SLO County Farm Bureau shares immigration enforcement guidance
– The San Luis Obispo County Farm Bureau has disseminated information to assist local agricultural employers in understanding their rights and responsibilities during immigration enforcement actions. This follows recent enforcement activities in California’s Central Valley that have caused concern among employers and employees.
According to the Farm Employers Labor Service, there have been reports of agricultural workers staying home, avoiding work, and keeping their children from school due to fears of enforcement actions.
Employer and employee rights
Employers and employees possess constitutional rights during immigration enforcement actions. Employers can inform workers of their right to remain silent, their right to refuse to answer questions about immigration status without an attorney, and their right to legal representation.
Federal agencies involved
Several federal agencies under the Department of Homeland Security have authority to conduct workplace visits and inspections:
- Border Patrol, part of U.S. Customs and Border Protection, conducts actions to remove deportable individuals.
- Homeland Security Investigations handles employment verification audits.
- Immigration and Customs Enforcement enforces immigration law and can initiate deportation proceedings.
- U.S. Citizenship and Immigration Services oversees employment-related immigration sponsorship programs, such as the H-2A temporary visa program.
Enforcement procedures and employer actions
Federal agencies must follow specific procedures when conducting workplace searches or audits. Employers are advised not to consent to access without proper authorization. Key documents in immigration enforcement actions include:
- Notice of Inspection: A request from Immigration and Customs Enforcement or Homeland Security Investigations to provide Forms I-9 within three business days. Employers are advised to consult an attorney before responding.
- Immigration Enforcement Subpoena: This may request additional documents alongside the Forms I-9.
- Judicial Warrant: Signed by a judge, this allows authorities to enter private areas or seize documents. Employers should review the warrant to ensure compliance with its scope.
- Administrative Warrant: Issued as part of an I-9 audit, this usually has “Department of Homeland Security” printed at the top and is on Form I-200 or I-205. Employers are not required to confirm an employee’s presence or direct agents to them.
- Inventory Receipt: Provided by authorities if records are seized.
In California, employers are prohibited from giving permission or voluntarily consenting to access without the proper warrant or subpoena. Employers should state, “I cannot consent, and I do not consent,” and ensure agents do not exceed the scope of their warrant.
Workplace preparedness
Employers are encouraged to designate a trained manager or executive to handle interactions with immigration enforcement agents. This person should verify warrants and deny access if the proper authorization is not provided. A valid judicial search warrant must include court identification, a sworn affidavit, location details, a list of items to be seized, and a statement of probable cause.
The designated representative should immediately notify legal counsel, document the names and badge numbers of agents, accompany them at all times, and ensure agents do not exceed the scope of their authority as specified in any search warrant.
Informing employees of their rights
Employers can help each employee be aware of their right to remain silent, the right to refuse to answer any questions about their immigration status without an attorney present, and the right to speak with an attorney.
Protecting employees during enforcement actions
Employers should remind employees to stay calm and not run away during enforcement actions, as fleeing can be seen as suspicious. Employees have the right to remain silent and to ask for an attorney before answering any questions or signing documents. They should not provide false information and should document details of the enforcement action if possible.
After an enforcement action
Employers should document the number of agents present, their names, how they were dressed and armed, and any interactions with employees. If records are seized, employers should prepare the necessary documents and can request more than three days to produce them. California employers must post a Notice to Employees of I-9 and other inspections of immigration records, as required by Labor Code section 90.2.
The Farm Employers Labor Service advises that immigration-related enforcement activities can lead to a need for legal counsel.
-Information from Farm Employers Labor Service (fels.net) shared by the SLO County Farm Bureau
