A group of nearly 50 House Republicans is pushing legislation that would grant de facto amnesty to illegal alien farm workers who were unlawfully present in the United States as of May 31, 2026.
A de facto amnesty means people who broke the law are effectively allowed to stay or avoid punishment, even though the government has not officially declared an amnesty.
s(R-PA), chairman of the House Agriculture Committee, introduced H.R. 9535, the “Securing Agriculture’s Workforce Act of 2026,” on June 30.
There are 53 total cosponsors: 49 Republicans and 4 Democrats, and it is currently sitting in the House Judiciary Committee.
Democrat Cosponsors (4)
- Donald G. Davis (NC-1)
- Vicente Gonzalez (TX-34)
- Maggie Goodlander (NH-2)
- Josh Riley (NY-19)
Republican Cosponsors (49)
- Rick W. Allen (GA-12)
- Don Bacon (NE-2)
- James R. Baird (IN-4)
- Cliff Bentz (OR-2)
- Mike Bost (IL-12)
- Monica De La Cruz (TX-15)
- Troy Downing (MT-2)
- Chuck Edwards (NC-11)
- Gabe Evans (CO-8)
- Julie Fedorchak (ND-At Large)
- Randy Feenstra (IA-4)
- Brad Finstad (MN-1)
- Michelle Fischbach (MN-7)
- Charles J. “Chuck” Fleischmann (TN-3)
- Mike Flood (NE-1)
- Brett Guthrie (KY-2)
- Bill Huizenga (MI-4)
- Brian Jack (GA-3)
- Mike Kelly (PA-16)
- Trent Kelly (MS-1)
- David Kustoff (TN-8)
- Darin LaHood (IL-16)
- Nicholas A. Langworthy (NY-23)
- Laurel M. Lee (FL-15)
- Celeste Maloy (UT-2)
- Michael T. McCaul (TX-10)
- Mark B. Messmer (IN-8)
- Daniel Meuser (PA-9)
- Mariannette Miller-Meeks (IA-1)
- John R. Moolenaar (MI-2)
- Tim Moore (NC-14)
- Dan Newhouse (WA-4)
- Mike D. Rogers (AL-3)
- David Rouzer (NC-7)
- Maria Elvira Salazar (FL-27)
- Austin Scott (GA-8)
- Pete Sessions (TX-17)
- Michael K. Simpson (ID-2)
- Lloyd Smucker (PA-11)
- David J. Taylor (OH-2)
- Claudia Tenney (NY-24)
- David G. Valadao (CA-22)
- Jefferson Van Drew (NJ-2)
- Derrick Van Orden (WI-3)
- Joe Wilson (SC-2)
- Robert J. Wittman (VA-1)
- Ryan K. Zinke (MT-1)
The most controversial section would allow illegal aliens already living in the United States to obtain H-2A agricultural worker status by waiving multiple grounds of inadmissibility and deportability.
Specifically, the bill provides waivers for certain immigration violations committed before an alien receives H-2A status, provided they otherwise qualify.
To qualify, an applicant must have either voluntarily departed the United States or have been unlawfully present in the country on May 31, 2026, while having performed agricultural labor for at least 5.75 hours per day during at least 180 days over the previous two years.
This amounts to a legalization program for illegal alien farm workers already inside the country.
The legislation also protects employers from certain civil and criminal liability related to previously employing unauthorized workers if those workers apply for H-2A status under the bill.
Employment records submitted to establish eligibility generally could not be used against employers in enforcement actions for prior unlawful employment, except in cases involving fraudulent records.
Beyond the legalization provisions, the legislation would significantly overhaul the H-2A agricultural guest worker program.
Among its provisions, the bill would:
- Allow labor certifications lasting up to three consecutive years.
- Permit staggered entry and exit dates for H-2A workers.
- Allow H-2A workers to transfer to another qualifying agricultural employer before final approval of a new petition.
- Create a streamlined online platform for processing H-2A applications across multiple federal agencies.
All amendments made by the bill would take effect one year after the date of enactment. The legislation also authorizes federal agencies to issue interim final rules during that one-year implementation period to prepare for the changes.
The proposal is expected to divide Republicans, particularly as President Donald Trump has repeatedly vowed to carry out the largest deportation operation in American history and reject any form of amnesty for illegal aliens.
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