NW Lawmakers Request Vaccination Exemption For H2A Workers

Several Northwest lawmakers are calling on Homeland Security for an exemption when it comes to COVID vaccination requirements. Earlier this year, the Department of Homeland Security announced essential personnel crossing into the U.S. via land border show proof of a CDC-approved COVID-19 vaccination.

Many in the farming community expressed concern that this will make it challenging for H-2A workers to arrive in the U.S. on time for harvest or other time sensitive work. In response, several lawmakers wrote to Homeland Security Secretary Alejandro Mayorkas asking that an exemption be issued for farm workers.

This week’s letter stated ”...the current labor shortage facing the ag industry is severe….and obstacles to the arrival of this workforce, including the DHS rule, will cause delays affecting the quality and quantity of crop production.”

The letter was signed by Washington representatives Kim Schrier, Dan Newhouse, Rick Larsen, and Suzan DelBene, Oregon’s Cliff Bentz and many others.

The Entire Letter is Below:

The Honorable Alejandro Mayorkas Secretary U.S. Department of Homeland Security Washington, D.C. 20528 Dear Secretary Mayorkas

We write today as a follow-up to ask that you issue an exemption for H-2A workers to the Department of Homeland Security’s recently issued final rule requiring essential personnel crossing into the United States via land border show proof of CDC-approved COVID-19 vaccination.

The publication of the rule, Docket No. DHS-2022-0002, titled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada1 states the sole authority to grant exceptions lies with the Secretary of Homeland Security for “persons whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.”

H-2A workers are essential to ensure a robust food supply for the nation and the world. The current labor shortage facing the agriculture industry is severe. Domestic worker shortages in recent years have made it increasingly difficult for farmers to grow and harvest their crops, leading to greater utilization of the H2A program. In Washington state alone, 28,000 workers are expected this year. One quarter have already arrived, mostly returning workers. Approximately 15,000 workers, many of them first time workers, will arrive between March and June. Obstacles to the arrival of this workforce, including the DHS rule, will cause delays in critical time-sensitive tasks that can affect the quality and quantity of crop production.

While returning H-2A workers are largely vaccinated, many of the new H-2A employees expected for the 2022 season are either unvaccinated or have received unapproved vaccines. Considering general attrition and continued growth of the program, this number will be substantial. The requirement that H-2A workers be fully vaccinated upon arrival presents a significant obstacle for many employers and will result in workforce shortages for farmers and growers.

Of course, protecting communities from COVID-19 continues to be a paramount priority. But we are in a new chapter of this pandemic compared to just a few months ago. Positive case, hospitalization, and death rates are all significantly dropping. State and local vaccination mandates and states of emergency are being lifted. And just last week, the CDC announced that in counties with low risk, masks requirements can safely be lifted. Many farmers in our districts and around the country – working with the state and local health districts – provided their workers access to vaccines on-site through mobile clinics last year as these vaccines became available. 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.

While we appreciate the engagement from DHS over the past two months, we are frustrated that the issue remains unresolved. The risk of disrupting our food supply chain becomes more urgent as we get further into growing season, so it is imperative that we come to a solution as soon as possible.

H-2A employers in our districts are willing and eager to facilitate vaccination for arriving H-2A workers as quickly as possible upon arrival again this year. To ensure the robust workforce needed to sustain our nation’s food supply chain, we request that you issue a national interest exception for H-2A workers from the vaccination requirement and that you work with employers to make plans for quick and safe vaccinations for workers upon arrival.

Sincerely,

Kim Schrier, M.D. Member of Congress

Dan Newhouse Member of Congress

Suzan DelBene Member of Congress

Jimmy Panetta Member of Congress

Madison Cawthorn Member of Congress

David Rouzer Member of Congress

Cliff Bentz Member of Congress

Richard Hudson Member of Congress

Julia Letlow Member of Congress

Rick Larsen Member of Congress

John Katko Member of Congress