California lawmakers are considering a new bill that aims to strengthen protections for temporary migrant workers. These workers come to California through various temporary work visa programs for jobs in agriculture, nursing, domestic care, and other industries.

The bill, Assembly Bill 1362, would require all foreign labor recruiters to register with the state and comply with rules designed to prevent the exploitation of migrant workers. Key provisions include prohibiting recruiters from charging workers recruitment fees and offering legal remedies for labor violations.

Introduced by Assemblymember Ash Kalra (D-San José), the bill is also known as the “Human Trafficking Prevention and Protection Act for Temporary Immigrant Workers.”

“For too long, temporary foreign workers have faced abuse at the hands of unscrupulous foreign labor recruiters,” Kalra said in a statement. “Businesses also risk being misled by exploitative recruiters using predatory practices.”

Advocates against human trafficking argue that temporary visa programs are often abused due to insufficient federal oversight. They claim that migrant workers are vulnerable to human trafficking through false promises and illegal activities by third-party recruiters.

California had previously passed Senate Bill 477 in 2014, which required foreign labor recruiters to register with the state and adhere to worker protection rules. It also ensured workers received clear, fair contracts and prohibited retaliation against workers for asserting their rights.

However, only a small portion of foreign labor recruiters are currently subject to these protections. According to Stephanie Richard, director of the Sunita Jain Anti-Trafficking Initiative at Loyola Law School, the law was narrowly enforced, covering only H-2B visa holders. Out of the approximately 350,000 migrant workers in California on temporary visas, only 5,000 are H-2B visa workers.

AB 1362 seeks to extend these protections to all foreign labor contractors recruiting for temporary work visas, with two exceptions: recruiters for J-1 exchange visitor visas and talent agency recruiters. This would help cover a broader range of workers, protecting many who are currently unprotected.

Richard emphasized the urgency of passing the bill, especially given the potential for increased exploitation amid uncertain immigration enforcement under the Trump administration. “If more workers are deported, businesses will demand temporary workers, and less federal oversight will lead to more exploitation,” she said.

The Western Growers Association, which represents farmers in California and other states, has previously opposed expanding protections for temporary migrant workers. The group argues that such changes could slow down the hiring process and increase costs for farmers needing migrant labor through the H-2A visa program.

Dave Puglia, president of the Western Growers Association, recently stated that the U.S. food production system is struggling due to a shortage of workers. He suggested that expanding the foreign visa program would help meet the needs of farmers and remove obstacles, including immigration enforcement raids and bureaucratic delays.