Florida's Unanimously Passed H-2A Housing Fix Vetoed by Governor
By James Larsen, Managing Attorney
Governor Ron DeSantis of Florida recently vetoed legislation unanimously passed by both houses of the Florida state Legislature (113-0 in the House, 34-0 in the Senate) aimed at facilitating the agricultural industry's provision of living accommodations for legally verified migrant workers imported to harvest Florida’s crops.
The bill was a response to a stringent immigration law signed by DeSantis last year, which mandates employers with at least 25 workers to use the federal E-Verify system and includes provisions criminalizing human smuggling and invalidating driver's licenses issued by other states to undocumented residents. Although a federal judge recently blocked parts of this law, farmers have reported difficulties in maintaining crop harvests due to labor shortages.
The H-2A program, overseen by the federal Department of Labor, provides a legal framework for seasonal agricultural workers to be imported to American farms. Florida is the largest user of this program in the United States, surpassing even California and Texas in the number of migrants imported under this visa category each year.
Under H-2A regulations, employers must provide housing and other accommodations for workers, ensuring they meet federal standards. The recently vetoed Florida bill sought to streamline this process by allowing construction of housing units on farms for H-2A workers, superseding local zoning regulations, and ensuring compliance with building standards.
Governor DeSantis cited concerns in his veto letter that the bill lacked enforcement mechanisms to restrict housing to legal migrant workers, potentially paving the way for illegal workers to reside in these facilities. This decision has sparked debate, with supporters arguing it was a practical solution to housing and transportation challenges faced by farmers employing legal foreign labor.
Florida's attempt to make the transportation of undocumented farmworkers across state lines a felony also raise concerns of H-2A employers who operate in multiple states, who fear a lapse or mistake in their temporary labor certification application could subject them to felony charges.
James Larsen is an immigration-attorney with fifteen years of experience. In 2008, as a law clerk in Iowa, he helped bring in some of the first groups of agricultural construction workers into the United States on the H-2A program after a successful appeal of Department of Labor policy. His Agricultural Law Journal note, "Clearing the Immigration Hurdles: Challenges in Reforming the H-2A Temporary Agricultural Worker Program" was selected as the Best Note of 2010. James recently launched the Larsen Immigration Law Group, based in Leander, Texas. Previously he was Senior Employment Counsel at Farmer Law PC, where he served as attorney of record for the firm's H-2A filings during implementation of the October 2022 H-2A regulations. To schedule a consultation with James, call 512-648-9115 or visit info@larsenimmigration.com.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.