Agriculture Workforce Reform Act of 2025

Bill Number

H.R. 4748

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-07-23: Referred to the House Committee on the Judiciary.

Last Updated

2025-09-16T17:47:37Z

AI-Generated Summary

Purpose of the Legislation

The Agriculture Workforce Reform Act of 2025 aims to address labor shortages in the U.S. agricultural sector by creating a temporary legal pathway for certain undocumented immigrants who have worked in agriculture to obtain nonimmigrant work visas. This allows eligible workers to re-enter or remain in the U.S. legally to perform agricultural jobs, while providing protections for both workers and employers.

Key Provisions

• Eligibility for Covered Aliens:
• Defines "covered aliens" as individuals who performed agricultural labor or services (as described under the H-2A visa category for temporary agricultural workers) in the U.S. for at least 2 years between January 1, 2021, and their departure or removal, even if they were not legally present during that time.
• These aliens must not have received certain federal, state, or local public benefits (e.g., welfare programs restricted to citizens or legal residents) while in the U.S.
• Waivers of Inadmissibility and Removability:
• During a 3-year "covered period" starting from the bill's enactment, specific immigration barriers (under sections 212(a)(6), (7), and (9) of the Immigration and Nationality Act, or INA—covering unlawful presence, documentation issues, and prior removals) do not apply to covered aliens seeking H-2A admission after leaving or being removed from the U.S.
• Removability grounds (under INA section 237(a)(1) or (3), related to presence violations or aggravated felonies) are also waived during this period.
• Application Process and Fees:
• Aliens and their employers must each pay a fee of at least $2,500 (set by the Secretary of Labor) to apply for admission.
• Admission is limited to 3 years initially, with renewals possible for additional 3-year periods.
• Protections from Prosecution:
• Employers are immune from penalties under INA section 274A (for hiring unauthorized workers) when employing covered aliens.
• Covered aliens are immune from prosecution under INA sections 275 and 276 (for improper entry or illegal reentry) for actions before applying under this act.

Significant Changes to Existing Law

• Temporary Waivers and Immunities: Introduces new exceptions to standard INA inadmissibility and removability rules, which normally bar undocumented immigrants with prior violations from re-entering. These waivers are limited to a 3-year window and specific agricultural workers, unlike broader amnesty programs.
• Expansion of H-2A Access: Modifies eligibility for H-2A nonimmigrant visas (typically for temporary foreign workers) to include those with recent unauthorized agricultural experience, bypassing usual requirements for lawful prior presence.
• Employer and Worker Protections: Adds targeted immunities not previously available, shielding agricultural employers from employment verification penalties (e.g., I-9 form violations) and workers from reentry bans, specifically for this group.

Potential Impacts

• On Government Agencies: The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) would handle increased visa applications and waivers, potentially straining resources during the 3-year covered period. The Department of Labor (DOL) would determine fees and oversee H-2A compliance, possibly requiring new administrative processes.
• On Citizens and Workers: U.S. agricultural employers could gain access to a reliable workforce, reducing labor shortages and supporting food production. Covered aliens (primarily immigrants from regions like Latin America) could transition from undocumented status to legal temporary work, improving job stability but without a path to permanent residency or citizenship.
• On International Relations: May signal U.S. efforts to manage migration from agricultural labor-sending countries (e.g., Mexico), potentially easing bilateral tensions over undocumented crossings, but could face criticism abroad if seen as insufficient for broader immigration reform.

Main Stakeholders Affected

• Agricultural Workers (Covered Aliens): Undocumented immigrants with 2+ years of recent U.S. farm work, who gain temporary legal status but face fees and time limits.
• Agricultural Employers and Industry: Farmers and agribusinesses benefit from hiring protections and workforce access, addressing seasonal labor needs.
• Government Entities: DHS, USCIS, DOL, and immigration courts, which must implement waivers, process applications, and enforce limits.
• U.S. Taxpayers and Communities: Indirectly affected through potential economic boosts to agriculture (e.g., stable food supply) and public benefit restrictions ensuring no added welfare costs.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Relies on congressional authority to amend the INA, creating narrow exceptions that could be challenged in court if viewed as overly lenient on enforcement (e.g., waiving removability might conflict with deportation priorities). The immunities provide prosecutorial discretion but do not erase prior records entirely.
• Constitutional Implications: Aligns with Congress's plenary power over immigration (under Article I), but the temporary nature and public benefit exclusions aim to balance enforcement with economic needs, avoiding equal protection issues by targeting a specific group.
• Political Implications: Positions as a targeted reform for a key industry amid debates on immigration, potentially appealing to rural and business interests while drawing opposition from those favoring stricter border controls; its 3-year limit may limit long-term controversy but requires future congressional action for extension.

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

Sponsor

Rep. Van Orden, Derrick [R-WI-3]

Recent Actions

• 2025-07-23: Referred to the House Committee on the Judiciary.
• 2025-07-23: Introduced in House
• 2025-07-23: Introduced in House

Bill Versions

• Agriculture Workforce Reform Act of 2025 — issued 2025-07-23 — PDF (4 pages)