WASHINGTON (DTN) -- The Securing Agriculture's Workforce Act (SAWA) was introduced Tuesday in the House of Representatives, uniting a broad coalition of dairy, specialty crop and farm groups behind the new attempted overhaul of the H-2A program. If successful, it would be the first H-2A workforce reforms in nearly 40 years.

Supporters describe the bill as "common-sense" H-2A reforms that would amend the Immigration and Nationality Act by expanding access to the program, controlling costs and streamlining the H-2A worker process.

Most notably, the legislation includes alternative immigration pathways that could raise concerns among hardline Republicans who oppose any changes to immigration policy.

Linda Pryor said her North Carolina farm produces 6 million pounds of apples, all of which must be handpicked. The American Farm Bureau member said the bill would help streamline the process and reduce delays in bringing workers to farms -- one of the biggest challenges growers face.

"There is no replacement for the people who can do that type of work," she said, adding, "We can grow the greatest crop and have the best apples but without people to help us, but without it across the finish line -- have those people come to help us -- we wouldn't have anything."

At the release event, Rep. Dan Newhouse, R-Wash., said, "I can tell you, over the last couple of years, there's not a single grower of Washington apples that have made a profit." Rep. Josh Riley D-N.Y., one of three Democrat co-sponsors of the bill, spoke about the workers themselves. "The immigrants who work our dairy farms are some of the hardest working people you will ever meet," he said.

The legislation would allow workers to remain with the same employer for up to 350 days a year, making it easier for year-round livestock operations, such as dairies, to use the H-2A program. It also permits "staggered entry and exiting for workers" to better match farm production needs. Other provisions would reduce federal fees for farmers participating in the H-2A program.

The bill also codifies changes to the Adverse Effect Wage Rate (AEWR) the Labor Department approved last year, which farm groups said reduced payroll costs by more than $2 billion dollars. Producers have argued the previous AEWR formula made it increasingly difficult for smaller farms to afford H-2A workers as wage rates climbed each year.

New types of producers are also included in the foreign workforce program such as controlled-environment agriculture, forestry, aquaculture and livestock harvesting.

The bill has an uphill battle despite Tuesday's announcement.

In the Supreme Court on Tuesday, judges affirmed ending the Temporary Protected Status of a half million Haitian immigrants yet confirmed birthright citizenship.

House Agriculture Committee Chairman Glenn "GT" Thompson, R-Pa., has long advocated for agricultural labor reform, but jurisdiction over immigration legislation rests with the House Judiciary Committee. Any proposal would need to move through that committee, chaired by Rep. Jim Jordan, R-Ohio.

Working to get Jordan's approval "will be something apart of the process," said Thompson today. Some agriculture groups visited with the chairman before the press conference Tuesday.

The House text is also not being introduced in a bicameral action. Industry members attending the bill rollout said Senate action will likely depend on a signal from the White House that it is willing to engage on agricultural workforce reform.

Almost all members of the Agriculture Workforce Coalition have come out in support, including the National Council of Agricultural Employers.

"This bipartisan bill addresses head-on the exact challenges our organization and agricultural employers nationwide have focused on for years: expanding access for year-round sectors, implementing predictable cost controls, and streamlining the fractured program administration," said John Hollay, the organization's president and CEO.

The bill has 48 co-sponsors, including Rep. Newhouse, a former co-sponsor of the Farm Workforce Modernization Act. Absent from the event was the National Farmers Union, which has argued that allowing meatpacking facilities to use H-2A workers is not in the best interest of workers.

IMMIGRATION REFORMS

The most politically sensitive provisions of the legislation center on immigration pathways.

The bill would allow agencies to create specialized rules for occupations that do not fit neatly within the traditional seasonal workforce model, including workers who move between locations, have staggered work schedules or require streamlined transfers between employers.

This type of rule has supported industries like sheep herding in the past but gives the Labor Department greater flexibility to tailor visa procedures for those sectors.

Another controversial provision creates a limited waiver of certain grounds of inadmissibility for some unauthorized agricultural workers. Current immigration law generally bars people who entered the country illegally or overstayed a visa from returning legally because they are considered inadmissible.

Under the proposal, 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. The legislation states that "a pathway to citizenship is not included in this draft legislation," instead creating a mechanism for eligible workers to transition into legal H-2A status.

The provision will be a sticking point for conservative Republicans like Rep. Brandon Gill, R-Texas, who has emerged as a leading immigration hawk in the House Freedom Caucus.

Speaking at the Center for Immigration Studies in March, Gill argued against expanding foreign agricultural labor.

"I think we can make this case to the agriculture lobby. Whether they'll buy it or not, that's their problem. But the answer ultimately should be no, we're not going to import infinite laborers," he said. "This is an American industry that ought to be run and worked by American people."

On whether Thompson will be able to gather support from other members of Congress, he claimed, "You really have to have something that is so relevant to your district, and the fact that 92% of all planted acres are representative of Republicans."

CONSEQUENTIAL TIMING

The employment outlook for many immigrants has become increasingly uncertain over the past week.

Agriculture employs an estimated one million immigrants -- 40% of whom are estimated to be unauthorized in the country, according to USDA's Economic Research Service.

In a 6-3 decision in Mullin v. Doe, the Supreme Court ruled that the Department of Homeland Security has authority to terminate Temporary Protected Status (TPS) designations and that those decisions are not generally subject to judicial review. The ruling allows the Trump administration to end TPS protections for roughly 350,000 Haitians, as well as Syrians.

Those populations have filled jobs in restaurants and food processing facilities across the country.

The Supreme Court handed down a 6-3 decision against President Donald Trump's executive order seeking to end automatic birthright citizenship for children of undocumented immigrants.

Birthright citizenship allows that U.S.-born children of temporary agricultural laborers or undocumented workers become U.S. citizens. For agriculture, supporters argue that this helps stabilize the rural labor force, encourages multigenerational farm ownership and expands the domestic labor pool.

The last major workforce proposal, the Farm Workforce Modernization Act of 2025, was spearheaded by Rep. Zoe Lofgren, D-Calif., and Rep. Newhouse who both serve on the House Judiciary Committee. Nearly identical bills passed the House in 2019 and 2021 but have been unable to get out of committee since then.

Gregg Doud, president and CEO of the National Milk Producers Federation spoke directly to the president at Tuesday's event. "Mr. President, we need access to the H-2A program for U.S. dairy farmers," he said.

Bill Summary: https://thompson.house.gov/….

DTN Agribusiness Editor Chris Clayton contributed to this report

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

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