Farm Workforce Modernization Act of 2025

Bill Number

H.R. 3227

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-05-01T21:41:23Z

AI-Generated Summary

Purpose

The Farm Workforce Modernization Act of 2025 aims to address labor shortages in U.S. agriculture by providing legal status pathways for long-term undocumented agricultural workers, reforming the H-2A temporary worker program for nonimmigrants, improving housing for farmworkers, enhancing accountability for foreign labor recruiters, and mandating electronic employment verification in the agricultural sector. It seeks to secure a reliable domestic workforce while ensuring protections for workers and compliance for employers.

Key Provisions

The bill is structured into three titles, with detailed mechanisms for implementation.

Title I: Securing the Domestic Agricultural Workforce

• Certified Agricultural Worker Status (Subtitle A): Grants temporary status (initially 5.5 years, renewable) to undocumented aliens who have worked at least 1,035 hours (or 180 days) in agriculture in the two years before the bill's introduction, are inadmissible or deportable, and meet continuous presence requirements. Spouses and children may receive dependent status. Applications are accepted over 18 months (extendable to 30 months), with protections from removal during processing. Ineligibility applies for serious crimes (e.g., felonies, aggravated felonies), but waivers exist for humanitarian reasons or minor offenses.
• Optional Path to Permanent Residence (Subtitle B): After 4–8 years in certified status (plus prior work), workers can apply for lawful permanent residency, paying a $1,000 penalty fee and satisfying tax obligations. Dependents qualify if relationships existed at adjustment time.
• General Provisions (Subtitle C): Defines terms (e.g., "agricultural labor" includes non-seasonal work); allows fee waivers or installments; requires background checks; protects children by locking in age at application; limits removals for eligible applicants; provides employer protections from penalties for past hiring; corrects Social Security records; ensures privacy; imposes penalties for false applications; exempts adjustments from visa caps; requires congressional reports; and authorizes grants for application assistance and appropriations through FY2028.

Title II: Ensuring an Agricultural Workforce for the Future

• H-2A Program Reforms (Subtitle A): Establishes an electronic platform for streamlined petitions; updates requirements for labor certification, recruitment (e.g., contacting former U.S. workers, positive recruitment in labor-supply regions), wages (adverse effect wage rate with caps on fluctuations until 2035, then study-based), housing, transportation, and heat illness prevention. Allows non-seasonal H-2A visas with caps (starting at 20,000, adjustable); permits staggered entry petitions; requires disclosures and prohibits fees from workers. Enhances enforcement with penalties, bonds for labor contractors, and anti-retaliation measures. Authorizes appropriations and fees.
• Farmworker Housing Preservation and Construction (Subtitle B): Permanently establishes a program to restructure maturing Section 515 loans, renew rental assistance (up to 20 years), and decouple assistance from loans. Expands voucher eligibility, technical assistance grants, and transfer options for tenants. Authorizes $200 million annually (FY2026–2030) for preservation, $50 million for tech improvements, and increased funding for new farmworker housing loans/grants ($200 million loans, $30 million grants annually through FY2035) and rental assistance ($2.7 billion annually).
• Foreign Labor Recruiter Accountability (Subtitle C): Requires electronic registration of recruiters for H-2A workers, with attestations against fees, false information, and retaliation; mandates disclosures in workers' languages. Provides lists of registered/revoked recruiters at U.S. embassies; enables complaints, fines (up to $25,000 per violation), bond forfeitures, and civil actions. Employers get safe harbor if using registered recruiters. Authorizes appropriations.

Title III: Electronic Verification of Employment Eligibility

• Establishes a mandatory System (replacing E-Verify) for verifying identity and work authorization using documents like passports or Social Security cards. Includes photo-matching, user accounts for monitoring, blocking misused numbers, and anti-fraud tools. Requires verification within 3 days of hire; provides contest processes for tentative nonconfirmations (up to 30 days resolution) with appeals and lost-wages compensation for government errors. Mandatory for agricultural employers (phased by size: 6–15 months after certified worker applications close); voluntary elsewhere. Penalties mirror I-9 rules but with enhancements (e.g., $2,500–$25,000 fines); prohibits discrimination via the System. Authorizes funding via fees; requires reports on implementation.

