By Philip Kellerman

The immigration bill in front of Congress is gasping for dear life. As an advocate for migrant farmworkers, I would like to provide a grass-roots perspective surrounding the estimated 12 million undocumented individuals and the proposed guest worker program.

I have heard people say undocumented persons should get in line to apply for citizenship. For the majority of undocumented persons who came to the U.S. after 1996, especially indigent ones from Latin America and Mexico, there is no line to queue up. Without a work permit, political asylum or other type of visa, these individuals have little recourse toward citizenship.

The bill provides amnesty and a path to citizenship for undocumented persons living in the U.S. However, it would be an extremely arduous and punitive venture. Undocumented persons would be granted a "Z" permit to work, but adjusting their status would take up to 13 years including $5,000 fines per person. In addition, there is a requirement that the head of each household return to his or her country to apply for a green card, which could take a very long period of time. Families would be broken apart. I do not believe many undocumented persons would be able to adjust their status under this provision.

The proposed guest-worker program is unduly harsh on the workers and the businesses that wish to employ them. It would allow immigrant workers to come and work for two years and then have to return home for a year before being allowed back in for another two-year work stint. After this final work period, they would then be required to go back home. Most businesses need a loyal work force, and this proposal would not fit their needs.

Are undocumented persons a drain on the U.S. economy? Both sides have valid arguments, and I believe the truth lies somewhere in the middle. Undocumented children have a right to a free public education. The majority of undocumented persons have no health insurance, and taxpayers pick up the tab for education and emergency room visits. However, billions of dollars have been contributed to our pension system from payroll taxes of undocumented workers using false security cards. They will never see a dime of their money. To top it off, many folks are unaware the IRS allows undocumented workers to pay taxes.

One aspect of the bill I support vigorously is the Dream Act, which allows undocumented children to pursue post-secondary education and to adjust their status once they graduate. Unfortunately, these students would still not be eligible for federal or state aid and in most cases would pay out-of-state tuition. Many undocumented students are extremely bright and would make great employees. The Dream Act affords them a path to citizenship.

I have heard from many growers and other businesspeople that they cannot find enough citizen labor, and they admit to hiring immigrants, mainly Hispanics, to get the work done. A cucumber grower in Michigan told me that if the state raises its minimum wage to $7.15 an hour, she would be hard pressed to pay that rate. The profit margin is so slim operating a medium-sized farm that she can only pay as low a wage as possible, thereby necessitating the hiring of immigrant farmworkers.

Many Americans have a contradictory attitude concerning immigration. They realize immigrant workers fill employment needs and spend money locally, but they do not like the immigrants themselves. When I hear people complain immigrant workers do not want to learn English, I remind them of the many immigrants who take English classes at night after a long day of work.

The millions of undocumented workers are here to stay because it would be impossible to deport them all. The sad truth is that lots of businesses and people profit off their vulnerability, from the coyotes who bring the workers here, to the landlords who cram 10 or more into a rental, to those who beat up and rob undocumented workers because they cannot open up bank accounts to safely store their hard-earned money, to the private prisons opening up detention facilities.

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I do not believe the bill adequately provides a realistic path to citizenship nor addresses the needs of businesses for guest workers. If it goes down, I hope a fairer bill is developed and passed in the near future.

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Philip Kellerman is president of the Harvest of Hope Foundation, based in Gainesville, Florida. The Foundation was established in 1997 in Oneonta and provides financial aid to migrant farmworkers and families across the country.