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Immigration Resources for Farm Employees

The new presidential administration is clearly increasing immigration law enforcement. Farm employers are advised to get their work authorization procedures in order and prepare for possible workplace enforcement. Farm employees can also take steps to be sure that their rights are protected and that they have plans in place in case they become involved in enforcement actions. New York State Department of Labor recently shared a set of helpful resources for immigrants in multiple languages, linked below. While these resources were originally prepared for New York City, almost all of the content is relevant for people living and working in farms across the state.

It is critically important for immigrants with families or other dependents in the U.S. to have a plan in case of emergency, including immigration enforcement. The Immigrant Legal Resource Center provides an excellent collection of resources called the Step-by-Step Family Preparedness Plan. Find it here in Spanish: Plan de Preparación Familiar.

By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Immigration Resources for Farm Employees appeared in The Ag Workforce Journal.

Prepare for immigration enforcement at your farm

With the new administration ramping up there are reports of increased US. Immigration and Customs Enforcement (ICE) and border patrol activity in upstate New York. This comes on the heels of well-documented and highly public ICE actions over the weekend. Employers are advised to take action immediately to be sure your business and employees are as prepared as they possibly can be for any immigration enforcement. Consider the following resources:

Of course, employees may also be affected by immigration enforcement actions. Employers should have a list of all employees’ emergency contacts to inform if the employee is picked up. Likewise, all employees should have a farm contact to inform if they are picked up by ICE.

The National Employment Law Project is an employee-centric organization that has also published guidance for employers and employees in “Employer Guide: What to Do If Immigration Comes to Your Workplace,” available in multiple languages. Among other things, this publication states the following advice for employees:

  • Employees are not obligated to speak with ICE agents, and may best protect their rights by remaining silent.
  • Employees should stay calm during an enforcement action.
  • Do not run or otherwise resist, because running from ICE may indicate that immigration laws were violated.

Finally, be sure to view our I-9 resources.

By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Prepare for Immigration Enforcement at Your Farm appeared in The Ag Workforce Journal.

 

ICE raids and I-9 audits, is your farm ready? Sign up for Labor Roadshow now!

Labor Roadshow helps New York farm employers manage a wide range of changing labor issues. With the new administration coming into Washington, employers can expect a renewed focus on I-9 audits and immigration enforcement. The 2024 Labor Roadshow recently added a new topic: “How to protect your business during an I-9 Audit or ICE raid.”

Events start next week and time is running out, it’s important to register now. Other topics include:

  • Overtime and payroll compliance
  • Union organizing: updates and management strategies
  • Leadership and language learning opportunities for English- and Spanish-speaking supervisors and managers
  • Heat safety and compliance
  • Benefits for farm employees
  • Farm safety, risk, and managing insurance
  • Farm employee housing management

In-Person events will be held in two locations:
December 11, 2024: Hudson Valley Community College, Troy, NY
December 13, 2024: Cornell Agritech, Geneva, NY
From 8:30 AM – 4:00 PM

Online sessions will be held via Zoom on topics that are different from, and in addition to, the in-person events:
December 17, 2024 from noon to 2:00PM
December 18, 2024 from noon to 2:00PM

Registration Details: To secure your spot, please visit the registration page. Early registration is encouraged as spaces may be limited.

Event cost: $75 per person
Cash, check, and advance online payments will be accepted.

For the latest updates on expert speakers, session topics, and additional information, please continue to check our Labor Roadshow webpage.

About AWDC: The Agricultural Workforce Development Council (AWDC) is dedicated to enhancing the agricultural workforce through education, advocacy, and support. By providing resources and training, AWDC helps farm employers navigate labor challenges effectively.

