While the Trump administration has given mixed messages about immigration enforcement on farms, many labor and immigration experts are expecting more crackdowns in the coming months.
The One Big Beautiful Bill Act signed in July allocated $170 billion for immigration enforcement, detention and deportation.
“We have had a few calls from farmers and others in the industry who are looking for a little clarity,” said Kristiana Coutu, director of the Beginning Farmer Center and senior counsel for the Center for Agricultural Law and Taxation at Iowa State University.
Coutu emphasized her role is educational. She does not provide legal advice and strongly recommended farmers and agricultural employers work directly with an attorney who specializes in immigration or employment law.
There are several reasons why Immigration and Customs Enforcement (ICE) or other federal officials may come to a farm, Coutu said. One is for a Form I-9 audit.
Employers are required to fill out I-9 forms to verify the identities and work authorizations of their employees. This includes workers enrolled in the H-2A program, which provides temporary authorization for agricultural jobs.
The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring, recruiting or referring for a fee an individual who's not authorized to work in the U.S.
“Employers have responsibilities under federal laws for I-9 compliance with their workforce,” Coutu said. “There potentially could be more audits with increased enforcement emphasis.”
Coutu said good practices for employers to consider include:
- Designating a key person to oversee I-9 compliance and stay up to date on changes
- Having a system in place to maintain records and know when an employee’s authorization is set to expire
- Self-auditing to identify potential issues; employers often work with an attorney to review the forms during this process
Employees should also be trained to fill out I-9 forms, according to Michigan State University Extension. Employers and employees can make certain corrections on the forms, but Coutu said it’s “extremely important that it is very transparent.”
This includes drawing a line through the incorrect information and initialing and dating the correction. Using whiteout or backdating a section of the form could lead to a violation, according to a presentation hosted by Cornell University’s Agricultural Workforce Development program.
Beyond I-9 audits, immigration officials may come to a worksite to detain a specific individual who they have reason to believe is in the U.S. without legal status. A raid typically involves a broader search at a facility to potentially detain several people, Coutu said.
Coutu recommends agricultural employers work directly with attorneys to implement a plan for potential immigration actions. This may include designating a point person to:
- Engage with immigration officials on the farm
- Ask for identification
- Review the warrant and understand the scope of what’s allowed
- Communicate with an attorney
Immigration officials may seek to search an agricultural workplace using a judicial or administrative warrant, according to Coutu. When and where they are allowed to search will differ depending on the type of warrant they obtain.
An administrative warrant does not allow a broader search of non-public areas — unless someone at the farm gives consent, Coutu explained. Employers can work with an attorney ahead of time to identify non-public areas on the farm and clearly mark them as “employees only,” “no access” or “private.”
She added that employers cannot impede an investigation or tell employees what they can or can’t say. But they can document the officers’ activities and ask where employees are being detained to share with their emergency contacts.
Maintaining an up-to-date emergency contact list is a good practice, regardless of the situation, Coutu said.
