A group of lawmakers have sent a letter to the Department of Homeland Security, opposing the Department’s final rule when  it comes travel restrictions into the U.S. The 12 lawmakers, led by Dan Newhouse, chair of the Western Congressional Caucus, told DHS Secretary Alejandro Mayorkas that the rule could have serious ramifications the farming industry, the nation’s food supply as well as rural economies.

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“The rule by DHS threatens to delay the arrival of some employees in an industry where even a few days delay in performing critical time-sensitive tasks can affect the size and quality of the crop," the letter states. "At worst, this rule will prevent these employees from being able to travel to the U.S. to work at all this season.

“We have concerns this rule, without certain modifications, could unintentionally add to our current labor and supply chain issues," the letter continued. "Over the last several weeks, the agricultural industry that utilizes the H-2A visa program has requested similar flexibilities from previous years by allowing H-2A visa holders entry on the conditions they would receive a COVID-19 vaccine upon arrival.”

"We request that you provide H-2A employers with the flexibility to vaccinate employees upon arrival and work with industry to offer vaccination clinics at U.S. embassies and consular offices in the employee’s home country. We ask that you continue working with the agricultural industry to work through these concerns as promptly as possible. Any more delays could potentially have severe implications on food supply systems and rural economies.”

Those that signed the bipartisan letter include:

Dan Newhouse (R-WA), Suzan DelBene (D-WA), Russ Fulcher (R-ID), Michael Simpson (R-ID), Kurt Schrader (D-OR), Cliff Bentz (R-OR), Peter Meijer (R-MI), Bill Huizenga (R-MI), John Katko (R-NY), Chris Jacobs (R-NY), Fred Upton (R-MI), and Tom Rice (R-SC).

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“Farmers and ranchers share the goal of ensuring the health and safety of America’s families," said American Farm Bureau Federation President Zippy Duvall. "We also have a responsibility to put food on the tables of those same families. We are extremely concerned that the Department of Homeland Security’s decision to require essential workers be vaccinated before entering the United States will limit agriculture’s ability to grow safe and nutritious food. Without a robust and stable workforce, crops could also be left rotting in the fields. DHS failed to provide proper notice of the mandate, which gives farmers, ranchers and agriculture suppliers no time to prepare. Farmworkers and truck drivers provide critical skills and have been designated as essential by the Cybersecurity and Infrastructure Security Agency. Further limiting the available workforce will exacerbate existing supply chain issues as families face rising prices and fewer options at the grocery store."

“Protecting our workforce from COVID-19 is a top priority, which is why our company worked with the Yakima County Health District to provide an on-site clinic for our workers – both H-2A and non-H-2A – to get vaccinated last summer," said Kristin Kershaw Snapp of Yakima, WA- based Domex Superfresh Growers. "While I am pleased that many of these workers will be returning to work on our farm this year, we are very concerned about the impact this requirement will have on the ability to bring in first-time workers that have not yet had the opportunity to be vaccinated. As a U.S. privately-owned farm, we have no control over Mexican citizens’ access to U.S.-approved COVID-19 vaccines in Mexico, and we greatly appreciate Representative Newhouse’s efforts to advocate for the flexibility to provide our H-2A workers with a vaccine upon arrival in the United States. Absent immediate action to provide this flexibility, we need help from the federal government to provide H-2A workers with the opportunity to obtain a U.S.-approved vaccine in Mexico. Otherwise, we will face significant disruptions in accessing the labor force we need to grow and harvest our crop,”

“Apple Growers made a big push to get workers vaccinated last season," said USApple Chairman Chris Alpers, a Michigan apple grower. "We want our workers to be vaccinated for their safety and the safety of our communities. I expect to have at least ten new workers this year and I don’t know whether they will be able to secure an approved vaccine in Mexico. If we don’t have the right number of workers at the precise time, the crop will go unharvested. It’s frustrating as a grower to think that I could do everything right in terms of caring for my orchards, securing a legal workforce, arranging storage and sales of that crop, all to be derailed by insufficient labor."

“The National Council of Agricultural Employers is very concerned regarding this regulation from DHS," said National Council of Agricultural Employers President and CEO Michael Marsh. "Even though agricultural employers worked with the CDC and the National Center for Farmworker Health to vaccinate thousands of workers around the country last season, not all were vaccinated. And, with the anticipated growth in this year's H-2A program and the proliferation of non-CDC approved vaccines available in countries that provide temporary workers, this action will doubtless exacerbate supply chain infirmities and imperil America's ability to emerge from the pandemic and feed our nation. NCAE applauds Congressman Newhouse's leadership on this critical issue at this critical juncture in America's recovery."

Click Here to read the full letter.

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