Bracing for Impact

The Trump administration is rapidly implementing measures to significantly enhance the enforcement of U.S. immigration laws. Among the executive orders signed in the early days of President Trump’s second term are extensive changes aimed at bolstering federal agencies' capabilities to arrest and detain undocumented foreign nationals. These developments have direct implications for agricultural employers, making it more crucial than ever to ensure compliance with immigration laws and regulations. As the agricultural sector relies heavily on migrant labor, understanding and adapting to these changes will be essential for maintaining a stable workforce and avoiding potential legal challenges.

Impact on Agriculture Business Owners

Key Changes in Immigration Enforcement

Increased worksite enforcement 

The administration is ramping up efforts to identify and penalize employers who hire undocumented workers. Agricultural employers can expect to see an increase in ICE audits, unannounced worksite inspections, and financial penalties for violations.

Accurate employment verification is more critical than ever for agricultural employers. Proper completion and maintenance of I-9 forms is legally mandated, with employers required to keep these forms for three years post-hiring or one year after termination, whichever extends longer.

How you can mitigate risks 

To mitigate potential risks, it is advisable for agricultural employers to enroll in E-Verify and periodically audit their I-9 forms. While E-Verify alone doesn’t entirely shield employers from hiring unauthorized foreign nationals, it significantly strengthens their standing with ICE and the Executive Office for Immigration Review (EOIR).

Larger agricultural enterprises should consider adopting electronic I-9 management software. Employers chosen for an immigration audit must be able to present their I-9 forms within three business days, as stipulated by immigration regulations. While ICE has historically granted deadline extensions, relying on such leniency is not prudent in the future. Ag employers should also be prepared for a potentially more stringent approach from ICE, including greater fines.

Border security and regional enforcement 

With more troops deployed to the southern border, it is expected that enforcement actions, including workplace audits and inspections, will rise in border areas. Additionally, federal agencies now have the authority to delegate immigration enforcement responsibilities to local law enforcement, which raises the likelihood of enforcement activities at both local and federal levels.

How you can mitigate risks

To safeguard against enforcement risks, agricultural employers should maintain thorough records of worker documentation, ensuring all employees have up-to-date identification and employment authorization records. Digitizing worker records not only helps keep information organized and easily accessible but also reduces the administrative burden of manual paperwork. Tools like Seso’s Digital Worker Onboarding automate key parts of this process by allowing workers to upload documents directly, ensuring accuracy while saving employers time and serving as a system of record for your workforce. With everything stored securely in one place, employers can quickly retrieve necessary documentation during audits or inspections with an auto-generated Audit File, minimizing disruptions and demonstrating compliance.

Revocation of sensitive location policy 

Previously, ICE refrained from enforcing immigration laws in sensitive areas like schools, churches, and hospitals. However, this policy has been lifted, allowing ICE to operate in these locations without prior limitations.

As a result, agricultural employers should be aware of the potential for increased enforcement actions in their communities. It is important to prepare for possible disruptions and to ensure that workers feel informed and supported during this uncertain time. Providing resources and guidance will be crucial in helping workers navigate any challenges that may arise. 

How you can mitigate risks

Employers can take proactive steps to prepare for potential disruptions by establishing clear communication channels with their workforce and ensuring employees understand their rights and responsibilities. Regularly scheduled meetings, multilingual training sessions, and written resources—such as FAQs or quick-reference guides—can help workers stay informed about what to expect in the event of an enforcement action. Employers should also provide guidance on what documents workers need to carry and where to seek legal assistance if necessary. Partnering with trusted legal or advocacy organizations can further equip employees with accurate information and support. Creating a culture of transparency and reassurance will not only help workers feel more secure but also contribute to overall workforce stability during periods of uncertainty.

Navigating Worksite Inspections: Know Your Legal Rights

Understanding your legal rights during an ICE worksite inspection is crucial. Employers have the right to deny ICE agents entry to non-public areas of their business unless they present a judicial warrant—specifically, one signed by a judge, not just an administrative warrant issued by ICE. Without this warrant, areas like back offices and employee-only zones are off-limits to ICE. However, agents are permitted to enter public spaces such as lobbies and parking lots without permission. If presented with a warrant, it's important to carefully review it before allowing access to any restricted areas.

See here for an example of a judicial warrant vs an ICE warrant provided by AILA.

Best Practices for Employers

To mitigate risks and ensure compliance during this period of heightened enforcement, agricultural employers should implement the following best practices:

Review Employment Verification Processes

• Conduct I-9 audits to verify that employment verification forms are completed accurately and consistently, and are properly maintained.

• Ensure that all hiring and employment verification processes meet federal standards.

• Consider enrolling in E-Verify to confirm employment eligibility.

Training and Education

• Provide regular training sessions for HR staff and managers on compliance with employment and immigration laws. This includes understanding anti-discrimination laws and how to handle documents properly.

• Handling incomplete or fraudulent documents.

• Use real-world scenarios to prepare staff for potential enforcement situations.

Worker Documentation

• Ensure that foreign national employees keep proper documentation on them verifying their identity and legal status. This documentation includes:

  • Real ID

  • I-797 approval notice

  • Visa stamp and I-94 record

  • Employment authorization document (EAD)

Develop a Compliance and Response Plan

• Create a comprehensive plan to handle potential ICE audits or inspections, including designating a specific team or point of contact responsible for managing such situations.

• Ensure all employees understand their rights and the protocol for interacting with enforcement officers, including: 

  • The necessity of a judicial warrant for non-public areas.

  • The right to refuse searches without a valid warrant.

  • The right to remain silent when questioned.

Enhance Record-Keeping and Technology Use

• Consider adopting electronic I-9 management software to maintain organized and easily accessible records.

• Seso makes I-9 verification easy by running workers through an intuitive workflow, and automatically keeping records organized, accurate, and accessible, so you’re always prepared for an audit.

Legal Consultation

• Work with Seso’s immigration law experts or consult with legal counsel to stay informed about enforcement trends and changes in immigration policy that could impact your operations.

Maintain Open Communication

• Keep lines of communication open with employees, ensuring they feel informed and supported, especially in times of increased enforcement activity.

Stay Informed

• Keep abreast of changes in immigration policies and enforcement priorities.

• Attend Seso webinars and continue to read Seso newsletters and blogs.

Taking Immediate Action Matters Now More Than Ever

With immigration enforcement becoming a bigger focus, it remains crucial for agricultural employers to have strong compliance programs. Not following the rules can lead to fines, penalties, and interruptions in business, as well as the loss of important employees. By actively checking and improving compliance programs, offering regular training, getting ready for possible ICE audits, and keeping up with policy changes, ag employers reduce risks and keep their operations safe.

Working with Seso can help agricultural employers handle complicated enforcement actions and stay compliant in this changing environment.