Ag Policy Blog

4 Republicans Distance Themselves From House H-2A Reform Over Amnesty

Jake Zajkowski
By  Jake Zajkowski , DTN Ag Policy Editor
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Farmworkers head to work in an orchard. Republicans are divided over whether the Securing America's Workforce Act's alternative pathway to H-2A status constitutes amnesty for unauthorized agricultural workers. (DTN file photo by Jim Patrico)

WASHINGTON (DTN) -- The House Agriculture Committee's agricultural workforce and H-2A reform bill is losing Republican support as four GOP lawmakers planned to withdraw their co-sponsorship amid conservative pressure that calls the proposal an "amnesty" measure.

The Securing America's Workforce Act (SAWA) now has 51 House co-sponsors, including 47 Republicans and four Democrats.

Three Republicans -- Reps. Tim Moore, R-N.C., Brian Jack, R-Ga., and Mark Messmer, R-Ind., -- have officially removed their names as co-sponsors, while Rep. Mike Flood, R-Neb., said he intended to do so when the House returned to session.

Flood told Nebraska Public Media, "Concerns from constituents, conservative leaders and Nebraska ag producers have made clear that provisions in the Securing America's Workforce Act are not the right way to uphold our immigration laws. I'm listening, and at a moment when our border is finally secure thanks to President Trump's leadership, I'm not willing to move forward on anything that could risk our progress. I will be removing myself as a co-sponsor and working toward an alternative to address this issue for farmers and ranchers."

Nebraska Farm Bureau, like the American Farm Bureau Federation, supports the legislation, so do 20 other companies and organizations in the state, according to the bill's website.

Flood's office did not respond to additional questions about which organizations or groups had urged him to oppose the bill.

The legislation has drawn criticism from immigration hard-liners because it includes alternative pathways for certain agricultural workers who are currently ineligible for legal status.

Workers whose violations involve unlawful presence or unauthorized employment could apply for a waiver if they demonstrate prior agricultural employment, pass background checks and complete an in-person interview at designated processing locations on the border.

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The bill creates a limited waiver of certain grounds of inadmissibility for some unauthorized agricultural workers. Under current immigration law, people who entered the country illegally or overstayed a visa can be barred from legally returning to the United States because they are considered inadmissible.

The legislation states that "a pathway to citizenship is not included in this draft legislation." Instead, it would create a mechanism for eligible workers to transition into legal H-2A status.

Opponents, including members of the House Freedom Caucus, Florida Gov. Ron DeSantis and former acting ICE Director Greg Bovino, have continued to criticize the legislation as amnesty -- a government pardon that excuses a group of people from legal punishment.

"Amnesty is NOT what people voted for in 2024!" DeSantis said.

Bovino wrote, "These Republicans just stabbed Trump's deportation promise in the back with an amnesty farm bill."

Farm-state Republicans have pushed back.

"This is what most of our farmers are requesting. Perhaps you're on the wrong side of this issue or with the Dems. Support our farmers, " Rep. Don Bacon, R-Neb., said on social platform X.

The lawmakers' decisions come as they face different political considerations. Bacon is set to retire next year, while Moore, Messmer and Jack are facing November elections.

Rep. Glenn "GT" Thompson, R-Pa., the bill's author and chairman of the House Agriculture Committee, has not formally responded to the criticism. DTN reached out to Thompson's office for comment.

Messmer's decision to withdraw his support came the same week he advanced his own labor-related legislation, the Heat Workforce Standards Act, H.R. 6213, out of the House Education and Workforce Committee.

The bill would block the Department of Labor from finalizing a proposed rule aimed at protecting workers from extreme heat. The legislation came in response to a Biden administration proposal that would require employers to provide workers with access to water, rest breaks and a cool place to recover when heat hits certain thresholds.

Before the House left for its August recess, SAWA's prospects appeared to diminish after House Judiciary Committee Chairman Jim Jordan, R-Ohio, did not include it in his immigration package and did not indicate whether he planned to move the legislation forward.

List of SAWA's co-sponsors: https://www.congress.gov/…

Nebraska Public Media: Nebraska's U.S. House Delegation split over GOP ag temporary worker bill: https://nebraskapublicmedia.org/…

Bill's Website and List of Organizations Endorsing the Legislation: https://trn-hac.github.io/…

Jake Zajkowski can be reached at jake.zajkowski@dtn.com

Follow him on social platform X @jzajkow

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