agriculture

WASHINGTON — Sen. Jeff Merkley, D-Ore., introduced an amendment Wednesday to the massive immigration bill under consideration in the Senate that would tighten loopholes that Oregon companies used to hire foreign workers to complete local forestry projects.

The amendment is virtually identical to the American Jobs in American Forests Act, a bill Merkley introduced in May.

Merkley’s legislation would require companies to make an extensive effort to hire American workers before they could apply for an H-2B visa.

The H-2B visa program, which received a major injection of stimulus funding from the 2009 American Recovery and Reinvestment Act, authorizes American companies to import foreign workers for nonagricultural seasonal work if they are unable to find U.S. citizens to fill the positions.

As The Bulletin first reported, four Oregon companies received more than $7 million in federal funds to hire foreign workers for forestry projects through the H-2B program in 2010. At the time, Oregon was suffering through double-digit unemployment.

A subsequent review of the H-2B program by the Department of Labor’s inspector general could find no evidence that the Oregon companies made any effort to recruit in Oregon.

“I am pleased that the Senate is moving forward to fix our broken immigration system," said Merkley in a prepared statement. “But we need to ensure that in fields like forestry where there are thousands of Oregonians looking for work, companies are not allowed to abuse the H-2B visa program and just blindly assert that there are no Oregonians willing and able to work in our forests."

Under the current system, companies have to advertise only in states where the jobs “originated," which often are not the states in which the work was to be performed. The companies can self-attest that they were unable to find U.S. workers before asking permission to hire foreign labor.

Consequently, unemployed workers in Oregon, many with forestry experience and expertise, might never learn about job openings for local forestry projects. Oregon’s database of those actively seeking work includes 3,492 forest and conservation workers and 1,489 forest and conservation technicians, according to the Oregon Employment Department.

Under Merkley’s proposal, companies must bolster their efforts to recruit locally by advertising on local radio and Internet job sites, as well as consulting with the state workforce agency to make sure local job seekers learn about potential openings. The state workforce agency would have to certify that a robust effort had been made before a company could apply to bring in foreign labor, and would put in stricter recruiting rules for multistate projects so companies couldn’t advertise exclusively in one state for a project that will take place in another.

While many details and disagreements remain, including over border security and a possible path to citizenship, leaders from both parties have said passing immigration reform is a priority.

By attaching his bill to the larger legislation, Merkley increases its chances of actually becoming law, since large, heavily negotiated and debated bills are generally more likely to secure a majority of votes than smaller, one-issue bills. The Senate must first agree to the amendment, and a vote on it has not yet been scheduled.

After the inspector general’s report, the Labor Department tried to change the rules governing the H-2B program to close some of the loopholes, but its changes were successfully challenged in federal court by the U.S. Chamber of Commerce and others.

The program has continued to grow under the old rules. Over the past four years, the number of visas issued has grown from 44,847 in fiscal year 2009 to 47,403 in 2010 and 50,826 in 2011, according to the U.S. State Department. Figures for 2012 were not available.

Oregon is not one of the top 10 states for total positions certified, according to Department of Labor figures. In 2012, forest worker was the second highest H-2B worker category, behind landscaper. For 2013, forest worker ranks fourth, behind landscaper/groundskeeper, maid/housekeeper/cleaner, and amusement and recreation attendant.
  Read more about Merkley intros H-2B amendment

SALEM — Medford state representative Sal Esquivel and a fellow GOP legislator want voters to decide whether to overturn a new law that allows illegal immigrants in Oregon to obtain driver's licenses.

Esquivel, Rep. Kim Thatcher of Keizer and Portland activist Richard LaMountain with the group Oregonians for Immigration Reform are sponsors of a referendum submitted to the Secretary of State's Office Wednesday.

Referendum supporters will have to work quickly if they want to make the November 2014 ballot. They'll have to gather more than 58,000 valid signatures from registered voters within 90 days after the Legislature adjourns.

The law is scheduled to take effect Jan. 1, but it would be put on hold until after the election if referendum proponents successfully force a vote.

Critics say the law rewards illegal actions and might encourage more people without legal documents to come to Oregon.

"If someone is willing to disregard immigration laws, what other laws are they willing to disregard?" Thatcher said last month.

Esquivel, the son of immigrants, questioned the value of the law in a May 1 story in the Mail Tribune.

"They broke the law getting in the country, broke the law working, broke the law driving and broke the law by being uninsured," Esquivel said. "... I don't see where the card makes them buy insurance. Let's face the facts. They're not going to buy it."

Supporters, however, say it would make Oregon's roads safer by reducing the number of unlicensed and uninsured drivers.

