Newhouse Opposes DHS Rule Which Would Ravage U.S. Food Supply
WASHINGTON, D.C. – Rep. Dan Newhouse (R-WA) led 11 of his colleagues in a letter to Department of Homeland Security (DHS) Secretary Mayorkas opposing DHS’ final rule Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico which would have serious ramifications on our nation’s food supply and on rural economies.
“The rule by DHS threatens to delay the arrival of some employees in an industry where even a few days delay in performing critical time-sensitive tasks can affect the size and quality of the crop. At worst, this rule will prevent these employees from being able to travel to the U.S. to work at all this season,” wrote the lawmakers.
The lawmakers continued, “We have concerns this rule, without certain modifications, could unintentionally add to our current labor and supply chain issues. Over the last several weeks, the agricultural industry that utilizes the H-2A visa program has requested similar flexibilities from previous years by allowing H-2A visa holders entry on the conditions they would receive a COVID-19 vaccine upon arrival.”
The lawmakers concluded, “We request that you provide H-2A employers with the flexibility to vaccinate employees upon arrival and work with industry to offer vaccination clinics at U.S. embassies and consular offices in the employee’s home country. We ask that you continue working with the agricultural industry to work through these concerns as promptly as possible. Any more delays could potentially have severe implications on food supply systems and rural economies.”
Original signers include: Reps. Dan Newhouse (R-WA), Peter Meijer (R-MI), John Katko (R-NY), Suzan DelBene (D-WA), Chris Jacobs (R-NY), Fred Upton (R-MI), Kurt Schrader (D-OR), Russ Fulcher (R-ID), Michael Simpson (R-ID), Bill Huizenga (R-MI), Cliff Bentz (R-OR), and Tom Rice (R-SC).
Quotes from Supporting Organizations:
“Farmers and ranchers share the goal of ensuring the health and safety of America’s families. We also have a responsibility to put food on the tables of those same families. We are extremely concerned that the Department of Homeland Security’s decision to require essential workers be vaccinated before entering the United States will limit agriculture’s ability to grow safe and nutritious food. Without a robust and stable workforce, crops could also be left rotting in the fields. DHS failed to provide proper notice of the mandate, which gives farmers, ranchers and agriculture suppliers no time to prepare. Farmworkers and truck drivers provide critical skills and have been designated as essential by the Cybersecurity and Infrastructure Security Agency. Further limiting the available workforce will exacerbate existing supply chain issues as families face rising prices and fewer options at the grocery store,” said American Farm Bureau Federation President Zippy Duvall.
“Apple Growers made a big push to get workers vaccinated last season. We want our workers to be vaccinated for their safety and the safety of our communities. I expect to have at least 10 new workers this year and I don’t know whether they will be able to secure an approved vaccine in Mexico. If we don’t have the right number of workers at the precise time, the crop will go unharvested. It’s frustrating as a grower to think that I could do everything right in terms of caring for my orchards, securing a legal workforce, arranging storage and sales of that crop, all to be derailed by insufficient labor,” said USApple Chairman Chris Alpers, a Michigan apple grower.
“The National Council of Agricultural Employers is very concerned regarding this regulation from DHS. Even though agricultural employers worked with the CDC and the National Center for Farmworker Health to vaccinate thousands of workers around the country last season, not all were vaccinated. And, with the anticipated growth in this year's H-2A program and the proliferation of non-CDC approved vaccines available in countries that provide temporary workers, this action will doubtless exacerbate supply chain infirmities and imperil America's ability to emerge from the pandemic and feed our nation. NCAE applauds Congressman Newhouse's leadership on this critical issue at this critical juncture in America's recovery,” said National Council of Agricultural Employers President and CEO Michael Marsh.
“Protecting our workforce from COVID-19 is a top priority, which is why our company worked with the Yakima County Health District to provide an on-site clinic for our workers – both H-2A and non-H-2A – to get vaccinated last summer. While I am pleased that many of these workers will be returning to work on our farm this year, we are very concerned about the impact this requirement will have on the ability to bring in first-time workers that have not yet had the opportunity to be vaccinated. As a U.S. privately-owned farm, we have no control over Mexican citizens’ access to U.S.-approved COVID-19 vaccines in Mexico, and we greatly appreciate Representative Newhouse’s efforts to advocate for the flexibility to provide our H-2A workers with a vaccine upon arrival in the United States. Absent immediate action to provide this flexibility, we need help from the federal government to provide H-2A workers with the opportunity to obtain a U.S.-approved vaccine in Mexico. Otherwise, we will face significant disruptions in accessing the labor force we need to grow and harvest our crop,” said Kristin Kershaw Snapp of Domex Superfresh Growers Yakima, WA.
You can read the full letter here and below.
Secretary Mayorkas,
We write to you today concerning the Department of Homeland Security’s final rule titled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico - Docket No. DHS-2022-0003, requiring proof of CDC-approved COVID-19 vaccines for essential travelers entering the United States.
Since the onset of the COVID-19 pandemic, H-2A employers have worked tirelessly to ensure the safety and wellness of their H-2A employees by providing personal protective equipment, on-demand COVID-19 testing, and standing up on-farm COVID-19 vaccination clinics. As a result, a significant percentage of H-2A employees were vaccinated while they were in the U.S. last year, including 95 percent of H-2A employees in Washington state.
Most of those vaccinated workers will return. However, growth in the number of H-2A employees coming to the United States, coupled with the need to replace employees who leave through general attrition, means that the number of employees who are either unvaccinated or have received unapproved vaccines will be substantial. Some of the new H-2A employees are already scheduled to arrive in the U.S. with future arrivals in the coming days and weeks.
We believe the safety of Americans and those coming to this country for work is paramount and support these efforts by H-2A employers.
Unfortunately, the rule by DHS threatens to delay the arrival of some employees in an industry where even a few days delay in performing critical time-sensitive tasks can affect the size and quality of the crop. At worst, this rule will prevent these employees from being able to travel to the U.S. to work at all this season – due to lack of access to an approved vaccine versus lack of will to get vaccinated.
The rule states that “In Mexico, 55.9 percent of the population is fully vaccinated against COVID-19, while as of October 2021, 72 percent of those living in border regions were fully vaccinated against COVID-19.” The data does not show the number in Mexico vaccinated with CDC-approved vaccines, which is required for entry. Additionally, while COVID-19 vaccines are sparsely available in Mexico, many are not CDC-approved. Using the cited data as your basis to require essential travelers to comply with vaccine mandates increases confusion for both employers and visa holders.
We have concerns this rule, without certain modifications, could unintentionally add to our current labor and supply chain issues. Over the last several weeks, the agricultural industry that utilizes the H-2A visa program has requested similar flexibilities from previous years by allowing H-2A visa holders entry on the conditions they would receive a COVID-19 vaccine upon arrival.
We request that you provide H-2A employers with the flexibility to vaccinate employees upon arrival and work with industry to offer vaccination clinics at U.S. embassies and consular offices in the employee’s home country. We ask that you continue working with the agricultural industry to work through these concerns as promptly as possible. Any more delays could potentially have severe implications on food supply systems and rural economies.
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