Immigration policy reform may be old news to some, but as no new federal legislation has been passed, it continues to be a relevant topic to those involved in the agricultural industry. Since an estimated 70% of employees who perform labor intensive agricultural jobs nationwide are unauthorized, any changes to the current system could have far-reaching effects. In New York State the dairy, fruit and vegetable sectors would be the most influenced.

The Legal Workforce Act (H.R. 2885), a bill meant to make E-Verify usage compulsory, is an intensely debated piece of legislation. E-Verify is an internet-based system that allows employers to check the legal status of their employees. By comparing the information provided on the employee's Form I-9 with millions of government records, E-Verify provides almost instantaneous feedback as to whether or not the employee is eligible to work in the United States. The major concern for agricultural employers is that the bill will be passed without additional provisions to ensure the availability of an agricultural workforce. Although numerous guest worker proposals have been drafted, most only address ways for new immigrants to enter the U.S. legally; they do not propose a solution for employees who would be found unauthorized if E-Verify became mandatory. The big question is this: if a large portion of the current agricultural workforce were to be sent home today, would we be able to replace it with qualified workers quickly enough to avoid endangering the viability of our farm businesses?

There have always been risks involved in hiring immigrants, but although unemployment remains high, the pool of American applicants continues to be unenthusiastic about milking cows. So who can we expect to be milking our cows by the end of 2012? A recent publication from Cornell's School of Applied Economics and Management suggests that no drastic changes will be made this year (Maloney). With the presidential election in full swing, we will be hearing a lot about immigration. Yet it is unlikely that any changes will be made that meet the criteria set forth by agricultural employers. Federal-level E-Verify legislation is at a standstill and farm employers will continue opposing it unless a viable agricultural worker program is proposed. Immigration enforcement, especially through I-9 audits, is expected to continue. The best way to safeguard your current workforce is to prepare yourself for an I-9 audit. Take the time to make sure that your employee records are up to date and that you know how to answer any legal questions regarding immigrant workers. For more information on I-9 audits, visit this website: ICE

Sources:
Maloney, Thomas R and Smith, Marc A. "Chapter 8: Decisions Facing New York State's Labor  Intensive Agriculture Sector". 2012 New York Economic Handbook. Charles H. Dyson

E-Verify. U.S. Citizen and Immigration Services. 6/17/2011. E-Verify