non-immigrants (i.e., maintain visitor status) and not obtain residency directly through the temporary worker program. (18) Specifically, it would require "the return of temporary workers to their home country [sic] after their period of work has concluded." (19) Thus, it seems references to citizenship and lawful permanent residence are misleading.

   Finally, as of March 23, the Administration still had not proposed any specific legislation. (20) At least six senators, three Republicans and three Democrats, reportedly expressed frustration at the lack of progress in advancing immigration reform. (21) According to Eduardo Aguirre, director of DHS's Bureau of Citizenship and Immigration Services, despite the lack of progress in proposing its own specific legislation, the White House was not ready to back any existing immigration bills pending before congress either. (22) Two pending immigration bills that have widespread support from congress and the public, but not from the Administration, are the DREAM Act 23 and the AgJOBS Act. (24) The DREAM Act would eventually grant residence to certain young people who have been long-term residents of the United States, who graduate from high school, who can demonstrate good moral character, and who complete certain specified future schooling or military service. (25) AgJOBS in part would provide for eventual lawful permanent residency, known as "earned adjustment," for workers who can show a certain amount of past employment and who...