Batten Down the Hatches: It’s Time to Tighten Your Work Authorization

When encountering rough weather, the sailing ship’s captain gave the order to “batten down the hatches!” It means to cover up the doorways and hatches in the deck to prevent seawater from rushing into the ship during the storm. Now is a good time to batten down your work authorization hatches with the possibility of rough seas ahead, because the incoming U.S. presidential administration has consistently emphasized “mass deportation” of unauthorized individuals in the country. No one should panic, campaign promises are not necessarily the same as real world action, but it is likely that employers will be affected by tighter enforcement in the years ahead. Start to batten down those hatches by revisiting your business process for documenting work authorization of new employees using the U.S. government’s Form I-9.

Revisit the work authorization process

All employers are required to verify that everyone they hire is eligible to work in the U.S. Employers must view documentation provided by the employee to establish the employee’s identity and work authorization. These documents must reasonably appear authentic and must pertain to the employee. The U.S. Citizenship and Immigration Services is the first place to go for I-9 information, find the I-9 form here. The form has changed frequently in recent years, so it’s a good practice to download a fresh, updated form from the website each time you hire a new employee. Instructions for form I-9 should be given to employees so that they can choose which documentation to provide, you can also download I-9 instructions in Spanish. Please note that the Spanish version of I-9 can only be used in Puerto Rico, but employers in other states can provide it as a reference for Spanish-speaking employees.

Make it a consistent procedure

Just understanding I-9 work authorization is not enough, you need a clear and repeatable procedure that will be followed every time a new employee is hired. It’s important to have a standard operating procedure (SOP) for verifying and documenting work authorization. An SOP will help make sure the job is done right, every time, so that your business has less legal risk in this area. Use this example I-9 SOP to understand the overall process and train employees who will complete this critical administration task. Note that section 1 of I-9 must be completed by the new employee, and section 2 must be completed by the employer or their authorized representative. Importantly, the section 1 must be signed and dated by the employee, and section 2 must be signed and dated by the employer, in addition the employee’s first day of employment must be entered in section 2 by the employer.

The New York Labor Roadshow is coming up quickly on December 11 and 13th, get all the details and register here.

By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Batten Down the Hatches: It’s Time to Tighten Work Authorization appeared in The Ag Workforce Journal.

Use the New I-9 to Document Authorization to Work

A new year brings a good opportunity to remind employers that there is a new version of the U.S. government’s “Employment Eligibility Verification” form, better known as I-9. All employers are required to verify that every person they hire is eligible to work in the U.S. Employers must view documentation provided by the employee to establish the employee’s identity and work authorization. These documents must reasonably appear authentic and must pertain to the employee.

The new form looks different from older versions but it’s basic functionality is the same. One nice feature is that the new form is a fillable PDF, meaning you don’t have to hand write everything into the form. The new form is dated August 1, 2023 and employers are required to use the most recent version. For this reason, I always recommend downloading a fresh form each time you hire someone new.

Like many things, reading the directions is a good idea, here are the Instructions for Form I-9. There is a list in the instructions which is particularly helpful, I’ve copied it verbatim below:

All employers must:

  • Make the instructions for Form I-9 and Lists of Acceptable Documents available to the employee when completing the Form I-9 and when requesting that the employee present documentation to complete Supplement B, Reverification and Rehire. See page 5 for more information.
  • Ensure that the employee completes Section 1.
  • Complete Section 2 within three business days after the employee’s first day of employment. If you hire an individual for less than three business days, complete Section 2 no later than the first day of employment.
  • Complete Supplement B, Reverification and Rehire when applicable.
  • Leave a field blank if it does not apply and allow employees to leave fields blank in Section 1, where appropriate.
  • Retain completed forms. You are not required to retain or store the page(s) containing the Lists of Acceptable Documents or the instructions for Form I-9. Do not mail completed forms to U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE).

It’s important to have a standard, repeatable process in place at your business to be sure that important things like I-9 are completed correctly every time. We developed an I-9 SOP that may help you to achieve this, find it on our I-9 page.

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By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Use the New I-9 to Document Authorization to Work appeared in The Ag Workforce Journal.

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