USDA Final Rule on Agricultural Workers
[Rules and Regulations]
[Page 2659]
[[Page 2659]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1d
RIN 0503-AA14
Expiration of the Special Agricultural Worker Program
AGENCY: Office of the Secretary, United States Department of Agriculture.
ACTION: Final rule.
SUMMARY: This final rule removes the regulations of the United States Department of Agriculture (USDA) relating to special agricultural workers (SAWs) under section 210 of the Immigration and Nationality Act (INA), as added by section 302 of the Immigration Reform and Control Act of 1986 (IRCA). Specifically, this final rule removes the USDA regulations pertaining to the SAW program as the program expired on December 1, 1988.
EFFECTIVE DATE: February 28, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Al French, USDA, Telephone (202) 720-4737, Internet: alfrench@usda.gov.
SUPPLEMENTARY INFORMATION: The INA was amended by the IRCA (8 U.S.C. 1160) to (1) control illegal immigration into the United States and (2) make limited changes in the system for legal immigration. There was concern during consideration of the IRCA that employers in seasonal agricultural services (SAS), who had come to rely on unauthorized aliens to perform field work, would be unable to obtain sufficient legal workers to satisfy their needs.
To address this concern, the IRCA added section 210 to the INA to establish a program that granted temporary resident alien status to SAWs who could demonstrate that they performed SAS for at least 90 man- days during the 12-month period ending May 1, 1986. The definition of SAS is contained in regulations promulgated by the Secretary of Agriculture at 7 CFR Part 1d and defined the fruits, the vegetables, and the other perishable commodities in which field work related to planting, cultural practices, cultivating, growing, and harvesting would be considered SAS.
As the statutory authority for the SAW program has expired and Congress has given no indication that the program will be reauthorized, USDA believes that it is appropriate to remove the implementing regulations.
This regulatory action is being taken as part of the National Performance Review program to eliminate unnecessary regulations and improve those that remain in force.
List of Subjects in 7 CFR Part 1d
Agriculture, Aliens, Immigration, Labor, Migrant workers, Rural labor.
PART 1d--[REMOVED]
Accordingly, under the authority of 8 U.S.C. 1160, Part 1d of title 7, subtitle A, of the Code of Federal Regulations is removed.
Done at Washington, DC, this 19th day of January, 1996.
Keith J. Collins,Chief Economist.
[FR Doc. 96-1293 Filed 1-26-96; 8:45 am]
BILLING CODE 3410-01-M