Ag Employer News & Info
A Blog for Oregon Ag Employers
Hosted by FEELDS
Navigating Immigration Enforcement Under the New Trump Administration: A Guide for Agricultural Employers
As an agricultural employer, you play a pivotal role in providing the labor necessary to keep Oregon’s farms and ranches running. You understand that hiring individuals who are legally able to work is not only a legal requirement but also a moral one. No agricultural employer wants to hire or employ undocumented individuals. However, today's federal and state discrimination rules prevent agricultural employers from asking too many questions about an individual's immigration status. If the individual provides documents to satisfy the I-9 Form as required, that is sufficient proof that the employee is lawfully permitted to work unless the employee or a law enforcement agency says otherwise. No questions beyond the I-9 Form being properly completed in a process that protects the individual’s civil rights are permitted by an employer.
With the new Trump Administration’s expected stricter stance on immigration enforcement, agricultural employers must stay informed and prepared for the challenges that may come.
Immigration Enforcement Activities Under the New Administration
The new Trump Administration has made it clear that immigration enforcement will be a top priority. This means we can expect more workplace audits, increased scrutiny of employment records, and potential immigration raids of workplaces. U.S. Immigration and Customs Enforcement (ICE) is expected to actively seek out employers who may be hiring undocumented workers.
It’s important to acknowledge that many agricultural employers, particularly those in industries heavily reliant on immigrant labor, may find themselves caught in this enforcement push. For many workers, even those who are lawfully authorized to work, the fear of immigration enforcement is real. This can create anxiety and uncertainty in the workplace that may affect production, attendance, and overall morale.
During the first Trump Administration's ICE enforcement actions in 2018 and 2019, several legal U.S. residents were arrested in a sweeping operation that detained all suspects, regardless of their status. Some employees reported being mistreated, including being bruised and ignored when attempting to prove their innocence. These workers later sued ICE for civil rights violations and won their case. This may temper ICE workplace raid behavior in the Trump2 Administration.
Information for Everyone About Rights and Consequences for Breaking the Law
One valuable resource available to employers and their employees is the Sanctuary State Community Tool Kit provided by the Oregon Department of Justice. The toolkit is designed to help employers understand their responsibilities under immigration law while also educating employees about their rights.
The Sanctuary State Community Tool Kit serves several key purposes:
-
Educating Employees on Their Rights: The toolkit provides clear guidance for employees on how to respond if they encounter immigration enforcement at the workplace.
-
Supporting Immigrant Workers: It offers resources to immigrant workers, explaining what protections they have under state and federal law, including rights during an ICE visit, the right to remain silent, and how to protect personal information.
-
Guidance for Employers: The toolkit includes helpful information for employers on how to navigate the challenges of immigration enforcement. It offers advice on how to ensure your business remains in compliance while also protecting the privacy and rights of your workforce.
-
You can access the Sanctuary State Community Tool Kit on the Oregon Department of Justice website at this link: Oregon Sanctuary Promise Toolkit
As we move forward, it's crucial for both employers and employees to approach the coming immigration enforcement with a focus on preparation, respect and due process. Employers who are unsure if their processes for completing the I-9 Form can withstand government scrutiny might consider reading the USCIS Handbook for Employers guidebook (M-274) and attending an I-9 Form workshop Forms offered by the FEELDS program at Oregon Farm Bureau in 2025.
Ag Employers Should Self-Audit I-9 Forms
The Form I-9, used to verify the identity and employment authorization of employees, is a critical document that all US employers must maintain. Failure to comply with Form I-9 requirements can lead to hefty penalties, legal risks, and reputational damage. Immigrant employees are often drawn to the agricultural industry because of its demand for seasonal help and entry-level nature. Agricultural employers should understand how to properly complete Form I-9, follow non-discriminatory processes, and ensure the form is filled out accurately while navigating its complexities. A helpful resource is the Handbook For Employers (M-274).
Performing a self-audit of I-9 forms is a good way to evaluate your compliance and prepare for a potential audit by Immigration and Customs Enforcement (ICE) or the Department of Labor. If you are audited, you typically will have only three days to respond, so it makes sense to prepare in advance.
Why Perform a Self-Audit?
Identify and Correct Errors
Mistakes on I-9 Forms are common, from incomplete fields to mismatched dates, but simple mistakes can be expensive. While some errors are considered technical and correctable, others can result in substantial fines. Missing forms are among the most expensive penalties. Conducting a self-audit allows you to spot and fix issues before they become expensive problems during an official audit.
Minimize Legal Risk
By reviewing and correcting I-9 forms you can demonstrate good-faith compliance effort. This may mitigate penalties and show regulators that your business takes its legal obligations seriously.
Prepare for Increased Enforcement
Enforcement actions targeting labor-intensive industries with high immigrant labor, such as agriculture, are not uncommon. You might recall the frequent ICE “raids” in 2018 at meat processing facilities, for example. "Raids" are one enforcement tactic, but I-9 Form audits seem to be more common. Being prepared with accurate and complete I-9 Forms may reduce the stress of an audit and can reduce civil money penalties.
Steps for a Successful Self-Audit
Gather All I-9 Forms
First, print a payroll report for the current year as well as the previous three years. Gather I-9 forms for all current employees and those who were employed over the previous three years. Maintain them in a centralized location but separated into “current employees” and “former employees” folders. For former employees, ensure forms are retained for at least three years after the hire date or one year after the termination date, whichever is longer. Ensure every name on each payroll report has an I-9 Form.
Review for Completeness and Accuracy
Check each section of the I-9 Form for missing or inaccurate information, there are two sections, and two supplement pages. Pay special attention to employee information, employer certification, and document expiration dates. The M-275 Handbook for Employers shows what common mistakes look like and if they can be corrected. The FEELDS program is also a fabulous resource for direct assistance if you don’t want to study the M-274.
Correct Errors
Make corrections as needed using the proper procedure. For example, if an error is found, do not white-out or erase it; instead, draw a line through the error, make the correction, and initial and date the change.
Train Staff
Ensure that your staff are trained on proper I-9 completion and retention procedures to prevent future errors.
Document the Audit
Maintain a record of the self-audit, including what was reviewed, corrections made, and any additional steps taken to ensure compliance.
Join FEELDS
If this audit process feels overwhelming, consider joining FEELDS at Oregon Farm Bureau. For only $85 per month, FEELDS can identify gaps and ensure your audit is thorough and compliant. See www.oregonfb.org/feelds for more information.