Meat + Poultry - June 2006 - 57

Labor

May Day aftermath

MEAT&POULTRY

June 2006

immigrant would have to register with
the U.S. Dept. of Homeland Security
within six months of arrival to the United States. In addition, undocumented
workers, who arrived prior to Jan. 7,
200, and have been actively employed
in the United States, could qualify for
the "earned path to citizenship." Undocumented workers who do not fit this
category would be directed to apply for
"temporary worker" status with the federal government.

Associated Press photo

May Day, "A Day Without Immigrants,"
has come and gone. But what's in store
for the future of immigration reform,
and how will the political machinery in
D.C. impact the meat industry?
Reports estimate that millions of people gathered for the May Day marches
across the country. Few companies in
the industry did not have to deal with
the challenges of operating with a skeleton crew, and many plants closed their
operations for the day. Now that the
demonstrations have taken place, meat
industry operators should keep an eye
on immigration reform issues, and how
the legislation might impact companies that are dependent on immigrant
workers.
March organizers claimed the organized rallies served a dual purpose. First,
they were a symbolic gesture to raise
public awareness to the state of immigration and the fight over reform at the
Capitol. In addition, they demonstrated
the system's dependence on the immigrant labor force and its impact on the
national economy.
Immigration reform was at the heart
of the May Day marches. This past
December, the U.S. House of Representatives passed a stringent immigration bill, called the Border Protection,
Antiterrorism and Illegal Immigration
Control Act of 2005. The bill states that
the presence of illegal aliens is a felony
and that they must be deported. Also,
it would require an electronic employment eligibility system be implemented
and that every employer be required to
use this system. Noncompliant companies would face harsh sanctions.
In response to the House bill, the U.S.
Senate drafted a more business-friendly
version for consideration. In addition to
striking the felony mandate proposed
by the House, the Senate compromise
offers an out for undocumented workers currently in the country. The proposed legislation states that an illegal

By Richard Alaniz
meat&poultry@sosland.com

Major changes in U.S.
immigration policy have
not been seen for more
than 20 years.
However, the wheels move slowly in
Washington, and the Senate is still debating its compromise bill. On the other
side are moderate Republicans as well
as Democrats lobbying the Senate's
version of immigration reform law. It is
important to note that major changes in
U.S. immigration policy have not been
seen for more than 20 years.
So how do these political and social
wranglings impact the meat industry?
Meat industry representatives are not

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in favor of immigration reform as outlined in the House bill. In an interview
with Reuters, Dave Ray, spokesman for
the American Meat Institute, Washington, said, "To find and deport workers
who are in the country right now would
throw a wrench into the economy of the
United States." He added, "Food [is]
so cheap in the United States because
we do things efficiently - and if you
wiped out that efficiency by creating
an unnecessary labor shortage, it essentially will foist a high food price on
to consumers."
Further illustrating possible negative effects, the American Farm Bureau Federation concluded in a recent
study that a crackdown on illegal immigrant labor could cause production
losses in U.S. agriculture to the tune of
$12 billion in the first four years after
it is passed.
So what do meat and poultry processors do during the interim? The answer
is threefold:
1. Stay compliant with current legislation governing the workforce. Make
sure that you are in line with the immigration requirements required by
law. The Immigration and Customs
Enforcement Agency is seeking to
make examples of a few companies,
so the many will remain vigilant.
2. Be accurate in your hiring practices. Review I-9 forms for any
discrepancies.
3. Remain diligent and document
everything. Create a paper trail to
ensure each employee is eligible to
work.
Richard Alaniz is a partner in the
Houston law firm of Alaniz and
Schraeder LLP. Legal topics provide
general information and not specific
advice.
We would like to hear from you-your comments and
questions about this article are welcome. E-mail the author
at: meat&poultry@sosland.com

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Meat + Poultry - June 2006

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