The farming industry regularly comes up with a bill to nomalize the status of unauthorized farm workers. Close to 600 farm organizations are backing a House bill aimed at ensuring workforce supply. It includes a provision to normalize legal status – i.e. provide for amnesty. HR 9535, Securing Agriculture’s Workforce Act of 2026 was introduced by Glenn Thompson, a Republican congressman from Pennsylvania. It overhauls the H-2A program for temporary (i.e. seasonal) workers, focused on farm work.
The farm industry says, “While exact numbers are difficult to determine, it is estimated that roughly 70 percent of hired crop workers are foreign-born, with about 40 percent lacking legal work authorization. Unauthorized labor peaked at 55 percent around 2000 but remains a key part of the nation’s farm labor pool.”
I have written about how the H-2A program use has surged in the past ten or so years. (Also here.) It went from 150,000 workers in 2015 to 400,000 workers in 2025. Enrollments now appear to be at the 500,000 level.
What is happening: unauthorized workers in farming have either flattened out or declined, and very few non-immigrant American citizens are going in. Estimates of the size of the paid (i.e. non-family) farm workforce are all over the map – perhaps 1.5 million, 2.2 million on the very high side. This is a heavily labor contractor-run workforce, concentrated in five states. The H-2A program is dominated by labor contractors. (Go here for 2026 California analysis.)
Among the provisions of the bill are 350-day contracts (vs seasonal) and arrangements that could run to three years.
As for normalization of legal status, Section 2 of the bill provides for not a path to citizenship but only legal status in the H-2A program, with no access to public benefits. “Applicants generally would have to demonstrate either that they voluntarily departed the United States or that they were unlawfully present on May 31, 2026, and performed at least 180 days of agricultural work during the previous two years. The waiver would apply only to specified immigration violations that occurred before the worker obtains H-2A status and would not create a new immigration status or a pathway to permanent residence.” (Go here.)