Neera Tanden Remarks to the United Farm Workers 22nd Constitutional Convention

As Prepared for Delivery:

Thank you so much, President Romero, for that introduction, and for your incredible leadership on behalf of our nation’s farmworkers.

And to the dedicated organizers and workers in this room—it’s an honor to be here with you today. America is a better, stronger country because of your efforts both on and off the farm. Every worker in this room is an organizer. And championing the work of farmworkers is in the DNA of the Biden-Harris Administration.

President Biden proudly keeps a bust of César Chávez in the Oval Office. And the President appointed César Chávez’s granddaughter, Julie Chávez Rodriguez, to lead his Intergovernmental Affairs team.

And he is just as proud to have advanced critical policies to protect farmworkers. To empower workers. To fight for unions. And to hold employers accountable.

It’s a daily reminder of this Administration’s commitment to workers and unions. Of La Causa—ensuring every worker has dignity, respect, and a fair shot at the American Dream.

Unfortunately, for too long, farmworkers have been squeezed by corporate interests.

Which can lead to tragic outcomes.

In 2008, Maria Isabel Vasquez Jimenez had just arrived in California from Mexico, hoping to make things better for herself and her family. Yet, on a 95-degree day, for hours on end, she worked in the fields, without access to water. There was no shade. And workers had not been trained to respond to health issues prompted by the debilitating heat. And so, when Maria collapsed, no one called 911. And Maria passed away a couple of days later. She was just 17 years old.

In 2008, then-UFW president Arturo Rodriguez had the somber task of speaking at Maria’s funeral. He asked an important question: “[H]ow do we, the living, affirm that Maria’s life was important and that she didn’t die in vain?”

The answer to that question lies with all of us. Maria’s death was not inevitable. It was the tragic outcome of a deeply flawed system that failed to protect her.

That is especially true when it comes to extreme heat—the number one weather-related killer in the U.S.

Extreme heat is particularly dangerous in rural locations where so many farmworkers are—where they might be in the fields on their own and where the nearest hospital might be hours away.

But thanks in large part to UFW’s leadership, California became the first state to pass heat protection standards for workers.

And Vice President Harris carried that work from California, to the United States Senate, and now to the White House.

As Senator, Vice President Harris introduced the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act—named in honor of another dedicated farmworker who died of heat stroke after picking grapes for 10 hours straight.

That bill would require the Occupational Safety and Health Administration to establish enforceable federal standards to protect workers against exposure to excessive heat. It also would require employers to train their employees on the risk factors for heat illness and procedures for responding to symptoms.

I thank Senator Padilla for leading that bill in the Senate today and for his enduring dedication to this issue. UFW, your work paved the way.

But we can’t wait for Congress to act. And so, in July, the U.S. Department of Labor proposed the first-ever federal heat safety standard.

Which would protect over 36 million workers nationwide: farmworkers, construction workers, warehouse workers, and many others.

Like California’s law, the DOL rule proposes common-sense protections:

Workers must have access to water, shade, and paid breaks.

Employers must have a plan—and supervisors and workers must receive training on that plan.

The President is doing this because he knows that extreme heat can be deadly. And that farmworkers and others are literally putting their lives on the line to put food on America’s tables.

Simply put, this rule would save lives.

President Biden and Vice President Harris have also worked hard to create the most pro-worker, pro-union Administration in history.

The President and Vice President believe all workers should have the free and fair choice to join a union. The right to bargain collectively for better pay and working conditions.

And this President has literally walked the walk—when he became the first sitting president to walk a picket line.

President Biden also launched the Task Force for Worker Organizing and Empowerment—led by Vice President Harris and the Secretary of Labor.

This task force has delivered over 70 actions to promote worker organizing and collective bargaining, including updating prevailing wage levels.

And the President is proud to have stood by UFW in championing efforts to increase opportunities for workers to join unions. He issued a statement in support of California’s Agricultural Labor Relations Voting Choice Act.

This law provided more options for farmworkers to vote in their union elections.

UFW’s advocacy was essential to bringing this bill over the finish line. Farmworkers walked 335 miles in the heat to get it signed. Thank you.

We also recognize that when some workers are vulnerable to exploitation and abuse, all workers suffer.  

That is why this Administration has prioritized rulemaking to advance significant reforms to temporary guest worker programs.

That includes the H-2A temporary visa program.

Last April, the Department of Labor finalized its Farmworker Protection Rule, designed to ensure that H-2A workers are treated fairly, have a voice on the job, and can perform their work safely.

For example:

• The rule protects against employer retaliation when workers engage in protected organizing activities or refuse to attend employers’ anti-union “captive audience” meetings.

• It prohibits employers from confiscating workers’ passport or other key documents.
• And it improves employer accountability, by barring employers that violate the rules from participating in the H-2A program.

The Farmworker Protection Rule is just one of several rules aimed at improving the H-2 programs.

This includes the Department of Labor rule that will raise wages for farmworkers, and the proposed Department of Homeland Security (DHS) rule that will increase H-2 program integrity and enhance worker portability.

President Biden and Vice President Harris are doing everything they can to defend these actions and continue to make progress for farmworkers.

Pushing back against Congressional Republicans who tried to roll these rules back.

Defending these rules against attacks in politicized courts that are focused on stopping progress for workers.

And we will continue to fight until all farmworkers earn fair wages in safe and humane environments.

This fight extends to undocumented farmworkers.

We all know that it is far past time for Congress to take action. To provide protections and a pathway to citizenship for our nation’s farmworkers.

And we commend UFW for your critical work pushing for comprehensive immigration reform, as well as more targeted approaches like the bipartisan compromise: the Farm Workforce Modernization Act.

We stand ready to work with Congress to make immigration reform a reality: so that workers have the peace of mind and protections that come with lawful status. 

Meanwhile, the Biden-Harris Administration is working to protect noncitizen workers who are victims of, or witnesses to, labor violations.

Workers are often afraid to report workplace violations because they fear retaliation.

That is why DHS implemented a streamlined process for these workers to request deferred action for up to four years.

We know that protecting the most vulnerable workers—including noncitizen workers—helps improve working conditions for all workers.

And we are so grateful to UFW and other labor organizations for helping spread the word.

I’m proud of the work this Administration has done to strengthen wages. Improve working conditions. And champion bargaining rights for farmworkers. And I thank UFW for your support along the way.

But we know our work isn’t done.

Now, the question isn’t whether we move forward or stay still. It’s whether we move forward or go backward.

The answer is simple—we must move forward:

• We must have a pathway to citizenship for undocumented farmworkers, such as the one provided in the Farm Workforce Modernization Act.
• We must extend full collective bargaining rights to farmworkers to ensure every worker can be an organizer.
• We must finalize a federal heat standard so farmworkers in every state are protected—and employers are held accountable.
• And so much more.

I’m eager to get started on our next chapter.

Thank you. With that, I’ll turn it back over to you, President Romero.