Court delays no-match rule, giving industry time to comply
Court delays no-match rule, giving industry time to comply
WASHINGTON -- The produce industry welcomed news that a federal judge had temporarily delayed enforcing the so-called no-match rule. But farm businesses watched a longtime AgJOBS supporter exit from Congress before legislation giving relief from the growing farmworker crisis is finalized.
On Aug. 31, a federal judge granted a temporary restraining order barring the Social Security Administration from sending the no-match letters. Some 140,000 letters were slated for delivery early this month, informing employers that it had detected mismatches between employee names and Social Security numbers.
But at the last minute, a court placed the program on hold after national labor unions sued the federal government. The AFL-CIO and other labor groups challenged the Bush administration policy, arguing that it could disrupt the workplace and could lead to the firing of U.S. citizens who are caught up in red-tape problems with their Social Security numbers. A court hearing on the policy is scheduled for Oct. 1.
"While the temporary order is good news, it is pretty much a routine step at this point," said Robert Guenther, senior vice president of public policy at the United Fresh Produce Association. "On the other hand, it does buy just a little bit of time for employers struggling with their own plans for compliance."
He said that another coalition of business groups is considering a separate legal challenge on different grounds. "We also believe these legal challenges will be difficult to win, so it is critical that produce-industry companies continue to examine their options while keeping one eye on the courts," warned Mr. Guenther.
Craig Regelbrugge, vice president of government relations and research at the American Nursery & Landscape Association, also warned that the lawsuits might not derail the controversial no-match letter policy, which was scheduled to go into effect Sept. 14.
"In the meantime, employers should continue to evaluate and plan their actions, as such challenges are normally 50/50 odds at best," he said. "It won't change the fact that the industry is facing increased enforcement without any reforms," said Diane Coates, director of public affairs at the U.S. Apple Association.
Under the umbrella of the Essential Worker Immigration Coalition, ANLA, United Fresh and other groups sent an Aug. 27 letter asking the Bush administration to delay implementing the no-match policy for 180 days. "Employers will be overwhelmed with paperwork as the government seeks to make employers responsible for the decades-old administrative problems," said the letter, which was signed by nursery, produce, construction and poultry trade associations. "As every day passes, there is growing confusion as to how to comply with the rule and the practical impact of its implementation."
"These no-match letters are a Catch-22 for employers," said Rep. Jim Costa (D-CA), who signed a letter protesting the new policy along with Sen. Dianne Feinstein (D-CA), Sen. Barbara Boxer (D-CA), Rep. Dennis Cardoza (D-CA) and Rep. George Radanovich (R-CA).
"They face heavy fines and criminal indictments if they do not terminate workers, and are subject to legal action if they do. This is a no-win scenario for American business and the American consumer. Maybe Secretary [Michael] Chertoff [of the Department of Homeland Security] and his colleagues would like to roll up their sleeves and join us in the fields," said Rep. Costa, who was raised on a dairy farm in Fresno, CA.
At the same time, the agriculture industry could only watch its key architect of the AgJOBs bill in Congress, Sen. Larry Craig (R-ID), announce his intention to step down as a result of a scandal.
"His departure is a setback to building momentum among Republican senators to adopt AgJOBS as soon as possible," ANLA said on its website. "With control of the Senate and its calendar of action now in Democratic hands, the most critical support for AgJOBS rests with Senator Feinstein, who is outspoken in her support for quick action on AgJOBS." Senate Majority Leader Harry Reid (D-NV) has pledged to bring the issue up for a vote this year.
Under the AgJOBS bill, a pilot program would identify undocumented agricultural workers and legalize the immigration status for those who have been working in the United States for the past two years or more. It would also create an improved H-2A program to implement an effective guest- worker program.
Despite the apparent loss of Sen. Craig, there are still Republican supporters of the bill in the Senate, said Ms. Coates, who urged apple business members to lobby Congress during the August recess.
The latest publicity in the media about the no-match letter policy has only stepped up the urgency for legislative reform, she said, "and that's a positive thing."
On Aug. 31, a federal judge granted a temporary restraining order barring the Social Security Administration from sending the no-match letters. Some 140,000 letters were slated for delivery early this month, informing employers that it had detected mismatches between employee names and Social Security numbers.
But at the last minute, a court placed the program on hold after national labor unions sued the federal government. The AFL-CIO and other labor groups challenged the Bush administration policy, arguing that it could disrupt the workplace and could lead to the firing of U.S. citizens who are caught up in red-tape problems with their Social Security numbers. A court hearing on the policy is scheduled for Oct. 1.
"While the temporary order is good news, it is pretty much a routine step at this point," said Robert Guenther, senior vice president of public policy at the United Fresh Produce Association. "On the other hand, it does buy just a little bit of time for employers struggling with their own plans for compliance."
He said that another coalition of business groups is considering a separate legal challenge on different grounds. "We also believe these legal challenges will be difficult to win, so it is critical that produce-industry companies continue to examine their options while keeping one eye on the courts," warned Mr. Guenther.
Craig Regelbrugge, vice president of government relations and research at the American Nursery & Landscape Association, also warned that the lawsuits might not derail the controversial no-match letter policy, which was scheduled to go into effect Sept. 14.
"In the meantime, employers should continue to evaluate and plan their actions, as such challenges are normally 50/50 odds at best," he said. "It won't change the fact that the industry is facing increased enforcement without any reforms," said Diane Coates, director of public affairs at the U.S. Apple Association.
Under the umbrella of the Essential Worker Immigration Coalition, ANLA, United Fresh and other groups sent an Aug. 27 letter asking the Bush administration to delay implementing the no-match policy for 180 days. "Employers will be overwhelmed with paperwork as the government seeks to make employers responsible for the decades-old administrative problems," said the letter, which was signed by nursery, produce, construction and poultry trade associations. "As every day passes, there is growing confusion as to how to comply with the rule and the practical impact of its implementation."
"These no-match letters are a Catch-22 for employers," said Rep. Jim Costa (D-CA), who signed a letter protesting the new policy along with Sen. Dianne Feinstein (D-CA), Sen. Barbara Boxer (D-CA), Rep. Dennis Cardoza (D-CA) and Rep. George Radanovich (R-CA).
"They face heavy fines and criminal indictments if they do not terminate workers, and are subject to legal action if they do. This is a no-win scenario for American business and the American consumer. Maybe Secretary [Michael] Chertoff [of the Department of Homeland Security] and his colleagues would like to roll up their sleeves and join us in the fields," said Rep. Costa, who was raised on a dairy farm in Fresno, CA.
At the same time, the agriculture industry could only watch its key architect of the AgJOBs bill in Congress, Sen. Larry Craig (R-ID), announce his intention to step down as a result of a scandal.
"His departure is a setback to building momentum among Republican senators to adopt AgJOBS as soon as possible," ANLA said on its website. "With control of the Senate and its calendar of action now in Democratic hands, the most critical support for AgJOBS rests with Senator Feinstein, who is outspoken in her support for quick action on AgJOBS." Senate Majority Leader Harry Reid (D-NV) has pledged to bring the issue up for a vote this year.
Under the AgJOBS bill, a pilot program would identify undocumented agricultural workers and legalize the immigration status for those who have been working in the United States for the past two years or more. It would also create an improved H-2A program to implement an effective guest- worker program.
Despite the apparent loss of Sen. Craig, there are still Republican supporters of the bill in the Senate, said Ms. Coates, who urged apple business members to lobby Congress during the August recess.
The latest publicity in the media about the no-match letter policy has only stepped up the urgency for legislative reform, she said, "and that's a positive thing."
