Fresh Produce Workforce

Produce Industry - Member Alert!

Immigration Enforcement Memo

As the Administration intensifies its enforcement of U.S. immigration laws, IFPA wants to provide you with essential information about your rights and responsibilities as both employers and individuals. While this document has been prepared with input from legal counsel, it does not constitute legal advice. For guidance on specific situations, we encourage you to consult your attorney.

If you have any questions about this material or immigration issues more broadly, please contact:

John Hollay

Director, Workforce/Labor
Government Relations

+1( 202)303-3421 Email John Hollay

IFPA remains committed to advocating for the fair treatment of our industry and pushing for reforms to workforce and immigration programs that are critical to the future of the fresh produce and floral sectors.

The JPH Law Firm issued a memo on Jan. 29, 2025, outlining key best practices for employers in response to immigration enforcement actions. The summary below highlights essential guidance from JPH, helping IFPA members navigate enforcement actions while maintaining compliance and safeguarding workers' rights.

See the Key Points for IFPA Members

Read the JPH Law Firm Memo

Farm Labor Stats

50-70% of U.S. agriculture labor is unauthorized

H-2A represents less than 10% of the hired agriculture labor force

2.5M people work in ag, plus 18+M more in the supply chain

Farm labor shortages mean higher food prices and $3B in missed GDP growth

Farm Worker Legislation Overview

For years, the fresh produce industry and our agriculture sector partners have made an overwhelming case for legislation to reform our broken immigration system and help build a legal and reliable workforce, especially now that the USDA expects the U.S. to import more food than it exports starting this year.

Aerial closeup view of man sorting tomatoes on flatbed trailer at sunrise.

Last year, Congress made considerable progress toward addressing farm worker issues by passing the Farm Workforce Modernization Act (H.R. 1603) and introducing the Affordable and Secure Food Act (S.5282). Even though these bills fell short, the 118th Congress will see Congress pursuing similar legislative solutions.

Labor challenges exist elsewhere in the supply chain, too, with the need for additional truck drivers, railroad workers, and more to avert another crisis, like the 2024 union strikes.

Workforce Reform in 2024

Key conversations have restarted in the 118th Congress to ensure the country has labor on the farm and in the supply chain while broad immigration reform efforts remain a priority for both parties. IFPA continues to act to keep this in focus through the following actions:

IFPA supports immigration reform that protects our current workforce through an earned pathway to legal status.

IFPA supports efforts to open up the H-2A program to agriculture industries that operate year round.

IFPA supports efforts to repeal recent regulations that make the H-2A program more unaffordable and more unworkable than it already is.

IFPA supports efforts to ensure that increases to the Adverse Effect Wage Rate are frozen and ultimately capped.

Legislation

Legislative action is at the heart of our efforts to change policies to improve the conditions impacting our supply chain. See how IFPA is taking on our workforce challenges:

Workforce: Issues Brief
Farm Workforce Modernization Act (H.R. 4319): IFPA Supports this bipartisan bill that would make comprehensive changes to our agricultural labor system. This is the same legislation that passed the House of Representatives in the previous Congress.
HIRE Act (H.R. 4708): IFPA Supports this bipartisan bill that would extend the wildly successful COVID-era waiver for in-person interviews for returning workers in the H-2A program
Congressional Review Act Resolutions for AEWR Disaggregation Rule (H.J Res. 59 and S.J. Res. 25): IFPA supports House and Senate resolutions disapproving of the Department of Labor’s H-2A AEWR regulation released on February 28, 2023.
Farm Operations Support Act (S.874): IFPA supports bipartisan Senate Legislation that would revert the AEWR to the December 2022 rate for the remainder of 2023.

Coalitions

As part of our immigration advocacy efforts, IFPA works with various coalitions to advance our immigration priorities. Learn more by visiting the coalition websites:

Letters

Key to our efforts is making sure members of Congress and the Administration hear directly from IFPA and our members about the importance of immigration reform. View the letters IFPA has organized or joined:

Dec. 6, 2022: Letter to Senate Leadership Urging Passage of Agriculture Labor Reform Bill
Aug. 2, 2022: Letter to Senate Leadership on Agricultural Support for Immigration Reform
May 12, 2022: Letter to Senate Judiciary Subcommittee on the Mark-Up of 11 Key Immigration Bills
June 8, 2021: Letter to Senate Leadership on Agricultural Support for Immigration Reform

Federal Websites

There are many federal agencies involved in the employment of foreign workers in the fresh produce industry. This is particularly true for users of the H-2A and H-2B visa programs where multiple agencies work together to manage the programs. Learn more about relevant agencies that play a role in the development, implementation and oversight of regulations impacting our members in this space: