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Originally published Thursday, February 14, 2008 at 12:00 AM

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Guest columnist

State should help farmers secure stable, legal work force

Most Washington farmers are doing everything in their power to hire legal workers, and they are baffled that our state is not doing its...

Special to The Times

Most Washington farmers are doing everything in their power to hire legal workers, and they are baffled that our state is not doing its part to help. The state's questionable immigration policies are raising the ire of the federal government, which is now threatening to withhold federal funding for guest-worker programs. Farmers are concerned that the brewing spat may trigger a federal immigration crackdown on farmers here.

Washington farmers, who are struggling to attract a legal and stable work force, are enrolling in the federal guest-worker program to obtain visas for workers whom they employ. In order to use the program, farmers are required to advertise and recruit local workers through the state work-force agency. The state agency refers local workers, and if there are not enough local workers, the farmers can obtain visas to bring guest workers from another country.

It is not uncommon for a farmer to receive more than 100 local worker referrals. Most don't even bother to show up when they learn that it's a fieldwork position. Others tell the farmer that they are not interested, but are required to fulfill interview requirements to collect unemployment benefits. Of the 100 referrals, only a handful will be interested in working in the fields, and inevitably, these workers are undocumented.

As curious as it may sound, our state does not verify the legal status of workers before referring them. So farmers who enroll in a program to obtain visas for legal workers may have their applications denied if undocumented workers want the job.

Last November, the federal government issued guidance directing states to verify the legal status of local workers before referring them. On Feb. 4, our state Employment Security Department officially notified the federal Department of Labor that it will disregard the federal mandate.

Our state cited a lack of resources and procedural issues in its refusal letter. We're not buying it. Two years ago, the state offered to actually fill out the Employment Eligibility Verification Form I-9 for any farmer who asked. Well, now we are asking state officials. And, as for a lack of resources ... welcome to our world.

Small growers spend $100,000 or more to enroll in the program. They must provide free housing and door-to-door transportation; and, they must guarantee higher wages for all workers — domestic and foreign. They do this to obtain a legal and stable work force.

In a recent conference call with agricultural leaders throughout the country, Stewart A. Baker, Department of Homeland Security assistant secretary for policy, praised states like Arizona that are cooperating with the feds, and openly wondered why farmers in Washington are willing to put up with this treatment from their state government.

Farmers are tired of being caught in this bureaucratic stalemate. We need a guest-worker program that works, and leaders who will make it happen.

Steve Appel is president of the Washington Farm Bureau, www.wsfb.com, a 35,000-member advocacy organization representing family farmers and ranchers across the state. Appel is a third-generation family farmer who grows wheat and barley in the Palouse region of southeast Washington.

Copyright © 2008 The Seattle Times Company

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