So we can eat grapes again?

WE SAY Hilda Solis has got some pair of uvas.

Acting on her promise, U.S. Secretary of Labor Hilda Solis suspended rules established by former President George W. Bush that were intended to make it easier for farmers to hire temporary foreign workers.

Although it is true that Bush decided on the rule changes in mid-December 2008, shortly before he left office, critics of the regulation, like Rep. George Miller, D-Calif., are unfairly connoting it by calling it a “midnight regulation.” Should the president do nothing in the months before he leaves office?

The regulation, which was intended to fight illegal immigration, was well-intended. However, it had the effect of lowering farm workers’ wages. Since Jan. 17, when the regulation took effect, many immigrant workers have seen their wages decrease. In North Carolina some have already seen their hourly wages drop by $1.60.

Each year, farmers hire seasonal workers to help harvest their crops and usually need the aid of guest workers. However, the guest-worker program known as the H-2A program has to approve each foreign worker, which of course takes time.

Farmers have been complaining for years that because the H-2A is so slow, the harvesting season is over by the time the guest workers are cleared to work. This has led some farmers to hire undocumented immigrants who have obviously circumvented H-2A visas. In fact, according to administration officials, nearly two-thirds of all farm workers are undocumented.

The Bush regulation was designed to streamline the H-2A visa program so guest workers would be cleared to work more quickly. To this extent, it’s difficult not to support the regulation. But like all things in Washington, disagreement arises in the details. After all, even Americans who are against illegal immigration can reasonably disagree over how to prevent it.

With the H-2A guest-worker program, before farmers can hire immigrant workers, the Department of Labor must first declare a shortage of labor.

The Bush changes basically entrust farmers with determining when there’s a shortage. All farmers have to do is “prove” they have attempted to hire American workers but couldn’t find enough. Likewise, the new rules decreased the wages for farm workers across the country. Overall, both of these changes – more lax oversight and a decrease in paid wages – give incentive to use immigrant labor.

We’re glad to see Solis keep her promise. But let’s not get too excited. The regulation suspension is only temporary and lasts until new rules are drawn up. And as we said earlier, it’s all in the details.