Bracero Program 2.0 Act
- Bill Number
- H.R. 4367
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-07-14: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-08T16:57:30Z
AI-Generated Summary
Purpose of the Legislation
The "Bracero Program 2.0 Act" (H.R. 4367) aims to modernize the H-2A visa program, which allows U.S. employers to hire temporary foreign workers for agricultural jobs. It seeks to streamline hiring processes, improve worker mobility, ensure fair wages, and expand eligibility while adding oversight to protect workers and maintain program integrity. The name references the historical Bracero Program (1942–1964), which brought Mexican workers to the U.S. for farm labor.
Key Provisions
- Online Portal for Employers (Sec. 2): Within 18 months of enactment, the Department of Homeland Security (DHS), in coordination with the Department of Labor (DOL), must create an online system for employers to submit petitions to hire H-2A workers and post job openings. This portal allows simultaneous processing by DHS, DOL, and state workforce agencies, and supports petitions for staggered work needs (e.g., varying start dates).
- Wage and Admission Reforms (Sec. 3): Amends the Immigration and Nationality Act (INA):
- Defines an acceptable wage for H-2A workers as the state's minimum wage plus $2.00 per hour, which is deemed not to harm U.S. workers' wages.
- Sets the standard admission period for H-2A workers at one year.
- Provides expedited processing (no in-person interview) for returning H-2A workers who pass security checks and pose no criminal or national security risk.
- Portable H-2A Visa Pilot Program (Sec. 4): Establishes a 6-year pilot, starting within 18 months of enactment, allowing certain H-2A workers to switch jobs more freely within their initial state of employment:
- DHS, DOL, and the Department of Agriculture (USDA) will create an online platform to match workers with registered agricultural employers.
- Employers can register for up to 3 years (renewable) and hire portable workers without new petitions, but must pay required wages and provide workers' compensation insurance if not covered by state law.
- Eligible workers: Those previously admitted as H-2A who had an initial job offer; limited to 10,000 total at any time, with state-specific mobility (workers have 60 days to find new jobs or face removal).
- DOL handles enforcement, including audits, penalties, and using fines for program administration.
- A mid-program report to Congress assesses participation, impacts, and recommendations.
- Expansion to Indoor Agriculture (Sec. 5): Amends the INA to include greenhouse and indoor farm work as eligible for H-2A visas, even if not temporary or seasonal.
- Oversight Reports (Secs. 6 and 7):
- GAO (Government Accountability Office) report within 1 year on program reliance, housing challenges, employer compliance, wage effects, impacts on U.S. workers, and agency staffing.
- Biennial GAO reports starting after 2 years, evaluating state-specific worker protections, reporting mechanisms for violations (e.g., unsafe conditions, wage theft), education on rights, barriers, and enforcement processes.
Significant Changes to Existing Law
- Streamlined Processes: Replaces paper-based or fragmented filings with a unified online portal, reducing delays and allowing flexible petitions—unlike the current H-2A system, which requires sequential approvals and separate job ads.
- Wage Standard: Shifts from the current "adverse effect wage rate" (a complex calculation based on local surveys) to a simpler state minimum wage plus $2.00, potentially lowering costs for employers while ensuring a premium over minimum pay.
- Worker Mobility: Introduces portability within a state via the pilot, contrasting with the traditional H-2A's tie to a single employer; adds a 60-day grace period for job transitions, with removal for non-compliance.
- Eligibility Expansion: Broadens H-2A to non-seasonal indoor farming, previously limited to temporary/seasonal outdoor work.
- Protections and Oversight: Enhances enforcement by DOL and mandates GAO reports; amends a 1986 law to broaden H-2A workers' access to employment rights beyond contract specifics.
Potential Impacts
- Government Agencies: Increases workload for DHS (portal and pilot management), DOL (enforcement and audits), and USDA (employer registration), potentially requiring more staffing. GAO reports could lead to further reforms or resource allocations.
- Citizens: U.S. farm workers may face competition from more accessible foreign labor, but reports aim to monitor wage and condition effects; easier hiring could stabilize food supply chains and rural economies.
- H-2A Workers: Improves flexibility (portability, expedited returns) and protections (insurance mandates, violation reporting), but caps (10,000 pilot participants) limit scale; could reduce exploitation through better matching and oversight.
- International Relations: Facilitates legal migration from countries like Mexico, potentially strengthening bilateral ties on labor and border issues, but numerical limits and security checks maintain controls.
Main Stakeholders Affected
- Agricultural Employers: Benefit from faster hiring, job posting simplicity, and pilot portability to fill seasonal gaps; must comply with registration, wages, and insurance.
- H-2A Workers: Primarily from Mexico and Central America; gain mobility and rights but face pilot caps and removal risks if unemployed.
- U.S. Farm Workers: Could experience wage pressure or improved conditions via monitored impacts; domestic recruitment is indirectly supported through the job registry.
- Government Entities: DHS, DOL, USDA (implementation and enforcement); State Department (visa issuance); GAO and Congress (oversight); state workforce agencies (processing).
- Broader Economy: Agribusiness sectors (e.g., fruit, vegetable growers) and rural communities reliant on seasonal labor.
Notable Legal, Constitutional, or Political Implications
- Legal: Amends the INA to clarify wage definitions and expand visa scope, potentially reducing litigation over "adverse effect" calculations; pilot's regulatory flexibility allows testing without permanent changes, but enforcement penalties strengthen DOL authority.
- Constitutional: Aligns with Congress's plenary power over immigration (Article I, Section 8), balancing employer needs with worker protections under due process; no direct challenges noted, but portability could raise questions on state vs. federal labor jurisdiction.
- Political: Advances targeted immigration reform for agriculture amid broader debates, appealing to farm-state interests while addressing labor abuses; pilot and reports provide data for future expansions or terminations, avoiding sweeping overhauls.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. De La Cruz, Monica [R-TX-15]
Cosponsors (2)
Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Williams, Roger [R-TX-25]
Recent Actions
- 2025-07-14: Referred to the House Committee on the Judiciary.
- 2025-07-14: Introduced in House
- 2025-07-14: Introduced in House
Bill Versions
- Bracero Program 2.0 Act — issued 2025-07-14 — PDF (13 pages)