Current Status of Labor Regulations Mike Carlton Director Labor Relations Florida Fruit & Vegetable Association

Executive Action Current Labor Pool H-2A Guest Worker Program Federal Legislation

Presidential Executive Action Deferred Action for Childhood Arrivals (DACA) o Originally: born after 1981 and entered before June 15, o Expanded to: brought into the country as children before January 1, 2010 Deferred Action for Parents (DAP) o Applies to qualified adults who are parents of U.S. citizens or lawful permanent residents (green card) AND WHO…….

Deferred Action for Parents con’t Have a child who, as of Nov. 20, 2014, is a U.S. citizen or has a green card Have continuously lived in the U.S. since before Jan. 1, 2010 Were physically present in the U.S. on Nov, 20, 2014 and at the time they apply Have no lawful status on Nov. 20,2014 Are not an enforcement priority Present no other factor that, in the exercise of discretion, makes the grant of Deferred Action inappropriate

Deferred Action for Parents con’t To participate the parents must:  Come forward and register  Submit biometric data  Pass background checks  Pay fees  Prove their child was born before the date of the announcement (Nov. 20, 2014)

Deferred Action for Parents Employer Concerns Don’t Ask, Don’t Tell – employees should not inform you that they are applying for deferred action; and you should not ask if they are applying. Puts you in the position of ‘knowingly hiring’. Don’t Ask why they may be asking for copies of employment records (see above) Employee provides new I-9 documents – attach to previous file with notation of reason I-9 Audit – do not terminate until finding out if employee has pending deferred action. Then ask DHS for an extension in writing before making a termination decision until after deferred action process. DHS and DOJ expect to provide guidance within 180 days

Florida H-2A Statistics , , , , ,544

Immigration Legislation