H.R.1891 - Moving H–2A to United States Department of Agriculture Act of 2025 (119th Congress)
Summary
H.R.1891, the "Moving H-2A to United States Department of Agriculture Act of 2025," proposes to transfer the administration of the H-2A visa program from the Department of Labor to the Department of Agriculture. This transfer also shifts certain responsibilities related to immigration enforcement to the Department of Homeland Security.
The bill aims to consolidate the H-2A program's oversight within the USDA, presumably to streamline processes related to agricultural labor. The effective date for these changes is set 60 days after the bill's enactment.
Expected Effects
If enacted, H.R.1891 would change the governmental department responsible for managing the H-2A visa program. The Department of Agriculture would then oversee the program, including personnel and funding.
This could lead to changes in how the program is administered, potentially affecting agricultural employers and foreign workers. The shift to the Department of Homeland Security could also impact immigration enforcement related to the program.
Potential Benefits
- Streamlined administration of the H-2A program by placing it under the agency most closely aligned with agricultural needs.
- Potential for increased efficiency in processing H-2A visa applications due to the USDA's expertise in agriculture.
- Better alignment of agricultural labor policy with broader agricultural policy goals.
- Possible reduction in bureaucratic overlap between the Departments of Labor and Agriculture.
- Could lead to more responsive policies that better address the needs of agricultural employers.
Most Benefited Areas:
Potential Disadvantages
- Potential disruption during the transfer of program administration from the Department of Labor to the Department of Agriculture.
- Risk of decreased worker protections if the Department of Agriculture prioritizes employer needs over worker rights.
- Possible lack of expertise within the Department of Agriculture regarding labor law and worker protections.
- Could lead to increased immigration enforcement and potential negative impacts on foreign workers.
- Uncertainty regarding the long-term effects of the transfer on program effectiveness and stakeholder satisfaction.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the constitutional principle of separation of powers, as it involves Congress making laws to organize the executive branch (Article I, Section 8). The bill does not appear to infringe on individual rights or liberties protected by the Constitution or its amendments.
However, the constitutionality of the bill depends on whether the changes are implemented in a way that respects due process and equal protection under the law (Amendments V and XIV). The transfer of responsibilities must not violate any constitutional rights of workers or employers involved in the H-2A program.
Ultimately, the bill's constitutionality will depend on its implementation and whether it adheres to constitutional principles of fairness, due process, and equal protection.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).