COVID vaccination mandate expected to restrict H-2A worker travel
A new Department of Homeland Security (DHS) COVID-19 vaccine mandate, scheduled to take effect Jan. 22, is expected to severely restrict the travel of an estimated 12,000 H-2A seasonal guest workers to Michigan in 2022.
DHS announced the restrictions on Jan. 20, requiring non-U.S. individuals seeking to enter the U.S. via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccinations.
These new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals, according to DHS Secretary Alejandro N. Mayorkas.
“These updated travel requirements reflect the Biden-Harris Administration’s commitment to protecting public health while safely facilitating the cross-border trade and travel that is critical to our economy,” Mayorkas said.
While the vaccination requirements may sound good in theory, according to Sarah Black, general manager of Great Lakes Ag Labor Services (GLALS), an ag labor agency for MFB members focused on H-2A seasonal visas, the reality of the DHS mandate is problematic on a number of fronts.
“Unlike previous COVID-related restrictions, this DHS requirement doesn’t provide exemptions for ‘essential workers’ which traditionally included guest workers utilized on our farms and throughout the food chain that help get food to your table,” said Black. She noted that several farm operations in Michigan have workers scheduled to begin arriving within the next two weeks.
Additionally, the mandate requires proof of a “CDC-approved COVID-19 vaccination, as outlined on the CDC website,” meaning guest workers would need either a single- or two-dose series of approved vaccines before travel.
“Unfortunately, the vaccines on the approved list are not readily available throughout Mexico, and it’s not as easy to get them because the Mexican government administers the COVID vaccinations in that country,” said Black, adding that the vaccination rate in Mexico is currently estimated to be running 50 percent.
Even in a best-case scenario, assuming the CDC-approved vaccines were available in Mexico, Black said CDC-accepted vaccination protocols require a minimum of two weeks after the single- or two-dose vaccination for entry, leading to an additional four-week delay for guest workers once they receive a CDC-approved vaccine.
The DHS requirement also signals a major reversal within the Biden administration, which just lifted travel restrictions on H-2A workers from South Africa on Jan. 6 due to concerns over the COVID-19 omicron variant.
At that time, the American Farm Bureau Federation and other ag groups had called on DHS to allow for “National Interest Exceptions” to H-2A workers coming to the U.S. as an exception to the restrictions.
“Considering the severe supply chain disruptions taking place, losing access to key employees who originate from these countries because of travel restrictions would further limit agriculture's ability to grow safe and nutritious food,” AFBF stated.
According to Black, fiscal year 2021 (Oct. 1, 2020-Sept. 30, 2021) was a record year nationwide for the H-2A program, with 317,619 total positions certified by the Department of Labor, a 15.3 percent increase relative to 2020.
Michigan ranked seventh in overall H-2A positions certified in FY 2021 with 11,376 — a 3.6% increase from previous year figures.
“The continued growth in the use of the H-2A program just illustrates that a lack of available, reliable and qualified labor continues to be the number one concern for many farms today,” Black said.
“It also demonstrates how this DHS requirement will severely exacerbate an already extremely short labor situation in the entire food supply chain. The impact to consumers at the grocery store will be significant.”