Van Orden Introduces Bill to Restore Integrity in Agriculture Immigrant Workforce System

WASHINGTON, D.C. – Today, Congressman Derrick Van Orden (WI-03) introduced a bill to establish a legal process for undocumented agricultural workers to transition to legal employment status. The Agriculture Reform Act of 2025 will allow certain agricultural workers who are currently inadmissible or removable under immigration law to voluntarily deport, pay a fine, and reenter the U.S. as a temporary agricultural worker after specific requirements are satisfied.

The Agriculture Reform Act of 2025 is not a pathway to citizenship or amnesty. Rather, the bill creates a structured and enforceable opportunity for undocumented agricultural workers to secure legal employment through voluntary departure and lawful reentry.

“This bill is a real solution to addressing the mass influx of illegal aliens created by the Biden administration’s open border policies, while also addressing the critical workforce needs of our agricultural industry,” said Rep. Van Orden. “For those willing to follow the law and return to the U.S. the right way, it offers a legal pathway to a legal job. Our farmers cannot function without a stable workforce, and my bill will help stabilize the agricultural workforce without granting amnesty or citizenship.”

The process for outlined in Rep. Van Orden’s bill is as follows:

1. Self-Report

A "covered alien"—an individual who previously worked in agricultural labor in the U.S. since January 1, 2020—must voluntarily depart from the United States or have already been removed prior to the bill’s enactment.

2. Worker Pays Fine

To participate in the program, the worker must pay a fee of an amount determined appropriate by the Secretary of Labor.

3. Employer Pays Fine

The employer petitioning on behalf of the alien must also pay a fee as set by regulation.

4. Employer May Stagger Self-Deportation

The bill contemplates employer flexibility in staggering the departure of undocumented workers to prevent labor shortages.

5. Worker Must Remain in Home Country for 30 Days

After self-deportation or removal, the worker must remain outside the U.S. for at least 30 days before returning to the United States.

6. Worker Can Return as a temporary agricultural worker

Following the 30-day waiting period, the worker may re-enter the U.S. legally as a temporary agricultural worker, provided:

• The individual has not unlawfully received public benefits.
• The proper fees are paid.
• They meet eligibility as a “covered alien.”

Additional Provisions

• Immunity from Prosecution:
  • Employers are protected from legal liability under INA §274A for employing covered aliens.
  • Covered aliens are immune from prosecution under INA §§275 and 276 for prior unlawful entry/removal actions.
• Waiver of Inadmissibility/Removability:
  • Grounds under INA §§212(a)(6), (7), and (9), and §237(a)(1)(A–C) and (3) are waived during the "covered period."

Read the full bill text here.

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