Senate passes immigration bill

WASHINGTON, D.C. — While the U.S. Senate voted to pass its comprehensive immigration reform bill on Thursday, the fate of all included provisions is still unclear.

The H-2B guest worker program three-year cap extension is included in the Comprehensive Immigration Reform Act of 2006.

The next step requires members from both Congressional houses to reach a consensus bill in conference committee. Some say this will be the most difficult part of the process, especially since the Senate's version of the bill is much more far-reaching than the enforcement-only House bill, passed last December.

The Senate bill's main features include tightened border security, an employer verification system to help employers identify if a worker is legally eligible to work in the United States, a general industry temporary worker program (H-2C), a plan that will afford the majority of the undocumented workers currently living in the United States the ability to earn their way to legal status, an extension of the  H-2B return worker cap exemption, and an agricultural sector component in the form of AgJOBS that includes H-2A reforms and an earned legalization program for agricultural workers.

“Today marks a significant victory for the Green Industry, agriculture and the general business community,” said Craig Regelbrugge, the American Nursery and Landscape Association's senior director of government relations.

"We're not at the end of the process, but this was a very important and historic day," he said.

Electronic verification
The two issues of most importance to landscape contractors are undoubtedly the H-2B extension and the employer verification system.

Verification "cuts a lot of different ways and many employers are nervous about it for good reason," Regelbrugge said. "We will work closely with our business community partners to get through a process that really works for employers."

Regelbrugge mentioned the electronic verification system as proposed in the Senate bill would "take a lot of the burden off the employers."

H-2B moving forward
"We can't know yet what's going to come out of Congress on this issue," Regelbrugge said, adding that ANLA and other supporters of the extension are aware of the time-sensitive nature of the program. If an extension doesn't pass the current program expires this fall.

"When you have a comprehensive immigration bill going through the Senate with H-2A reforms, H-1B reforms and a new H-2C program, it makes sense to have H-2B language in that bill," said Jon Farner, ANLA’s director of legislative relations. "We will be using that language as a driver."

Regelbrugge and Farner say that even if the H-2B extension doesn't survive comprehensive immigration reform, other routes exist for its passage.

"This is about any means to an end," Regelbrugge said. "Getting [H-2B] into comprehensive reform gives us an option, but it doesn't foreclose other options."

Farner agreed, adding that an effort is underway to include the H-2B extension language into the homeland security appropriations bill in the Senate right now.

"As optimistic as I am that this bill gets through conference with H-2B, I am realistic that this can't be the only avenue," Farner said, citing the homeland security appropriations bill as the next step.

"With the limited amount of legislative days this year, comprehensive immigration reform or the appropriations process are our only two options to get H-2B through."

There is currently no date scheduled for the start of the conference committee meetings; however, Sen. Arlen Specter (R-PA), who will be chairing the conference committee, and President Bush have both indicated the need for completing the conference in a short time frame.

"Take a moment to celebrate this victory for the industry," Regelbrugge said. "But only take a moment, because we've got much more work to do."

See "Senate immigration debate heats up," LM Week in Review, April 5, 2006

"Senate starts immigration reform debate," LM Week in Review, March 22, 2006