By Richard Stup, Cornell University
This post originally appeared in The Ag Workforce Journal.
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:
I-9, Authorization to Work and Enforcement. As part of the Ag Workforce Central Office Hour on January 9, 2025, we hosted attorney Michael Sciotti from Barclay Damon law firm to discuss how employers can get into I-9 compliance and prepare for enforcement actions. Find the video and the presentation with links to resources at Ag Workforce Central.
Another great resource from Fisher Phillips law firm is here: Incoming Border Czar Signals Heightened Immigration Enforcement: 5 Steps for Employers to Prepare for Anticipated Raids and Deportations. Be sure to read through the opening paragraphs about the new USCIS leadership and get to the practical steps for employers to take.
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.