Moving H–2A to United States Department of Agriculture Act of 2025

Bill Number

H.R. 1891

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-03-05: Referred to the House Committee on the Judiciary.

Last Updated

2025-03-25T14:27:51Z

AI-Generated Summary

Purpose

The "Moving H-2A to United States Department of Agriculture Act of 2025" (H.R. 1891) aims to shift the responsibility for administering the H-2A visa program—a temporary work visa for foreign agricultural laborers—from the Department of Labor (DOL) to the Department of Agriculture (USDA). This change is intended to better align the program's oversight with agricultural expertise and needs.

Key Provisions

• Amendments to the Immigration and Nationality Act (INA): Section 218 of the INA (8 U.S.C. 1188), which governs the H-2A program, is updated by replacing references to the "Secretary of Labor" with "Secretary of Agriculture" and "Attorney General" with "Secretary of Homeland Security" (reflecting current immigration enforcement roles under the Department of Homeland Security).
• Effective Date and Transition: The changes take effect 60 days after the bill's enactment. Within this period, the Secretary of Labor must transfer all necessary personnel, funding, and materials to the Secretary of Agriculture to ensure a smooth handover of program administration.

Significant Changes to Existing Law

• Shift in Administrative Authority: Previously, the DOL handled H-2A oversight, including labor certifications and worker protections. This bill transfers that primary role to the USDA, making it the lead agency for program administration.
• Updated References: The replacement of outdated terms (e.g., "Attorney General") modernizes the law to match the current structure of federal immigration responsibilities.

Potential Impacts

• On Government Agencies: The DOL will lose direct control over the H-2A program, potentially reducing its workload but requiring coordination during the transition. The USDA will gain new responsibilities, resources, and expertise in immigration-related agricultural labor, which could streamline processes for farm-specific needs. The Department of Homeland Security's role in enforcement remains unchanged but is clarified.
• On Citizens and Workers: U.S. farmers and agricultural employers may experience faster or more tailored visa processing, easing seasonal labor shortages. Temporary foreign workers could see improved program efficiency but might face uncertainties during the transition. Broader citizen impacts are minimal, though it could indirectly support rural economies reliant on agriculture.
• On International Relations: The change is administrative and unlikely to alter U.S. commitments to foreign workers or bilateral labor agreements, but it may signal a policy focus on agriculture, potentially affecting recruitment from countries like Mexico.

Main Stakeholders Affected

• Agricultural Employers: Farmers and agribusinesses who rely on H-2A visas for seasonal workers stand to benefit from USDA's specialized oversight.
• Temporary Foreign Workers: H-2A visa holders, primarily from Latin America, may experience changes in how their applications and protections are managed.
• Government Agencies: USDA (gains authority), DOL (loses authority and must facilitate transfer), and Department of Homeland Security (minor reference update).
• Labor Advocates and Unions: Groups focused on worker rights may need to adapt to engaging with USDA instead of DOL for protections against exploitation.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill makes targeted, non-substantive amendments to the INA without altering core H-2A eligibility, wages, or protections, reducing the risk of legal challenges. It ensures continuity by mandating a structured transfer, avoiding disruptions to ongoing visas.
• Constitutional Implications: No apparent conflicts with constitutional principles, as it involves reallocating executive branch functions within Congress's authority over immigration (Article I, Section 8).
• Political Implications: The shift could appeal to agricultural interests and rural constituencies by prioritizing farming needs, but it might draw criticism from labor-focused groups concerned about diluted worker safeguards under a less regulation-oriented agency like USDA. As an introduced bill (referred to the House Judiciary Committee), it reflects ongoing debates on immigration reform tailored to economic sectors.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Steube, W. Gregory [R-FL-17]

Recent Actions

• 2025-03-05: Referred to the House Committee on the Judiciary.
• 2025-03-05: Introduced in House
• 2025-03-05: Introduced in House

Bill Versions

• Moving H–2A to United States Department of Agriculture Act of 2025 — issued 2025-03-05 — PDF (2 pages)