By Rebecca Smith, MVLA Contributor, March 3, 2025
HB 297, the “Idaho Guest Worker Program Act,” seeks to create a state-administered guest worker program to address agricultural labor shortages, particularly in the dairy industry. However, this legislation directly conflicts with federal immigration law and the U.S. Constitution’s Supremacy Clause, which establishes that immigration policy is the sole responsibility of the federal government.
The bill attempts to grant work permits to non-citizens without federal authorization, violating 8 U.S.C. § 1324a, which prohibits employers from hiring individuals without proper work authorization from the U.S. Citizenship and Immigration Services (USCIS). If Idaho enacts this program, it could face legal challenges similar to those that struck down Arizona and Alabama’s immigration laws. Additionally, employers who hire workers under Idaho’s permits could be subject to federal penalties and enforcement actions.
It’s Time for Idaho’s Dairies and Farmers to Hire American Workers
Beyond the legal and constitutional flaws of HB 297, this bill underscores a larger issue:
Idaho’s agricultural industry has relied too heavily on foreign labor instead of prioritizing American workers. The dairy industry, in particular, has argued that it cannot find U.S. workers willing to do these jobs. However, rather than creating a state-level workaround for illegal hiring practices, Idaho’s farmers and dairies should invest in higher wages, better working
conditions, and automation to attract domestic workers.
For too long, agricultural employers have relied on the availability of low-wage foreign labor rather than offering wages and benefits that would attract local workers. If Idaho’s farms and dairies claim they are struggling to hire, the real question is whether they are offering wages and conditions that make these jobs viable for American workers.
A better solution would be for Idaho’s agricultural sector to:
Raise wages to competitive levels.
Improve working conditions to make dairy and farm jobs more attractive.
Utilize automation and technology to reduce the need for continuous labor shortages.
Offer vocational training programs to help local workers transition into agricultural jobs.
By relying on foreign labor instead of investing in American workers, Idaho’s dairies and farms have created an unsustainable system. Rather than passing legally questionable laws like HB 297, the state should focus on policies that encourage local hiring, workforce development, and fair wages—ensuring that these industries remain both productive and legally compliant.
It is deeply disappointing that Jaron Crane, a Republican leader, sponsored HB 297, a bill that blatantly undermines federal law and prioritizes cheap foreign labor over American workers. Instead of standing up for Idaho’s citizens and advocating for fair wages and better job opportunities, Crane has chosen to push a legally dubious policy that benefits big agriculture at the expense of American workers.
Read and take action on HB 297 at the MVLA War Room
