Congressman Derrick Van Orden Introduces Bill to Create Legal Process for Undocumented Agricultural Workers

Strategic Insights -

Congressman Derrick Van Orden (WI-03) has introduced the Agriculture Reform Act of 2025, a bill aimed at creating a legal process for undocumented agricultural workers to transition to legal employment status in the United States. The bill does not provide a pathway to citizenship or amnesty but rather offers a structured and enforceable opportunity for workers to secure legal employment through voluntary departure and lawful reentry. Rep. Van Orden stated that the bill addresses the mass influx of illegal aliens created by the Biden administration's open border policies and the critical workforce needs of the agricultural industry.

Key Takeaways:

  • The Agriculture Reform Act of 2025 will allow certain agricultural workers who are currently inadmissible or removable under immigration law to voluntarily deport, pay a fine, and reenter the U.S. as a temporary agricultural worker.
  • The bill requires workers to pay a fee determined by the Secretary of Labor and employers to pay a fee as set by regulation.
  • The employer may stagger the self-deportation of undocumented workers to prevent labor shortages.
  • Workers must remain outside the U.S. for at least 30 days after self-deportation or removal before returning to the United States.
  • Workers returning under this program must not have unlawfully received public benefits and meet eligibility as a "covered alien."
  • Employers are protected from legal liability under INA SS274A for employing covered aliens, and covered aliens are immune from prosecution under INA SSSS275 and 276 for prior unlawful entry/removal actions.
  • Grounds under INA SSSS212(a)(6), (7), and (9), and SS237(a)(1)(A-C) and (3) are waived during the "covered period."

Statistics:

  • Workers who are eligible under this program must have previously worked in agricultural labor in the U.S. since January 1, 2020.
  • Workers must pay a fee to participate in the program, and the employer must also pay a fee as set by regulation.
  • The program contemplates employer flexibility in staggering the departure of undocumented workers to prevent labor shortages.
  • Workers must remain outside the U.S. for at least 30 days after self-deportation or removal before returning to the United States.

Sources:

  • [Source 1] Congressman Derrick Van Orden (Press Release), "Van Orden Introduces Ag Workforce Reform Bill," (2023 no date provided)