Issue link: https://www.epageflip.net/i/46914
Monday, November 7, 2011 – Daily News ENGELHARD, N.C. (MCT) — Few people in Engelhard, N.C., understand the effect of government bureaucracy better than veg- etable farmer Debbie Daugh- try. Nearly 2 feet of regulato- ry paperwork is stacked on her desk. Since participating in the H-2A visa program that pro- vides farmers with legal, tem- porary workers from foreign countries — typically Mexico — Daughtry has become a full-time paper pusher, orga- nizing applications, certifica- tions, time sheets and more. Because her farm follows the law, Daughtry believes she's at a competitive disad- vantage to the majority of other farms who decide to hire undocumented labor, usu- ally at a fraction of the cost. Debbie and her husband, Wilson, started using H-2A labor five years ago because even after receiving all the proper documentation from their seasonal labor force, including Social Security numbers, something didn't feel right. "In the back of your mind you can't help but believe we probably don't have a 100 per- cent legal workforce," Wilson Daughtry said. With few Americans will- ing to take on the physically demanding work at the wages offered, farmers are faced with a choice: join the expen- sive, bureaucratic program or hire cheaper undocumented labor and take their chances with U.S. Immigration and Customs Enforcement. "We were afraid that as we go to harvest the crop ... here comes the enforcement people and there goes our workers," Wilson Daughtry added. "We borrow a tremendous amount of operating money from our local bank. Up to the point of harvesting, it's all out there." Recent events in Alabama, Georgia and Arizona high- zens have first shot at the jobs, but several farmers say domestic hires rarely make it through the season, or some- times even the first day, because of the difficulty of the work. In addition, H-2A employ- ers must provide free housing, pay for transportation to and from the worker's country, cover all visa costs, and guar- antee a wage more than $2 higher than federal minimum wage. Before a single vegetable is picked, the Daughtrys esti- mate they must pay upwards of $1,200 per employee. With 58 H-2A employees that means nearly an additional $70,000 each season — not including the higher wages, which they would not be obligated to pay if they hired outside the program. Ironically, those who choose to use the H-2A pro- gram make themselves more available to public scrutiny than those who choose to skirt the law, according to Lee Wicker, deputy director of the North Carolina Growers Association. The NCGA was established to help its mem- bers more easily navigate the H-2A program. All migrant housing is MCT photo Debbie Daughtry stands behind the H-2A paperwork she main- tains. She says that maneuvering through the regulations and the added cost of the program has put her farm at a competi- tive disadvantage to those who hire undocumented labor. lighted this gamble when workers fled in fear of stricter immigration enforcement leg- islation. There has been an uptick in H-2A use in the last five years, but the majority of for- eign farm labor remains ille- gal. "Honestly, we're mad as hell about the situation," Wil- son Daughtry said. "We've tried to do the right thing and because of that we got our- selves kicked in the teeth and it's cost us a bunch of money. And at some point you've got to ask if it's worth it or not." It's not just the time required to navigate the paperwork. Farmers who use H-2A labor must pay to advertise the positions first to American workers. U.S. citi- legally required to be inspect- ed prior to occupancy and cer- tified for a specific number of beds, but Wicker said non-H- 2A housing often goes unin- spected. In 2011, the North Carolina Department of Labor certified 16,942 beds, of which 8,844 were H-2A. But with an esti- mated 70,000 to 100,000 undocumented agriculture workers in the state, Wicker believes that H-2A is dispro- portionately scrutinized. "I've seen those numbers," said Regina Cullen, NCDOL's Agricultural Safety and Health bureau chief. "My opinion is, if they give us a referral, if somebody says, 3B Farmers question burden of a legal workforce 'You need to go here (because) there's unregistered housing,' we will do it. We can't do it if we don't know about it. ... We do try to inspect all of them impartial- ly, in other words, we don't sort inspection lists by H-2A." Even if the government found ways to compel more farmers to use the H-2A pro- gram, it would have to prepare for a surge in applications, according to Carol House, a retired U.S. Department of Agriculture statistician who recently led a survey on farmer satisfaction. In 2010, food producers nationwide lost $320 million as a result of slow processing of H-2A applications, House testified at a congressional committee hearing in Septem- ber. House noted, "If the H-2A program expands significantly in the future ... without fixing the problems that led to these losses, one could speculate that these losses would climb to the billions of dollars." With its greater exposure to government regulation, added cost and more bureaucracy, the program needs reform, said the Daughtrys, who are recognized by the state as Gold Star Growers for going above and beyond housing standards. Otherwise, they warned, farmers will resort to other options. "What incentive do we have to do the right thing?" Debbie asked. "Why not go back to illegal workers and if you catch us and penalize us, then oh well." Wilson on the other hand, sees a shift in operations. "I'm thinking about quitting alto- gether," he said. 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