"(The referendum) is trying to make this about immigration when this is a public safety issue about Oregon's roads," said Jeff Stone, director of Oregon Association of Nurseries and an architect of the law.

Stone said he's disappointed by the referendum, especially because the legislation passed with bipartisan support.

Gov. John Kitzhaber signed the bill last week before a throng of cheering supporters in front of the Capitol.

The law would allow tens of thousands of immigrants living in Oregon without legal permission to get driver's licenses good for four years, half as long as a standard Oregon license. Immigrants and others who don't have documents proving they are in the country lawfully, including elderly and homeless people, could apply for the driver's licenses if they've lived in Oregon for at least a year and meet other requirements.

The restricted driver's licenses could not be used to vote, board a plane or buy a firearm. The licenses would be marked "Driver's Card" to distinguish them from a standard Oregon license.
  Read more about Esquivel files to kill new driver's licence law

A two-hour debate Thursday on issuing state driver’s licenses without proof of legal presence got personal for both sides.

Mariana Alvarez Flores, a Salem farm worker and mother of three, told lawmakers in Spanish through a translator she doesn’t like driving without a license but she currently has no other option.

“In my case, I’m unable to take my children safely to their doctor’s appointments, to school and to the babysitter,” she told lawmakers during a public hearing.

By getting a short-term license, under Senate Bill 833, supporters argued it would create safer roads because these drivers would be required to go through training and purchase automobile insurance.

Some Salem residents and lawmakers disagreed, arguing that the bill only condones illegal behavior and would make the state a magnet for illegal immigrants while doing nothing to increase public safety.

Rep. Kim Thatcher, R-Keizer, shared the story of Craig and Judy Cox, who were hit twice by drunken drivers she said were here illegally. Judy Cox died in the second accident while traveling with her husband between St. Paul and Newburg in 2007.

“I tell you this story not because I think all people without documents are driving around drunk,” Thatcher said. “But I tell you this story because this is an illustration of what can happen when we issue licenses to people who shouldn’t have them.”

While opponents geared the debate toward immigration, proponents — including the Oregon Farm Bureau, the Oregon Restaurant & Lodging Association, the Oregon Commission on Hispanic Affairs and immigration groups — said the bill is merely a matter of public safety.

Applicants would still need to pass the written and driving-skills test and prove their identity, date of birth and residency in Oregon for one year, under Senate Bill 833.

The license, which cannot be used for identification, would last four years.

Sybil Hebb, the director of legislative advocacy of the Oregon Law Center, said the bill would help break down the barriers to poverty by helping low-income people get to work safely.

Victims of domestic violence and the homeless are among people who may not have proof of legal presence, she noted.

Proof of legal presence was required under a 2008 law, which lawmakers passed to comply with the requirements of the federal Real ID Act. The act does allow states to issue other licenses clearly marked as invalid for federal identification purposes.

Other states such as Washington and New Mexico currently issue licenses without proof of legal presence.

The driver’s license bill is not the only legislation that has pitted immigration-rights groups against immigration critics this session. Gov. John Kitzhaber signed into law in April a bill that would allow in-state tuition for students whose parents came to the United States illegally.

Dozens of people signed up to testify on the bill Thursday and the Chairman of the Senate Transportation Committee said after the hearing he’s not sure yet if there will be enough votes to move the legislation to the floor.

“I haven’t polled the committee so I have no knowledge of that. We have a few amendments that we need to discuss and see what’s there,” said Sen. Lee Beyer, D-Eugene.

After the hearing, hundreds of immigration advocates from Causa Oregon gathered outside the Capitol.

“Sí, se puede,” they chanted as they pumped their fists in the air.

Translation: Yes, We Can.

Reporter Peter Wong contributed to this report. Read more about Debate on immigrant licenses gets personal

A bill introduced Tuesday would allow some people without immigration documents to obtain a short-term Oregon driver’s license.

Senate Bill 833 has not been assigned to a committee for a hearing.

The bill would allow the state Driver and Motor Vehicle Services Division to issue licenses without proof of legal presence in the United States if applicants meet all other conditions. Such licenses would be valid for four years, half the standard eight years.

Applicants still would have to prove their identity, date of birth, and residence in Oregon for one year, as well as pass the written and driving-skills tests.

Such licenses could not be used for federal identification purposes, such as boarding commercial aircraft or entering federal buildings.

Lawmakers in 2008 required proof of legal presence in the United States as a condition of obtaining a state license or identification card. They did so to comply with requirements of the federal Real ID Act, which does allow states to issue other licenses if clearly marked as invalid for federal identification purposes.

