By Andi Anderson
With recent immigration policies affecting agricultural workers, farmers must be prepared for potential enforcement actions. The U.S. Census reports that 62% of farmworkers are migrants, making immigration policies crucial for farm employers.
Michigan State University Extension advises farm owners to ensure compliance with I-9 Employment Eligibility Verification. All employees hired after November 6, 1986, must have a properly completed I-9 form. Employers should conduct regular audits and train staff on proper documentation procedures.
ICE can visit farms for three reasons: an I-9 audit, a raid, or to detain specific individuals. An I-9 audit ensures compliance, requiring farms to maintain records for three years after hiring or one year after termination.
Raids, however, occur without prior notice. Employers should develop a written response plan and educate employees on proper procedures. Workers should avoid direct interaction with agents and direct them to the farm owner.
ICE agents can only enter public areas of a farm without permission. Private areas require a judicial warrant, signed by a judge, with “U.S. District Court” on top. Administrative warrants do not permit access to private spaces. Farm owners should mark restricted areas with signs and keep them locked.
Farmers needing legal advice should consult immigration attorneys. Resources are available through organizations like the National Immigration Law Center, ACLU, and the Immigrant Legal Resource Center.
For more information on preparing for immigration actions, visit National Employment Law Project (NELP) or contact Immigration Law and Justice Michigan.
Photo Credit: michigan-state-university-msu-extension
Categories: Michigan, General