Strengthening Immigration Support for Agricultural Labor Migration and Ending Modern Day "Harvest of Shame" A Comparative Study of the American and Australian Approaches

Abstract

<p>Both the United States and Australia rely extensively on migrant farmworkers, specifically those without lawful working permits, to meet their labor demands. This excessive dependence sparks debate over the effectiveness of immigration policies in safeguarding access to, and the sustainability of, the agricultural workforce. It also raises human rights concerns as migrant farmworkers often face a myriad of dangers and injustices on the job. In particular, undocumented farmworkers remain largely marginalized and exploited, but they are not entitled to full rights under the law, and they are reluctant to speak up against abusive labor practices due to their immigration status and the fear of detention and deportation.</p> <p>This Article aims to identify feasible immigration solutions for the United States and Australia to strengthen their short-term and long-term agricultural workforce, and to uphold migrant farmworkers' rights. Part II of the Article reveals migrant farmworkers' silent struggle and discusses the importance of agricultural labor reform. Part III and Part IV compare the two immigration systems and their respective responses to the workforce and human rights issues associated with the use of migrant farmworkers. The comparison primarily focuses on the H-2A visa program and the 2021 agricultural labor bill in the United States, as well as the temporary visa schemes and the amnesty proposal in Australia. The Article acknowledges the merits of the two immigration systems, but argues that weaknesses prevail in some aspects. The United States and Australia should look at each other's practices and re-align their immigration policies so that they both create effective immigration systems that ensure the short-term and long-term agricultural workforce, and protect migrant farmworkers' human rights. A brief conclusion re-emphasizes the importance of agricultural labor reform and highlights remaining concerns regarding the reform.</p>