Eleven months ago, Gov. John Kitzhaber said he would convene a group to resolve the issue of licenses for those who lacked the documents.

“People need to pass a test, obtain a license and insurance to be on the roads. We all need to get to church, the store and work,” said Jeff Stone, executive director of the Oregon Association of Nurseries and part of the group.

“We have worked hard to craft a bill that allows our law enforcement officials to know when they are looking at a valid driver’s license. Senate Bill 833 is a reasonable solution to the problem.”

The bill is expected to face opposition from Oregonians for Immigration Reform.

“Before the 2008 law, Oregon’s license had become the gold standard for potential terrorists and drug traffickers because it was good for eight years and didn’t require any proof of legal presence,” said Jim Ludwick of McMinnville, a spokesman. “Five years later, we are right back in the same place.”

Francisco Lopez, executive director of Causa Oregon immigrant-rights group, said there are about 200,000 Latino workers in Oregon.

“We are contributing members of the community and the economy,” he said.

Washington and New Mexico do not require proof of legal presence for licenses; Washington issues an enhanced license valid for federal purposes. Utah issues a driver privilege card that must be renewed annually.

The bill is sponsored by four Democrats and four Republicans in both chambers.

They are Sens. Chip Shields, D-Portland; Arnie Roblan, D-Coos Bay; Bill Hansell, R-Athena; Chuck Thomsen, R-Hood River, and Reps. Chris Harker, D-Beaverton, Jessica Vega Pederson, D-Portland, Vic Gilliam, R-Silverton, and Mark Johnson, R-Hood River. Read more about Short-term driver's license bill introduced

Footage of the United States Department of Agriculture’s compulsory “Cultural Sensitivity Training” program reveals USDA employees being instructed to refer to the Pilgrims as “illegal aliens” and minorities as “emerging majorities” — at “a huge expense” to taxpayers.

The video clips were made public Thursday evening by the conservative government accountability group Judicial Watch, which obtained them through a Freedom of Information Act (FOIA) request made on May 18, 2012.

The clips star Samuel Betances — a diversity instructor with Souder, Betances and Associates — who says in the video that he got his diversity training start under former Chicago Mayor Richard Daley. In the clips, Betances instructed USDA employees on the proper thinking about diversity and minorities — or, as he called them, “emerging majorities.”

Between requiring the employees to repeat that “every federal agency has discriminated against African-Americans, Hispanics, Native American Indians and other groups,” and a long account of his personal history, Betances encouraged the employees to take note because the presentation is “a huge expense.”

“If you take a look at all of you here and you think about your salaries and your benefits and what you have left undone – plus my fee – plus the expense of the team that’s putting the video together, this is a huge expense,” he says in his video.

In another clip, Betances attempted to dispel the stigma of illegal immigrants by calling the Pilgrims illegal aliens.

“I want you to say that America was founded by outsiders – say that – who are today’s insiders, who are very nervous about today’s outsiders,” he said in the clip.

“I want you to say, ‘The Pilgrims were illegal aliens,’” he continued. “Say, ‘The Pilgrims never gave their passports to the Indians.’”

Throughout the session, Betances had the employees shout “Bam!” to reinforce his points.

Betances also explained in another clip Judicial Watch highlighted — from the more than three-and-a-half hour video — that he does not like the word “minorities.”

“By the way, I don’t like the word ‘minorities.’ How about ‘emerging majorities’?” he said.

At times in the video, Betances poked fun at “white males.”

“White males founded the USDA! Say ‘Thank you, white males.’ I know it got stuck, some of you couldn’t get it out,” he said to laughter. “I understand. Let’s try that again. Go ahead.”

“Notice I’m not saying, ‘Thank you for slavery, or sexism, or what happened to the indigenous Native American folks.’ I’m saying thank you for what? I’m saying, ‘Thank you for establishing the agency in which those of us that are not white males seek to play a larger role,’” Betances said in a faux giddy manner, before explaining that unity begins with gratitude, before turning to grievances. “We’ve got grievances!,” he said. “This institution, like all federal institutions, have not been fair.”

The training videos were supposed to be kept secret: Judicial Watch describes an Oct. 10, 2011 email exchange in which USDA Training Administrator Vincent Loran requested the training video from Betances and promised it will never get out.

“It will not be used for or show [sic] in any way shape or form,” Judicial Watch quotes Loran as writing…

Judicial Watch notes that in 2011 and 2012, USDA paid Betances and his firm nearly $200,000.
  Read more about Confidential, expensive USDA sensitivity training: ‘The Pilgrims were illegal aliens’