Significant Changes to Existing Law

• Immigration and Nationality Act (INA) Amendments: Creates new "certified agricultural worker" status outside numerical visa caps, waiving certain inadmissibility grounds (e.g., unlawful entry before enactment) and providing a discretionary path to green cards—unlike prior programs without such legalization for undocumented workers. Reforms H-2A (INA §218) by allowing non-seasonal work with caps, streamlining petitions via an electronic platform, capping wage fluctuations (e.g., no more than 3.25% annual increase until 2035), requiring heat plans and family housing, and extending stays to 36 months.
• Housing Laws: Permanently codifies the Multifamily Housing Preservation and Revitalization Program (previously temporary); expands rural vouchers to prepaid/foreclosed properties; increases authorizations for farmworker loans/grants and rental aid under the Housing Act of 1949.
• Verification System: Repeals E-Verify (Illegal Immigration Reform and Immigrant Responsibility Act of 1996) and mandates a new System for agriculture, with phased implementation and enhanced anti-fraud features (e.g., photo tools, individual monitoring)—shifting from voluntary/opt-in to mandatory in one sector.
• Other: Amends Social Security Act for record corrections; adds surety bonds for farm labor contractors under the Migrant and Seasonal Agricultural Worker Protection Act; enhances recruiter registration without prior federal equivalent.

Potential Impacts

• Government Agencies: Increases workload for DHS (adjudications, System maintenance, appeals), USDA (housing programs, consultations), DOL (H-2A certifications, recruiter enforcement), and SSA (verification support). Authorizes appropriations ($200M+ for housing, fees for verification) but requires interagency coordination; potential delays if applications backlog.
• Citizens and Residents: Stabilizes agricultural supply chains, potentially lowering food prices; protects U.S. workers via recruitment priorities and wage floors. Certified workers gain work authorization and travel rights but remain ineligible for most public benefits or subsidies.
• International Relations: Improves H-2A visa processing and recruiter transparency, aiding recruitment from countries like Mexico; may reduce irregular migration by legalizing existing workers, but caps on non-seasonal visas could strain ties if shortages persist.

Main Stakeholders Affected

• Agricultural Workers: Undocumented long-term workers (est. millions) gain temporary status and green-card paths; H-2A workers benefit from better wages, housing, and protections against fees/exploitation.
• Agricultural Employers/Farmers: Access certified domestic labor and reformed H-2A (easier petitions, portable visas pilot); must comply with verification, bonds, and recruitment—easing shortages but adding costs/compliance burdens, especially for small farms.
• Government Entities: DHS, DOL, USDA, and SSA handle expanded roles; states via workforce agencies aid recruitment/housing.
• Taxpayers and Consumers: Funds programs via fees/appropriations; supports stable food production but may increase enforcement costs.
• Recruiters and Labor Contractors: Face registration, bonds, and penalties, reducing exploitation but raising operational hurdles.
• Nonprofits/Advocates: Eligible for grants to assist applications/housing preservation.

Notable Legal, Constitutional, or Political Implications

• Legal: Introduces prosecutorial discretion-like waivers for inadmissibility and removal limits, potentially challenging enforcement uniformity; enhances due process via contest/appeal rights in verification but risks errors leading to wrongful terminations (with compensation). Preempts state/local verification laws except licensing penalties.
• Constitutional: Balances immigration enforcement (Article I powers) with worker protections; photo-matching and data safeguards address privacy (Fourth Amendment) concerns, but monitoring tools could raise surveillance issues if misused. No national ID created, avoiding direct Fifth/Fourteenth Amendment challenges.
• Political: Provides "earned legalization" for agricultural undocumented immigrants, bridging amnesty/reform divides but facing criticism for rewarding unlawful presence or insufficient border security. Phased mandates and exemptions (e.g., for certified workers) may spark debates on equity; long-term wage study (post-2035) allows future adjustments amid labor market shifts.

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

Sponsor

Rep. Lofgren, Zoe [D-CA-18]

Cosponsors (11)

Rep. Newhouse, Dan [R-WA-4], Rep. Simpson, Michael K. [R-ID-2], Rep. Costa, Jim [D-CA-21], Rep. Valadao, David G. [R-CA-22], Rep. Gray, Adam [D-CA-13], Rep. Carbajal, Salud O. [D-CA-24], Rep. Salazar, Maria Elvira [R-FL-27], Rep. Harder, Josh [D-CA-9], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Schrier, Kim [D-WA-8], Rep. Salinas, Andrea [D-OR-6]

Recent Actions

• 2025-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-07: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-07: Introduced in House
• 2025-05-07: Introduced in House

Bill Versions

• Farm Workforce Modernization Act of 2025 — issued 2025-05-07 — PDF (231 pages)