The H-2A dilemma

The Vital Role of Migrant Farm Workers

Migrant farm workers under the H-2A visa program demonstrate an unparalleled work ethic. They endure grueling conditions to harvest crops that feed the nation, often working long hours in extreme weather. Their dedication is unquestionable and vital to American agriculture. However, a deeper issue arises when examining how this program intersects with social services, raising concerns about resource allocation and taxpayer burdens.

Addressing Recent Critiques

In a recent article published in the Montrose Mirror October 27, 2025, Richard Bleier critiqued a prior viewpoint on H-2A workers and Social Security benefits. Bleier acknowledged that, technically, these workers are not entitled to Social Security, but he neglected to point out instances where ineligible individuals have accessed such benefits despite regulations. This highlights a broader problem of enforcement gaps in benefit distribution, separate from the core dilemma at hand.

Legal Framework and Eligibility Restrictions

The primary concern lies in H-2A workers' access to other social services, which should prioritize U.S. citizens. Federal law, under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, 8 U.S.C. § 1611), generally bars non-qualified aliens, including temporary visa holders like H-2A workers, from federal means-tested benefits such as SNAP and full Medicaid. H-2A workers are classified as non-qualified, meaning they are ineligible for these programs. They do not pay into Social Security or Medicare taxes, exempting them from FICA withholding and many H-2A workers are also exempt from federal income tax withholding as well.

The Loophole in Social Services Access

Despite these restrictions, gaps exist. Some states, including Colorado, use state funds to extend benefits to non-citizens, including emergency Medicaid for undocumented or temporary residents who meet income thresholds. This creates a perceived loophole where H-2A workers, earning wages comparable to low-income citizens, might qualify for local, county, or state aid without the same citizenship scrutiny. Citizenship is not verified as a matter of policy and qualifications often hinge on income self-reporting rather as systems reporting income is not reported in real time through government databases and seasonal workers can game the system due to this lag. Citizens earning similar wages via W-2 employment may exceed asset or income limits, disqualifying them, while temporary workers navigate different designations.

Financial Burden on Taxpayers

This setup burdens taxpayers. Nationally, improper payments and fraud in programs like SNAP and Medicaid cost billions annually. Cases reveal ineligible non-citizens receiving benefits through errors or fraud, such as in California, where the state improperly claimed $52.7 million in federal Medicaid reimbursements for non-citizens with unsatisfactory immigration status. Similar issues appear in SNAP, with multimillion-dollar fraud schemes exploiting eligibility loopholes.

Colorado's Challenge

In Colorado, the strain is evident. The state provides Medicaid to non-citizens, covering thousands each month. Recent federal investigations under the Trump administration target Colorado's spending on health care for immigrants, scrutinizing whether state funds inappropriately extend to ineligible groups. The Administration is in the process of recovering over $1.3 billion from states (including Colorado), for illegally using federal tax dollars on health care for immigrants, which is illegal according to federal law. Yet the six states in question ignored federal law and used the federal funds regardless of the law. Reports indicate Colorado's annual Medicaid costs for non-citizens exceed $340 million, a staggering figure amid budget constraints. This includes emergency care for over 36,000 non-citizens a month, amplifying concerns about sustainability. Proposed legislation, like Senate Bill 25-007, aims to repeal state-subsidized coverage for illegal immigrants, reflecting growing pushback.

Calls for Reform and Fairness

This loophole undermines fairness. While H-2A workers contribute to the economy, their temporary status should limit access to citizen-prioritized services. Enforcement lapses allow some to tap into benefits, as seen in fraud cases where ineligible individuals use false documentation or system errors. Fact-checks confirm illegal immigrants, and other non-citizens are generally barred, yet real-world instances of improper access persist. Addressing this requires stronger verification and federal-state alignment. Closing loopholes would ensure resources serve citizens first, without diminishing appreciation for migrant workers' efforts. The dilemma underscores the need for reform in a system that costs billions while straining local communities.

Michael J Badagliacco, “MJB”

Michael is a father of five, grandfather of three, United States Air Force veteran, international recording artist, and Editor-in-Chief of the Colorado DOGE Report. He is passionate about the United States of America and the founders’ genius in crafting the Constitution.