The Hispanic Workforce

• Must be completed for ALL employees within three business days of the date employment is to begin
• Must be completed by the employer or employer’s representative, not by anyone else
• Employer must see documents as specified on page 3 of the I-9 form. The employer may not require the potential employee to provide certain documents.
• Keep all I-9s in a separate file so that they can be easily accessed if requested.
• Retain I-9s for 3 years from date of hire or for 1 year from date of termination of employment. Employees with temporary work authorization must provide proof of reauthorization when initial document expires.
• Employers are not required to keep copies of documents provided by employees.

Link to the I-9 form: www.uscis.gov/files/form/i-9.pdf

Link to ICE brochure on completing I-9.

Link to more ICE information about Employment Authorization

Link to frequently asked questions about employment eligibility

Social Security and the Department of Homeland Security are offering an online service that will allow employers to check work authorization. Registration is required to use the Employment Eligibility Verification Web site.

Social Security Mismatch Letters

Many employers receive letters from the Social Security Administration that indicate one or more of their employees have social security numbers that do not match their names on file. ICE provides a more thorough discussion of how this new regulation will be handled on their website. They also provide an interactive website called the Safe Harbor Information Center.

Social Security Administration provides an online service where you can verify your employees’ records.

The Farm Employer's Labor Service (FELS) in California has several attorneys' discussion of the new Safe Harbor rule. If you have concerns about the work eligibility of your employees you should seek legal advice from an attorney about you specific situation.

What to Do in the Event of a Raid

Dairy Today published a chilling account of a recent raid on a dairy farm in North Dakota. The article includes a list of 10 things to do when Immigration and Customs Enforcement (ICE) arrives at a farm to conduct an immigration raid.

The following article was prepared for the Becker Forum at Cornell University, February 13, 2007:

"What Immigration Can and Cannot Do" By Walter H. Ruehle, Esq. of the Legal Aid Society of Rochester

Immigration has the authority to enforce our nation's immigration laws. However, their authority is limited by the U.S. Constitution, the Immigration and Nationality Act and its regulations, and by internal practice. The ability of the local and state police to enforce the immigration law is even more limited.

The Limits of INS Authority

1) CONSENSUAL QUESTIONING - Immigration can ask questions of a person if they have a "reasonable suspicion, based upon specific, articulable facts," that that person is not a US citizen. By itself, a person's ethnic appearance and inability to speak English is not reasonable suspicion; foreign dress or grooming, a high concentration of aliens in the area, or a tip from an informant is.

If Immigration walks up a person, the only question that person must answer is their name. The person has the right to refuse to answer any other questions and to walk away from the officer. If the person walks away, the officer cannot do anything else unless the officer has a legal basis to detain them (see 2 below). However, if the person runs away, the officer has the right to detain them.

2) DETENTION -Immigration cannot stop a car, or detain a person in some other way, unless they have a "reasonable suspicion, based on specific, articulable facts," that that person is not a U.S. citizen and is in the U.S. illegally. Immigration cannot detain a person solely because of their skin color, inability to speak English, farmworker status and/or their out of state car. A specific tip, erratic driving or running away from agents, or the employee's false immigration papers, obtained from an employer during an audit, do give the agents the right to detain.

3) ARREST - Immigration can arrest a person if they have an arrest warrant, or if they have probable cause to believe a person is not a US citizen, is in the U.S. illegally, and is likely to escape before a warrant can be obtained.

4) SEARCHES OF DWELLINGS - Immigration cannot come into a dwelling unless they have a search warrant, or unless the occupant gives them permission to enter. A landlord cannot give Immigration permission; neither can the employer where the employer provides the housing. To get permission, Immigration must knock at the door and identify themselves before they come in.

5) FARM OPERATIONS - Immigration cannot enter a farm or "other outdoor agricultural operation" to question a person suspected of being an alien unless they have either the consent of the owner or a warrant.

6) MANNER OF QUESTIONING -Immigration cannot force a person to answer questions. They also cannot threaten, or trick a person into answering questions by promising that things will be better if the person answers. Use of "third degree" methods is also prohibited.

7) USE OF FIREARMS - Immigration cannot use their weapons unless they believe that a person is going to kill or seriously hurt them or some other person. "Warning shots" are expressly prohibited.

8) BEHAVIOR - According to the Border Patrol Manual, Border Patrol agents must treat everyone with courtesy and kindness. They cannot be arrogant or unpleasant. If in plainclothes, they must identify themselves before doing anything else. If asked, they must show identification.

The Limits of Police Authority

State and local police can only enforce the criminal provisions of immigration law. Under the immigration law, it is a crime to enter the U.S. illegally, but it is not a crime to enter the U.S. legally and remain longer than permitted. Thus, the police cannot detain or arrest a person unless they satisfy the same standard as Immigration (see 2 and 3 above) AND they also have reason to believe that the person entered the U.S. illegally.

Community Relations

People in rural communities are often concerned, even frightened, when Hispanic farm workers first enter a community. Dairy managers should try to dispel these fears with factual information. Here is a discussion of some common myths about immigrant dairy farm workers.

A more thorough discussion of community relations activities was presented at the 2003 conference on Managing the Hispanic Workforce. Find it here.

Iowa Center for Immigrant Leadership and Integration is a great resource for community integration. Look for the new booklet called “New Americans, New Iowans.”

Employee Wages and Housing

Pennsylvania’s Seasonal Farm Labor Law governs the treatment and housing of seasonal farm workers. While most dairy employees will not be covered by this law, it is advisable for all employers who provide housing to be familiar with it. The regulations spell out how this law is enforced.

Immigration Lawyers

This link takes you to a lawyers.com search for attorneys who practice immigration law in Pennsylvania.